49-488. Special inspection warrant
A. The control officer 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 of structures used as
private residences.
B. Upon showing by the affidavit of the control officer 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 any control officer or deputy control officer in the
county of +++++++++++++++ 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 said 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
control officer or deputy control officer)." 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 control officer or deputy
control officer)."
D. The warrant may be served by the control officer or his deputies mentioned in
its directions, but by no other person except in aid of the control officer or his
deputies, on his requiring it, the control officer 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 knowingly refuses to permit an inspection lawfully authorized by
warrant issued pursuant to this article is guilty of a petty offense.
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