(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)