8.22.120 Administrative Inspection Warrant; Right of Entry; Inspection Warrants.
A. Right of Entry. The Manager may enter property, including the interior of structures, at all reasonable times whenever an inspection is necessary to enforce this Chapter or to require entry on to the premises of a derelict structure pursuant to Chapter 8.18. In the case of entry into areas of property that are plainly enclosed to create privacy and prevent access by unauthorized persons, the following steps shall be taken:
1. Occupied Property. If any structure on the premises or property is occupied, the Manager shall first present proper credentials and request entry. If entry is refused, entry may be obtained by obtaining an inspection warrant;
2. Unoccupied Property. If the premises, property, or structures on the property are unoccupied, the Manager shall first make a reasonable attempt to locate the owner or property management company, and request entry. If entry is refused, the Manager may obtain entry by obtaining an inspection warrant.
B. Issuance of Administrative Inspection Warrants; Affidavit. An inspection warrant may be issued upon application therefore, supported by affidavit, particularly describing the applicant's status in applying for the warrant; the statute, ordinance or regulation requiring or authorizing the inspection or investigation; the property to be inspected or investigated; and the purpose for which the inspection or investigation is to be made. In addition, the affidavit shall contain either a statement detailing information showing that a condition of nonconformity with any code provision is more likely than not to exist with respect to the designated property; or that an inspection or investigation is reasonably believed to be necessary in order to discover or verify the condition of the property for conformity with any provision of the relevant code.
C. Procedure for Issuance of Administrative Inspection Warrant.
1. Examination. Before issuing an inspection warrant, the judge may examine under oath the applicant and any other witness.
2. Issuance. If the judge is satisfied the requirements for granting the application are met, the judge shall issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered and the purpose of the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of 7:00 a.m. and 10:00 p.m., or where the judge has specially determined upon 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.
3. Law Enforcement Assistance. In issuing an inspection warrant the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and assist in any way necessary to complete the inspection.
D. Execution of Administrative Inspection Warrants.
1. Occupied Property. In executing an inspection warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, 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 show the occupant or person in possession of the property the warrant or a copy thereof upon request. A copy of the warrant shall be left with the occupant or the person in possession.
2. Unoccupied Property. In executing an inspection warrant, the person authorized to execute the warrant need not inform anyone of the person's authority and purpose, but may promptly enter the property if it is at the time unoccupied or at the time reasonably believed to be unoccupied. In such case a copy of the warrant shall be conspicuously posted on the property.
3. Return. An inspection warrant must be executed within five (5) days of its issue and returned to the judge by whom it was issued within five (5) days from its date of execution. After the expiration of the time prescribed in this Section, the warrant unless executed is void.