[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-3-2008 by Ord. No. 731]
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]
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.
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
(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:
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.
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.
