49-433. Special inspection warrant
A. The director and his deputies charged under this chapter or the rules and
regulations adopted pursuant to this chapter with powers or duties involving inspection
of real or personal property including buildings, building premises and building contents
for the purpose of air pollution control shall be authorized to present themselves before
a magistrate and apply for, obtain and execute special inspection warrants. Such
inspections shall be limited to property other than the interior or structures used as
private residences.
B. Upon showing by the affidavit of the director or his deputies that consent to
entry for inspection purposes has been refused or circumstances justify the failure to
seek such consent, special inspection warrants may be issued by a magistrate for
inspection of public or private, real or personal properties. Such warrants shall not be
necessary in the case of an emergency where there is an imminent and substantial
endangerment to the health of persons.
C. The warrant shall be in substantially the following form: "County of
___________________, state of Arizona to the director or any deputy director in the state
of Arizona, proof by affidavit having been this day made before me by (person or persons
whose affidavit has been taken) that in and upon certain premises in the (city, town or
county) of ________________ and more particularly described as follows: (describe the
premises with reasonable particularity) there now exists a reasonable governmental
interest to determine if such premises comply with (section ____________ of the Arizona
Revised Statutes) and/or (section _______________ of regulation or ordinance). You are
therefore commanded in the day time (or during reasonable business hours), to make an
inspection of said premises as soon as practicable. Date, signature and title of
office." The endorsement on the warrant shall be in substantially the following form:
"Received by me ___________________, 19____, at ___________ o'clock ______________.
(Name of director or deputy director)." The return of officer shall be in substantially
the following form: "I hereby certify that by virtue of the within warrant I searched the
named premises and found the following things (describe findings). Dated this ______ day
of _______________, 19___ (Name of director or deputy director)."
D. The warrant may be served by the director or his deputies mentioned in its
directions, but by no other person except in aid of the director or his deputies, on his
requiring it, the director or his deputies being present and acting in its execution.
E. A warrant shall be executed and returned to the magistrate who issued it within
ten days after its date. After the expiration of that time, the warrant shall unless
executed be void.
F. Any person who wilfully refuses to permit an inspection lawfully authorized by
warrant issued pursuant to this article is guilty of a petty offense.
|