§ 19-89. Requirement for issuance of inspection warrant.

(a)

No inspection warrant shall be issued except upon citation to specific laws requiring or permitting inspections or on the presentation of evidence of probable cause to believe that a violation of this Code or state or federal statutes providing for such inspections to be made by city inspectors are present in the premises sought to be inspected. In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following:

(1)

The age and general condition of the premises;

(2)

Previous violations or hazards found present in the premises;

(3)

The type of premises;

(4)

The purposes for which the premises is used; and

(5)

The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected.

(b)

A sworn affidavit setting forth substantial facts toward establishing probable cause or the statutory basis for inspection shall be filed in every instance in which an inspection warrant is requested.

(Ord. No. 89-177, § I(8-43), 12-5-89)