§ 31.09 CODE ENFORCEMENT INSPECTIONS.
   31.09(A)   Authorization to inspect. When a has reasonable suspicion that a or is in violation of the , the is authorized and empowered to inspect, enter, examine and survey the or for the purpose of enforcing the . Inspection, entrance, examination and survey of or shall be conducted during reasonable hours.
   31.09(B)   Identification procedures.   shall carry credentials sufficient to identify the as a of the . Upon initial and all subsequent visits to or , the shall present and allow examination of these credentials upon initial contact with persons at the property and on demand during the visit to the or .
   31.09(C)   Inspection protocol.   shall comply with the following procedures when seeking authority to inspect portions of or not visible from or from Private .
   31.09(C)(1)    shall seek consent to inspect the or from a over the age of 18 who has common authority over the , or property on their initial and all subsequent visits.
   31.09(C)(2)   In the event a over the age of 18 who has common authority over a or shall not consent to immediate inspection of the or , that shall be given the opportunity to reschedule such inspection for a date and time certain within ten days of the ’s initial visit.
   31.09(C)(3)   The may seek a search warrant for the or , as provided in subsection 31.09(D) of this Section, if:
   31.09(C)(3)(a)   The who scheduled the inspection in accordance with subsection 31.09(C)(2) of this Section refuses to consent to inspection of the or at the scheduled time;
   31.09(C)(3)(b)   The who scheduled the inspection in accordance with subsection 31.09(C)(2) of this Section is not at the or at the scheduled time; or
   31.09(C)(3)(c)   The has gotten no response to repeated attempts to contact the property and/or the in possession of the or .
   31.09(C)(4)   In the event a or appears to be unoccupied or vacant and the cannot be contacted in order to obtain consent to inspect the or , the then may enter any open portion of the or in order to conduct an inspection.
   31.09(D)   Obtaining a search warrant. The shall seek a search warrant as follows.
   31.09(D)(1)   When a believes, based upon reliable evidence, that it is more likely than not that a specific or is in violation of the , that shall:
   31.09(D)(1)(a)   Swear out an affidavit stating with particularity the basis of the ’s belief, including:
   31.09(D)(1)(a)1.   The nature and extent of the suspected violation;
   31.09(D)(1)(a)2.   The source(s) of the information on which the is basing his or her belief; and
   31.09(D)(1)(a)3.   The circumstances under which the source(s) of the information obtained the information;
   31.09(D)(1)(b)   Collect all documentary evidence of the suspected violation and attach that documentary evidence to the ’s affidavit as incorporated exhibits.
   31.09(D)(2)   When a believes based upon reliable evidence that it is more likely than not that some and/or within a group of and/or are in violation of the that shall:
   31.09(D)(2)(a)   Swear out an affidavit stating with particularity the basis of the ’s belief about the group of and/or , including:
   31.09(D)(2)(a)1.   The nature and extent of the suspected violation;
   31.09(D)(2)(a)2.   The source(s) of the information on which the is basing his or her belief; and
   31.09(D)(2)(a)3.   The circumstances under which the source(s) of the information obtained the information.
   31.09(D)(2)(b)   Collect all documentary evidence of the suspected violation and attach that documentary evidence to the ’s affidavit as incorporated exhibits.
   31.09(D)(2)(c)   The ’s affidavit, together with the documentary evidence attached thereto, must establish a nexus between each and/or in the group of suspected and/or and the testimony and/or documentary evidence upon which the ’s belief is based.
   31.09(D)(3)   On behalf of the , the shall seek a search warrant based upon the ’s affidavit and as required by law.
   31.09(E)   Execution of the search warrant. Once the has received the search warrant, he or she shall execute the search warrant as soon as possible, provided that the time of execution is reasonable. When executing a search warrant shall be accompanied by an of the Broward County Sheriff’s Office
(Ord. 2010-10, passed 10-4-2010)