The Municipal Judge of the Municipal Court of the City of Union may, upon application of the City Administrator, acting in the course of official duties, issue an inspection warrant whenever an inspection or investigation of any property, real or personal, is required or authorized by any provision of any regulation of the city or of any applicable state or federal regulation. The term “regulation” shall include legislative and administrative enactments as well as the Charter of the City of Union. The inspection warrant is an order authorizing the inspection at a designated place for the purposes set forth in the authorizing regulation.
(Ord. 539, passed 9-8-2014; Ord. 547, passed 4-13-2015)
(A) An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the regulation requiring or authorizing the inspection or investigation, the place to be inspected or investigated, and the purposes for which the investigation or inspection is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and not given, that the property is vacant, or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant.
(B) Cause shall be deemed to exist if one or more of the following is shown by the affidavit:
(1) There is probable cause to believe that a condition of or on the property is in violation of any applicable regulation with respect to the particular place for which an inspection or investigation is sought;
(2) An investigation or inspection is reasonably believed to be necessary in order to determine or verify the cause of an occurrence such as a structure collapse, fire, or injury to person or property, reasonably believed to be a result of a condition of property regulated by the authorizing regulation; or
(3) In a prior proceeding the property has been found to be in violation of the applicable regulation or to contain a public nuisance, and the current inspection or investigation is for purposes of follow-up to assure that all violations and nuisances have been corrected.
(Ord. 539, passed 9-8-2014; Ord. 547, passed 4-13-2015)
(A) Before issuing an inspection warrant, the Municipal Judge may examine under oath the person signing the supporting affidavit or affidavits, and any other witness, and shall be satisfied of the existence of grounds for granting such application.
(B) If the Municipal Judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the Judge shall issue the warrant, particularly describing the name and title of the person or persons authorized to execute the warrant, the place to be entered and the purpose for the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 o’clock a.m. and 6:00 o’clock p.m., or where the Judge has specifically determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night. The warrant may give authorization for the indicated person or persons to re-enter on as many days reasonably required to complete the inspection.
(Ord. 539, passed 9-8-2014; Ord. 547, passed 4-13-2015)
(A) Except as provided in division (B) of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to identify him or herself, and to state his or her authority and purpose to an occupant or person in possession of the place to be inspected or investigated designated in the warrant and show the occupant or person in possession of the place the warrant or a copy thereof upon request.
(B) If the designated place is at the time the warrant is executed unoccupied or not in the possession of any person or at the time reasonably is believed to be in such condition, in executing an inspection warrant, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as is described in division (A) of this section, but may promptly enter.
(C) The person or persons authorized to enter may be accompanied by a peace officer to assist in the execution of the inspection warrant.
(D) An inspection warrant must be executed and returned to the Municipal Judge by whom it was issued within fourteen calendar days from its date, unless such Judge before the expiration of such time, by endorsement thereon, extends the time for five days. After the expiration of the time prescribed by this subsection, the warrant is void, however, upon the initiation of a new application may be again issued if the terms of this ordinance are otherwise satisfied.
(Ord. 539, passed 9-8-2014; Ord. 547, passed 4-13-2015)
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