[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook 1-13-2014 by L.L. No. 2-2014. Amendments noted where
applicable.]
The legislative intent of this law is to grant authority and
to establish procedures to be followed by a department in the Village
of Lynbrook responsible for enforcing the Village Code, including,
but not limited to, the office of the Department of Buildings, the
office of the Department of Public Works, the Lynbrook Fire Department,
or the office of the Village Attorney for the application for and
the execution of administrative search warrants.
As used in this chapter, the following terms shall have the
meanings indicated:
A written order of a Judge authorizing the inspection of
any property, place or thing, and the photographing, copying or recording
of the condition of any property or documents related thereto, to
determine or to prove the existence of a violation of any provision
of the Village Code section.
In an instance where an owner or occupant fails or refuses
to permit an administrative inspection by an authorized Village representative
under a Code provision requiring such an inspection, the Village may
apply for an administrative search warrant. In cases where a local
law does not specifically provide for an administrative inspection,
but, where such inspection is required for the good and welfare of
the community, and, where an owner or occupant fails to or denies
entry upon the premises for the purpose of such administrative inspection
by an authorized Village official, the Village may apply to the court
for an administrative search warrant, provided a written notice is
served by certified mail, return receipt requested to the last known
address of the owner of the premises or to the occupant of the premises
that an administrative search warrant may or will be requested of
the court. Such notice must state that:
A.
An administrative search warrant may be issued where permission to
conduct such a search to an authorized Village employee requesting
entry upon the premises for such inspection has been denied;
B.
The description of the specific scope of the inspection is detailed;
and
C.
The limitation of the Village's inspector's authority to inspect
and act as defined by the pertinent Village Code chapter and the relevant
subject matter of the inspection.
[Amended 8-14-2017 by L.L. No. 3-2017]
The Village Attorney or designee or any department head of the
Village of Lynbrook is authorized to make an application to the Village
Justice Court for the issuance of an administrative search warrant
in order to conduct an inspection of any premises where the owner
or occupant refuses or fails to allow an inspection of the premises
and where there is reasonable cause to believe that a violation of
the Code of the Village of Lynbrook is present or has occurred.
An administrative search warrant shall be executed by a Lynbrook
police officer; however, one or more designated Code Enforcement Officials
may accompany the officer to assist in the administrative inspection,
the photographing of the condition of the subject premises, copying
or recording of said conditions or documents related thereto.
Such administrative search warrant shall be based upon the reasonableness
of the inspection in balancing the reasonable public interest in having
the Village Code provisions enforced against the owner's or occupant's
rights of privacy which balancing shall be described to the Court
in the application for the warrant submitted by the department head
or the Village Attorney.
[Added 8-14-2017 by L.L.
No. 3-2017]
After an inspection is completed, the Superintendent or his
designee must file with the issuing justice a return describing when
and how compliance with the warrant was effectuated. After review
by the issuing justice, the return must be filed with the Clerk of
the Court.
