§ BH:16-8.3. Search warrant or access warrant.  


Latest version.
  • a. 

    The Sanitary Inspector may, upon affidavit, apply to the Judge of the Municipal Court of the Township for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of the Code may exist on the premises, including one or more of the following:

    1. 

    The premises require inspection according to the cycle established by the Board of Health of the Township, for periodic inspections or premises of the type involved.

    2. 

    Observation of external conditions (for example, smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this Code exist.

    3. 

    Circumstances such as age and design of fuel-burning equipment and/or system, types of incinerator, particular use of premises or other factor which renders systematic inspections of such buildings necessary in the interest of public health and safety.

    b. 

    If the Judge of the Municipal Court is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.

Ord. No. 7-6-71; 1967 Code § 3-8C