(A) If the owners or those in possession of a parcel of real estate in an unincorporated area of the county refuse inspection, the Zoning Administrator may obtain an inspection warrant from any court of record in the county in order to determine if there is a public nuisance existing on the premises.
(B) The court shall issue the warrant subject to the following conditions:
(1) The person seeking the warrant must establish that the premises to be searched or inspected is to be searched or inspected as part of a legally authorized program of inspection that naturally includes the premises, or that there is probable cause for belief that a condition, object, activity or circumstance legally justifies a search or inspection of that premises;
(2) An affidavit establishing one of the grounds described in division (B)(1) must be signed under oath or affirmation by the affiant; and
(3) The Court must examine the affiant under oath or affirmation to verify the accuracy of the affidavit.
(C) The warrant is valid only if it:
(1) Is signed by the judge or the court and bears the date and hour of its issuance above that signature, with a notation that the warrant is valid for only 48 hours after its issuance;
(2) Describes (either directly or by reference to the affidavit) the premises where the search or inspection is to occur so that the executor of the warrant and owner or the possessor of the premises can reasonably determine what premises the warrant authorizes an inspection of;
(3) Indicates the conditions, objects, activities or circumstances that the inspection is intended to check or reveal; and
(4) Is attached to the affidavit required to be made in order to obtain the warrant.
(D) A warrant issued under this section is valid for only 48 hours after its issuance, must be personally served upon the owners or possessors of the premises, and must be returned within 72 hours.
(Ord. 2013-211, passed 5-6-2013)