Sec. 38-56Inspection warrant

(a) The department, in addition to other procedures provided, may obtain an inspection warrant under the conditions specified in this article. The warrant shall authorize the director or agents thereof to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, under the conditions set out in this article.

(b) Inspection warrants may be issued by the municipal court when the issuing judge is satisfied that all of the following conditions are met:

(1) The person seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property.

(2) The issuing judge determines that the issuance of the warrant is authorized by this article.

(c) The inspection warrant shall be issued only if it meets all of the following requirements:

(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant.

(2) The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property for which the warrant authorizes an inspection.

(3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal.

(4) The warrant refers, in general terms, to the ordinance provisions sought to be enforced.

History: (Ord. No. 2004-13, § 1.25, 9-2-2004)