(A) In those cases in which the owners or those in possession of a building refuse inspection, an inspection officer in the Lake County Unsafe Building Department may obtain an inspection warrant from any Court of record in Lake County, Indiana, in order to determine if the building is an unsafe building. The Court shall issue the warrant subject to the following.
(1) The person seeking the warrant must establish that the building to be searched or inspected is to be searched or inspected as part of a legally authorized program of inspection which naturally includes that building or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such a search or inspection of the building.
(2) An affidavit indicating the basis for the establishment of one of the grounds described in division (A)(1) above must be signed under oath or affirmation by the affiant.
(3) The issuing judicial official must examine the affiant under oath or affirmation to verify the accuracy of the matters indicated by the statement in the affidavit.
(B) The warrant shall be validly issued only if it meets the following requirements:
(1) It must be signed by the issuing judicial official and must bear the date and hour of its issuance above his or her signature with a notation that the warrant is valid only 48 hours, following its issuance.
(2) It must describe, either directly or by reference to the affidavit, the building where the search or inspection is to occur and be accurate enough in description so that the executor of the warrant and the owner or possessor of the building can reasonably determine from the warrant what property it authorizes an inspection of.
(3) It must indicate the conditions, objects, activities or circumstances which the inspection is the forfeiture reduced or stricken if it is satisfied that all intended to check or reveal.
(4) It must be attached to the affidavit required to be made in order to obtain the warrant.
(C) Any warrant issued under this section for a search or inspection shall be valid for only 48 hours after its issuance, must be personally served upon the owner or possessor of the building and must be returned within 72 hours.
(Prior Code, § 155.51) (Ord. 1012A, passed 8-13-1985)