§ 285-8. Applications; issuance of warrants.

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;

(a) 

After requesting, at a reasonable time, the owner, tenant or other individual in charge of the property to allow access, has been denied access to the property; or

(b) 

After making a reasonable effort the applicant has been unable to locate any of these individuals.

(2) 

The requirements of this section 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; and

(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:

(a) 

That a reasonable administrative inspection program exists regarding the condition of the property; and

(b) 

That the proposed inspection comes within that program.

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 provisions of this article.

F. 

An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:

(1) 

The time specified in the warrant, not to exceed 30 days; or

(2) 

If no time period is specified in the warrant, 15 days from the date of its issuance.