§ 7-39. Inspection warrants.

(a)

The building official, in addition to other procedures provided by law, may obtain an inspection warrant under the conditions specified in this section. The warrant shall authorize the building official to conduct a search or inspection of property without the consent of the person whose property is to be searched or inspected, under the conditions set out in this section.

(b)

Inspection warrants may be issued by any judge of the recorder's 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 division and all other applicable law;

(3)

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

(4)

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 a search or inspection;

(5)

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

(6)

The warrant refers, in general terms, to the provisions of the Code or state law sought to be enforced.

(Ord. No. 04-09, Pt. I, 8-10-04; Ord. No. 05-09, Pt. I, 7-26-05)