[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:
1. 
Be in writing;
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.