1464.09   ADMINISTRATIVE SEARCH WARRANT TO ALLOW INSPECTION.
   (a)   Inspection. If the owner, occupant, or agent does not consent to the proposed inspection for any reason, the Zoning Inspector or his designee official may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten calendar days after the non-consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this section. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
      (1)   Eyewitness account of violation;
      (2)   Citizen complaints;
      (3)   Tenant complaints;
      (4)   Plain view violations;
      (5)   Violations apparent from City records;
      (6)   Property deterioration;
      (7)   Age of property;
      (8)   Nature of alleged violation;
      (9)   Condition of similar properties in the area;
      (10)   Documented violations on similar properties in the area;
      (11)   Passage of time since last inspection;
      (12)   Previous violations on the property.
   (b)   If the court declines to issue a warrant or if no warrant is sought, the inspection shall still take place but the scope thereof shall be limited to such areas as are in plain view. A limited-scope inspection conducted pursuant to this division shall be considered an "inspection" for purposes of this chapter and all other provisions of this chapter. No criminal penalty shall attach, nor shall any certificate of occupancy be denied, solely by reason of the owner's, occupants, or agent's refusal to consent to a full inspection.
(Ord. 2017-O-31.  Passed 9-26-17.)