§ 2-162. Inspection warrants.

(a)

Denial of initial request for entry; compliance report.

(1)

No person shall refuse reasonable entry or access to property outside of a dwelling to a code enforcement officer who, based upon reasonable cause, requests entry for the purpose of inspection and who presents appropriate credentials. Reasonable cause for this purpose shall mean whether, under the facts as known, the code enforcement officer reasonably believes that an infraction has been committed given the officer's observations, information, and experience at the time entry is sought. If entry or access is denied, the code enforcement officer may initiate procedures for the issuance of an inspection warrant, as provided in this section.

(2)

If access is voluntarily granted upon the code enforcement officer's initial request for entry for purposes of inspection, the owner or operator of the premises shall receive a report, if requested, setting forth facts found which relate to compliance status. The code enforcement officer shall inform the owner or operator of the right to receive such a report at the time of entry.

(b)

Persons authorized to issue warrant; procedure. An inspection warrant may be issued by any judge, including any circuit judge for the Seventh Judicial Circuit or any county court judge for the county, upon affidavit being made by a code enforcement officer. The attorney or his designee shall present the inspection warrant request with affidavit to the court. The inspection warrant, signed by a judge, shall authorize a code enforcement officer to conduct an inspection of the stated premises.

(c)

Requirements for issuance. An inspection warrant shall be issued based upon cause. The affidavit of the code enforcement officer shall particularly describe the place, dwelling, structure or premises to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall also contain a statement:

(1)

That consent to inspect was sought but refused;

(2)

That consent to inspect was sought but was unobtainable; or

(3)

Setting forth facts or circumstances reasonably justifying the failure to seek such consent.

(d)

Contents; duration. If the judge is satisfied that cause for the inspection exists, the judge may issue the warrant which describes the place, dwelling, structure or premises to be inspected, designating on the warrant the purpose and limitations of the inspection, including the duration of the warrant and whether execution of the warrant may proceed with or without actual notice, as provided for in subsection (e) of this section. The warrant shall not be effective for a period of more than 14 days. The code enforcement officer must execute and return the warrant to the judge within the timeframe specified in the warrant.

(e)

Conduct of inspection.

(1)

The inspection authorized by the warrant shall not proceed after 6:00 p.m. or before 8:00 a.m. of any day, or on Saturday, Sunday or any legal holiday, or in the absence of the owner of the property or an occupant who is at least 18 years old, unless the judge specifically authorizes such action in the warrant, in order to effectuate the purpose of the ordinance or code provisions being investigated.

(2)

Prior to execution of the warrant, the code enforcement officer shall provide the owner of the premises to be inspected with notice of such inspection. The code enforcement officer shall provide notice of the warrant by first attempting to hand deliver the warrant to the owner of the premises or an occupant at least 18 years old at the premises to be inspected. If hand delivery is unsuccessful, the code enforcement officer shall post the warrant on the premises to be inspected at least 24 hours before the warrant is executed. Execution of the warrant may commence immediately upon hand delivery of the warrant on the owner of the premises or an occupant at least 18 years old. If notice is provided by posting, execution of the warrant may commence 24 hours after posting.

(3)

Notice, either by hand delivery or by posting, is not required if the judge determines, as provided in the warrant, that the violation of an ordinance or code present an immediate and serious threat to the health, safety, and welfare of the citizens of the town. Under these circumstances, the code enforcement officer shall attempt to provide notice by hand delivery. However, if notice by hand delivery is unsuccessful, the code enforcement officer may execute the warrant and inspect the premises without posting.

(f)

Refusal to permit inspection under warrant. Any person who willfully refuses to permit an inspection authorized by an inspection warrant is guilty of a misdemeanor of the second degree. In addition, such person may also be cited for obstructing a code enforcement officer.

(g)

Malicious issuance of warrant. Any person or code enforcement officer who maliciously, or with knowledge that cause to issue an inspection warrant does not exist, causes the issuance of an inspection warrant by executing a supporting affidavit or by directing or requesting another to execute a supporting affidavit or who maliciously causes an inspection warrant to be executed and served for the purposes other than the enforcement of town ordinances and codes shall be guilty of a misdemeanor of the second degree.

(h)

Use of information from inspection. A code enforcement officer shall not give information as a confidential informer, shall not testify as a witness, and shall not execute an affidavit as a predicate for the issuance of a criminal search warrant, if the code enforcement officer learned of or obtained such information during an inspection pursuant to a warrant issued under this section.

(Ord. No. 97-1-1, § 4, 1-7-1998)

State law reference

Requirement for issuance of inspection warrant, F.S. § 933.21; issuance of inspection warrant, contents, F.S. § 933.24; duration of warrant, F.S. § 933.25; conduct of inspection, notice, F.S. § 933.26; refusal to permit inspection, F.S. § 933.27; malicious use of inspection warrant, F.S. § 933.28; restrictions on giving information, F.S. § 933.30.