(a) Provision For. If entry is refused or delayed by the occupant or person in apparent charge of the premises, or if the conditions stated in Section 208.01 do not exist, then, unless otherwise provided in this Code, the Village inspection authority or his or her authorized agent may apply to the proper court for a search warrant to authorize entry into the designated premises for the purpose of making an inspection to determine the existence of a violation of any of the provisions of this Code pertaining to the health, welfare or safety of the public. (Adopting Ordinance)
(b) Probable Causes for Issuance. Probable causes for the issuance of a warrant pursuant to subsection (a) hereof are as follows:
(1) The inspection of the designated premises is part of a routine area inspection being conducted.
(2) The inspection of the designated premises is part of a spot check being conducted within a designated area. The affidavit provided for in subsection (c) hereof shall state the approximate period of time elapsed since the last general or spot check inspection in such area.
(3) The applicant for the warrant has knowledge of a violation, or knowledge of facts which would indicate a violation, of any of the provisions of this Code pertaining to the health, safety or welfare of the public, and such applicant has stated the facts upon which his or her knowledge is based in the affidavit provided for in subsection (c) hereof.
(4) The inspection is for the purpose of inspecting, during the course, or upon completion, of alteration, remodeling or improvement on the premises.
(5) The inspection is for the purpose of checking the conditions existing on the premises following an accident or casualty thereon where an inspection is required to determine if an imminent danger to health and safety exists.
(6) The inspection is for the purpose of checking the conditions existing in a building or structure that requires a license before occupancy, upon application for or renewal of such license.
(1976 Code § 1-26.)
(7) The inspection is for the purpose of determining whether or not an illegal connection exists from the homeowner's premises to the Village sanitary sewerage system. In such a case, the right to inspect extends to going inside a homeowner's building and to inspect the premises outside of the building.
(Ord. 665. Passed 10-14-85.)
(c) Applications, Contents and Duration.
(1) Applications; affidavit required. The application for the search warrant shall be signed and sworn to by the proper Village inspection authority or his or her authorized agent and shall be accompanied by an affidavit containing facts within the personal knowledge of the affiant that there is probable cause, as stated in subsection (b) hereof, for the issuance of a search warrant for certain premises, and that entry therein has been denied or unduly delayed by the occupant or person in apparent charge.
(2) Contents. Thereupon, the proper court may issue a search warrant directed to the proper Village inspection authority or his or her authorized agent authorizing him or her to enter and inspect the premises. The warrant shall name and describe with reasonable particularity the place to be inspected, the reason for the inspection and the name of the applicant on whose written application the warrant was issued.
(3) Duration. An inspection under the authority of the search warrant shall be made within fifteen calendar days from the date of issuance of the warrant, and after the expiration of the fifteen-day period, the warrant shall be null and void.
(1976 Code § 1-27.)
(d) Re-inspections. Whenever the proper Village inspection authority or his or her authorized agent has secured a search warrant to enter premises pursuant to this section, he or she may reinspect such premises at any reasonable time during the daylight or business hours after the period specified in the duly issued notice for the correction of a violation to determine if there has been compliance with such notice.
(1976 Code § 1-28.)