(A) Application for authority. The Mayor, Town Council, or the representative thereof may make application to the Municipal Court for authority to enter upon land to examine the property for the purposes of making a determination as to whether a public nuisance exists, and/or securing information as to the ownership of the junk/condition thought to constitute a public nuisance, and/or securing information as to the identity of the person in control of the land where the nuisance is located.
(B) Authority of Court. The Municipal Court has authority to issue search warrants and other processes necessary to enforce this chapter.
(C) Warrant issuance upon affidavit. A warrant shall issue only upon affidavit, sworn to before a municipal judge, which establishes the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he or she shall issue a warrant identifying the purpose of the search, and naming or describing the place to be searched. The warrant shall be directed to the Mayor, Town Council, or the appointed representative thereof, or to any officer authorized to enforce or assist in enforcing the laws of the state or of the town. The warrant shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. The warrant shall command that the search take place forthwith. The warrant shall direct that it be served in the daytime, but for good cause shown, the warrant may direct that it be served at any time.
(Prior Code, § 5-1-7) (Ord. 356, passed 2-19-2009)