2.04.102 Administrative warrants

2.04.102 Administrative warrants.

The procedures in this section apply to administrative inspections and investigations made by officers and employees of the city relating to fire, sanitation and structural safety of property, existence of nuisances, and the improper use of property under codes for the protection of the health, safety and welfare of the public or for any purpose authorized by law. An administrative warrant is an order, in writing, in the name of the city, signed by the municipal judge, or other authorized judge, directed to a city official or employee charged with the responsibility of enforcing the provisions of this code commanding the official or employee to conduct any inspection or investigation required or authorized by any provision of law. An administrative warrant shall not be deemed a criminal warrant within the meaning of ORS chapter 133.

A. Procedure. If an authorized officer or employee of the city is refused access to property for the purpose of making an inspection or investigation provided for in this section, the officer or employee shall not inspect the premises until the officer or employee has obtained an administrative warrant for the inspection from the municipal judge or other authorized judge.

1. Under the terms of this section, no administrative warrant shall be issued for the inspection of any property within the city until there has been filed with the municipal court an affidavit showing reasonable cause for the inspection. Reasonable cause to issue an administrative warrant exists if reasonable legislative, administrative or judicially prescribed standards for conducting an inspection or investigation are satisfied with respect to the particular property and the search is reasonable in time and scope.

2. The affidavit, shall described the applicant’s status in applying for the warrant, the code provision or regulation requiring or authorizing the inspection or investigation, the premises to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused, that the property is unoccupied or not in the possession of any person or at the time reasonably believed to be unoccupied, or facts or circumstances reasonably shown that the purposes of the inspection or investigation might be frustrated if entry were sought without a warrant.

3. Before issuing the warrant, the judge may examine, upon oath, the applicant and any other witnesses, and shall be satisfied of the existence of grounds for issuing such warrant. If the judge is satisfied that cause for the inspection exists, the judge shall issue a warrant particularly describing the place to be inspected and designating the purpose and limitations of the inspection.

4. The warrant shall contain a directive that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m. or, if the judge has specially determined on a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.

5. An administrative warrant shall be effective for the time specified therein, but in no event for a period of more than 14 days unless extended or renewed by the judge who signed and issued the original warrant upon a showing of good cause why the warrant could not be served within the time provided.

1. Except as provided in subsection 2 of this subsection, in executing an administrative warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and serve the person with a copy of the warrant.

2. In executing an administrative warrant, the person authorized to execute the warrant need not inform anyone of this authority and purpose as prescribed in subsection l of this subsection, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be unoccupied. A copy of the warrant shall be left in a conspicuous place if the property is unoccupied.

3. If any items are seized as specified by the warrant, a list of property taken shall be left in a conspicuous place.

4. A peace officer may be requested to assist in the execution of the administrative warrant.

5. An inspection pursuant to an administrative warrant shall not be made by means of forcible entry, except that the judge may, by an endorsement on the face of the warrant, expressly authorize execution of the warrant by forcible entry where the affidavit, or a supplemental affidavit after the warrant has once been issued, contains information sufficient to satisfy the judge that there are reasonable grounds to believe that any of the following situations exists:

a. a probable violation of any of the provisions of this code which, if such violation in fact existed, would represent an immediate threat to health or safety; or

b. where prior attempts to serve a warrant or obtain consent have met with refusal of the owner or occupant of the place described in the warrant;

c. where reasonable attempts have been made to secure the cooperation of the owner of the property described in the warrant, which property is unoccupied and entry cannot be gained except with such owner’s cooperation or by force, and such cooperation has been refused or is not obtainable after reasonable efforts.

1. In execution of a properly endorsed administrative warrant by forcible entry, any city official acting under the warrant shall be accompanied by a peace officer who shall execute the warrant as to the manner of gaining entry, and who shall stand by during the inspection to prevent any interference therewith.

2. In the execution of an administrative warrant by forcible entry the officer has the same power and authority, in all respects, to break open any door or window, to use all necessary and proper means to overcome any forcible resistance made to the officer or to call any other person to the officer’s aid that the officer has in the execution or service of a warrant of arrest.

E. Return of Warrant. An administrative warrant must be executed and returned to the issuing judge within 14 days from its date of issuance. After the expiration of the time prescribed by this subsection, the warrant is void unless executed. The return shall certify the day and time of execution of the warrant, the name of the city official conducting the inspection and a list of items seized, if any.

F. Emergency Inspection Without Warrant. Nothing in BC 2.04.102 shall be construed as prohibiting an inspection or investigation without a warrant in an emergency situation if immediate inspection is necessary to the protection of the public health or safety and if it would be impractical and represent an increased hazard to seek a warrant under BC 2.04.102. [BC 2.04.102, amended by Ordinance No. 3516, 6/10/86]