§ 25-152. Inspection warrants.

The director, in addition to other procedures provided, may obtain an inspection warrant for the purpose of inspection or investigation of conditions relating to the enforcement of this article, compliance with the terms of any permit, or observation, measurement, sampling or testing with respect to any federal or state regulation, and periodic investigations in accordance with the provisions of this article.

(1)

Inspection warrants may be issued by the recorder's court when the issuing judge is satisfied that the director has established by oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the property or that there is a condition, object, activity, or circumstance which legally justifies such an inspection of the property.

(2)

An inspection warrant will be validly issued only if it meets the following requirements:

a.

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

b.

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 occupant of the property can reasonably determine from it the property for which the warrant authorizes an inspection.

c.

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

d.

The warrant refers, in general terms, to the Code provisions sought to be enforced.

(Code 1976, § 6-2143; Ord. No. 97-05, § 1, 3-11-97)