§ 40.05 ISSUANCE OF SEARCH WARRANT.

   (A)   The municipal court judge for the City of Folly Beach is hereby authorized to issue search warrants upon the application of a code official to enter any building or property within the city under the terms and conditions as deemed by the municipal court judge.

   (B)   In order to secure a search warrant, the code official must affirm that:

      (1)   The relevant ordinance, codes, regulations, or statutes are in place pertaining to the property;

      (2)   The requesting official has attempted peaceful entry or has sought permission to enter for the limited purpose of code inspection or abatement;

      (3)   Permission has been denied or could not be obtained;

      (4)   There exist facts and circumstances that lead the affiant to believe, based upon his education, training or experience, that an inspection is appropriate, a code violation exists, or there is imminent danger to an occupant;

      (5)   The stated object and purpose of the search must be adequately specific so that the reasonableness of the scope of the search is not expanded past regulatory purposes; and

      (6)   The search warrant shall not be used as a pretext for a criminal search.

   (C)   A law enforcement officer must accompany the code official to the premises to assist in the safe execution of the search warrant under the provisions of this chapter.

   (D)   It shall be unlawful for any person having control of any premises for which a search warrant has been issued to prohibit the entry onto the premises by the person as authorized in accord with §§ 10.99 and 131.02(A)(1).

(Ord. 09-18, passed 7-10-18)