[Ord. No. 2011, 1-20-2022]
A. An
administrative search warrant is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing, and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein, to determine or prove
the existence of violations of any ordinance or this Code relating
to the use, condition or occupancy of property or structures located
within the City, or to enforce the provisions of any such ordinance
or this Code.
B. The
Municipal Judge, having original and exclusive jurisdiction to determine
violations of any ordinances or this Code, may issue search warrants
to determine the existence of violations of any of the provisions
of the City's ordinances or Codes. The Municipal Judge shall also
have authority to issue warrants for entry onto property to seize
property or to otherwise enforce any of the provisions of the City's
ordinances or Codes. Emergencies may be abated.
The issuance of a search warrant is subject to the following
conditions:
1. The property or place to be searched or inspected, or the thing to
be seized, is located within the City at the time an application for
a search warrant is made; and
2. The owner or occupant of the property or place to be searched or
inspected, or the thing to be seized, has refused to allow such search
or inspection after an official request by the City has been made.
C. The
Director of Public Works, or his/her designee, or any peace officer,
City Prosecutor or City Attorney may make an application for the issuance
of a search warrant. The application shall:
2. State the time and date that the application is made;
3. Identify the structure or premises which are to be entered upon,
photographed or recorded, searched or inspected, or the thing which
is to be seized, in sufficient detail and particularity that the Director
of Public Works, or his/her designee, or Peace Officer executing the
search warrant may readily ascertain the structure, premises or thing
to be searched or seized;
4. State that the owner or occupant of the structure or premises to
be entered upon, searched or inspected, or of the thing to be seized,
has refused a request by the Director of Public Works, or his/her
designee, or Peace Officer to conduct such action;
5. State facts sufficient to show probable cause for the issuance of
a search warrant;
6. Be verified by oath or affirmation of the applicant; and
7. Be filed in the Municipal Court.
D. The
application for the issuance of a search warrant may be supplemented
by a written affidavit verified by oath or affirmation of the applicant.
Such affidavit shall be considered when determining whether there
is probable cause for the issuance of a search warrant and shall be
considered to resolve any deficiencies in the description of the structure
or premise to be entered upon, searched or inspected, or the thing
to be seized. Oral testimony shall not be considered.
E. The
Municipal Judge shall hold a non-adversary hearing to determine whether
sufficient facts have been stated for the issuance of a search warrant.
If it appears from the application, and any supporting affidavit,
that there is probable cause to believe that the place or thing subject
to search or seizure is in, on or upon the structure or premises described
in the application, and any supporting affidavit, a search warrant
shall be immediately issued. The warrant shall be issued in the form
of an original and two (2) copies.
F. The
application, and any supporting affidavit, and a copy of the warrant
shall be retained in the records of the Municipal Court.
G. The
search warrant shall:
1. Be in writing and issued in the name of the City;
2. Be directed to the Director of Public Works, or his/her designee,
or any peace officer;
3. State the time and date the search warrant is issued;
4. Identify the structure or premises which is to be entered upon, searched
or inspected, or the thing to be seized, in sufficient detail and
particularity that the Director of Public Works, or his/her designee,
or any peace officer executing the search warrant may readily ascertain
the structure or premises to be searched or inspected, or thing to
be seized;
5. Command that the structure or premises be entered upon, searched
or inspected, and any evidence of any violation(s) found therein or
thereon, or any property seized pursuant thereto, or a description
of such property, be returned to the Municipal Judge who issued the
search warrant, to be dealt with according to law not later than ten
(10) days after the date the application for the search warrant is
made; and
6. Be signed by the Municipal Judge, with his/her title of office indicated
thereon.
H. A search
warrant issued under this Section may only be executed by the Director
of Public Works, or his/her designee, or any peace officer. The search
warrant shall be executed by conducting the search and seizing the
thing(s) commanded therein.
I. A search
warrant shall be executed in a reasonable manner and as soon as practicable.
A search warrant shall expire if it is not executed and a return not
made within ten (10) days after the date of the application.
J. The
Director of Public Works, or his/her designee, or any peace officer
conducting the search or inspection shall give the owner or occupant
of the property or place entered upon, searched or inspected, or of
the property seized, a copy of the search warrant.
K. If
property is seized incident to the search, the Director of Public
Works, or his/her designee, or any peace officer conducting the search,
shall give the person from whose possession the property is taken
an itemized receipt listing the property taken, but only if such person
is present. If no such person is present, the Director of Public Works,
or his/her designee, or any peace officer shall leave the receipt
in a conspicuous place at the site of the search or seizure.
L. After
execution of the search warrant, the search warrant with a return
thereon, signed by the Director of Public Works, or his/her designee,
or any peace officer making the search, shall be delivered to the
Municipal Judge who issued the warrant. The return shall indicate
the date and manner of execution, the items seized, and the name of
the possessor and the name of the owner, when he/she is not the same
person, if known. The return shall be accompanied by a copy of the
itemized property receipt required in this Section. A copy of the
itemized property receipt shall be delivered to the Municipal Court
within two (2) business days of the search.
M. A search
warrant shall be deemed invalid:
1. If it was not issued by a Municipal Judge; or
2. If it was issued without a written application having first been
filed and verified by the Municipal Court; or
3. If it was issued without probable cause; or
4. If it was not issued with respect to property or places located within
the City; or
5. If it does not describe the structure or premises to be entered upon,
searched, or inspected, or the thing to be seized, with sufficient
detail and particularity as required in this Section; or
6. If it was not signed by the Municipal Judge who issued the search
warrant; or
7. If it was not executed within the time prescribed in this Section.
N. The
City will pay the reasonable costs for the defense of any City official,
elected or appointed, who is sued or prosecuted because of actions
taken in carrying out the authority granted by this Section.