(A) Definition. An ADMINISTRATIVE SEARCH WARRANT is a written order of a judge, or other officer authorized by statute to issue search warrants, that commands a search or inspection of any property, place or thing, and the seizure, photographing, copying, or recording of property or physical conditions found. An ADMINISTRATIVE SEARCH WARRANT authorizes an officer to enter any premises to conduct any inspection, sampling, and other functions required or authorized by law to determine compliance with the provisions of an ordinance, code, or other regulation, including, but not limited to, those relating to the use, condition, or occupancy of property or structures.
(B) Who may apply for a warrant.
(1) When a law requires or authorizes an inspection or investigation of any property, place or thing, the Administrative Officer charged to enforce that law, acting in the course of his or her official duties, may apply for an administrative search warrant. For this purpose, Administrative Officer includes a building inspector, code enforcement officer, fire chief, their assistants or deputies, or other duly authorized representative, as the case may be.
(2) Before filing an application for an administrative search warrant, the Administrative Officer shall consult with legal counsel as to its legality in both form and substance.
(C) Contents of application. The application shall:
(1) Be supported by an affidavit sufficient under Section 10 of the Kentucky Constitution and be sworn to before an officer authorized to administer oaths as provided in the Kentucky Rules of Criminal Procedure or other applicable law;
(2) State the applicant's status in applying for the warrant, the ordinance or regulation requiring or authorizing the inspection or investigation, and the nature, scope and purpose of the inspection to be performed;
(3) Describe the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
(4) State that:
(a) For the purpose of making an inspection, access to the property has been sought from and refused by the regulated party;
(b) After making a reasonable effort, the applicant has been unable to locate the regulated party; or
(c) The facts and circumstances reasonably show that the purposes of the inspection or investigation might be frustrated if entry were sought without first procuring a warrant.
(5) State the basis upon which sufficient cause exists to search or inspect for violations of the ordinance or regulation specified.
(D) Grounds for issuance.
(1) An administrative search warrant may issue upon the showing that probable cause for the inspection or investigation exists, and that the other requirements for granting the warrant are satisfied. Probable cause may be shown by:
(a) Reasonable legislative or administrative standards for conducting a routine, periodic or area inspection, and that those standards are satisfied with respect to the location;
(b) Existence of a reasonable administrative inspection program regarding the condition of the property, and that the proposed inspection comes within that program;
(c) A health, public protection or safety ordinance, regulation, rule or standard order, and that specific evidence of a condition or non-conformity exists with respect to the particular location; or
(d) An investigation reasonably believed to be necessary to determine or verify the condition of the location.
(2) A copy of the administrative search warrant and supporting affidavit shall be retained by the issuing officer and filed by such officer with the clerk of the court to which the warrant is returnable.
(E) Contents of warrant. The warrant:
(1) May direct its execution and return by the administrative officer charged to enforce the ordinance or regulation specified in the application;
(2) Shall specify the property, place, structure, premises, vehicle or records to be searched, inspected or entered upon in sufficient detail or particularity that the officer executing the warrant can readily ascertain it;
(3) May contain a direction as to the time and manner of its execution; and
(4) Shall command return to the appropriate court any evidence of ordinance violations found, or of any property seized pursuant thereto, or a description of such property.
(Ord. 2019-014, passed 1-6-2020)