Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 160.
Nuisances — See Ch. 278.
Property maintenance — See Ch. 310.
Licensing of rental premises — See Ch. 326, Art. I.
[Adopted 11-3-2008 by Ord. No. 731]

§ 153-1 Authority.

In addition to Borough law enforcement officers, it is hereby expressly granted to the Borough Code Enforcement Officer the authority on behalf of the Borough Council to issue nontraffic summary citations and to enforce any and all Borough ordinances.
[Adopted 1-20-2009 by Ord. No. 736]

§ 153-2 Right of entry; administrative search warrants.

The Borough Code Officer or Deputy Code Official(s) and/or designee of the Borough may apply to a judge of the Magisterial District Court for an administrative search warrant to enter any premises to conduct any inspection required or authorized by law to determine compliance with the provisions of any Borough property ordinance, code and/or nuisance ordinance.

§ 153-3 Application for warrant.

A. 
The application for an administrative search warrant shall be in writing and sworn to by the applicant and shall particularly describe the place, structure, premises, etc., to be inspected and the nature, scope and purpose of the inspection to be performed by the applicant.
B. 
Before filing an application for an administrative search warrant with a court, the Borough Code Officer and/or Deputy Borough Code Officer and/or the Borough designee shall obtain approval by the Borough Solicitor as to its legality in both form and substance under the standards and criteria of this section, and a statement to this effect shall be included as part of the application.
C. 
A judge of a court referred to in this section may issue the warrant on finding that:
(1) 
The applicant has sought access to the property for the purpose of making an inspection; and
(a) 
After requesting, at a reasonable time, the owner, tenant or other individual in charge of the property to allow access, has been denied access to the property; or
(b) 
After making a reasonable effort, the applicant has been unable to locate any of these individuals.
(2) 
The requirements of § 152-3 of this article are met.
(3) 
The Borough Code Officer and/or Deputy Borough Code Officer and/or the Borough designee is authorized by law to make an inspection of the property for which the warrant is sought.
(4) 
Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of a Borough code and/or Borough ordinance or any rule, regulation and/or ordinance adopted under the Borough Code or by showing:
(a) 
That a reasonable administrative inspection program exists regarding the condition of the property; and
(b) 
That the proposed inspection comes within that program.
D. 
An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle or records to be inspected. The inspection conducted may not exceed the limits specified in the warrant.
E. 
An administrative search warrant issued under this section authorizes the applicant and other officials or employees of the Borough to enter specified property to perform the inspection, sampling and other functions authorized by law to determine compliance with provision of this Code.
F. 
An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:
(1) 
The time specified in the warrant, not to exceed 30 days; or
(2) 
If no time period is specified in the warrant, 15 days from the date of its issuance.

§ 153-4 Repealer.

Any other ordinances, or parts of ordinances or resolutions inconsistent herewith, and the same are repealed. The administrative search warrant procedures in Ordinance No. 654[1] entitled "Requiring all owners of residential properties to register their rental premises with the Borough of Hellertown and to create a systematic inspection program of residential rental units," regarding routine and systematic inspections for residential rental properties, shall remain in full force and effect and is not modified nor repealed by this article.
[1]
Editor's Note: See Ch. 326, Rental Property, Art. I, Licensing of Rental Premises.