§46-15.4  Administrative inspections and
warrants.  (a)  The respective counties may conduct inspections to enforce
sections 445-94 to 445-96.  Each county may conduct its inspections without a
warrant if the conditions enumerated in subsection (c) exist.  A county shall
conduct its inspection with a warrant in accordance with this section if the
circumstances enumerated in subsection (c) do not exist or if specific
buildings or premises to be inspected can be identified through citizen
complaint or by information obtained from state agencies under section
46-15.5.  The issuance and execution of an administrative inspection warrant
shall be as follows:



(1)  A judge of the circuit court, or any district
judge within the judge's jurisdiction, may issue warrants for the purpose of
conducting administrative inspections.  The warrants shall be issued upon
proper oath or affirmation showing probable cause that:



(A)  The conditions of operation under section
445-95 have been violated; or



(B)  A person is operating a lodging or
tenement house, group home, group residence, group living arrangement, hotel,
or boardinghouse, without the certificates required under section 445-94;



(2)  A warrant shall be issued only upon an affidavit
of an individual having knowledge of the facts alleged, sworn to before the
judge and establishing the grounds for issuing the warrant.  If the judge is
satisfied that there is probable cause to believe the grounds for issuing a
warrant exist, the judge shall issue a warrant identifying the area, premises,
building, or records to be inspected, the purpose of the inspection, and, if
appropriate, the type of property to be inspected, if any.  The warrant shall:



(A)  State the grounds for its issuance and the
name of each person whose affidavit has been taken in support thereof;



(B)  Be directed to a person authorized by the
county to execute it;



(C)  Command the person to whom it is directed
to inspect the area, premises, building, or records identified for the purpose
specified and, if appropriate, use reasonable force in conducting the
inspection authorized by the warrant and direct the seizure of the property
specified;



(D)  Identify the item or types of property to
be seized, if any; and



(E)  Direct that it be served during the
daylight business hours between 8:00 a.m. and 5:00 p.m. and designate the judge
to whom it shall be returned;



(3)  A warrant issued pursuant to this section shall
be executed and returned within ten days of its date unless, upon a showing of
a need for additional time, the court orders otherwise.  If property is seized
pursuant to a warrant, a copy shall be given to the person from whom or from
whose premises the property is taken, together with a receipt for the property
taken.  The return of the warrant shall be made promptly, accompanied by a
written inventory of any property taken.  The inventory shall be made in the
presence of the person executing the warrant and of the person from whose
possession or premises the property was taken, if present, or in the presence
of at least one credible person other than the person executing the warrant.  A
copy of the inventory shall be delivered to the person from whom or from whose
premises the property was taken and to the applicant for the warrant; and



(4)  The judge who has issued a warrant shall attach
thereto a copy of the return and all papers returnable in connection therewith
and file them with the clerk of the issuing court.



(b)  The designated representative of the
county may make administrative inspections of premises in accordance with the
following:



(1)  When authorized by an administrative inspection
warrant issued pursuant to subsection (a) the representative, upon presenting
the warrant and appropriate credentials to the owner, operator, or agent in
charge of the premises may enter the premises for the purpose of conducting an
administrative inspection; and



(2)  When authorized by an administrative inspection
warrant, the representative may inspect and copy records identifying the
tenants, lodgers, or boarders of the lodging or tenement house, group home,
group residence, group living arrangement, or boardinghouse.



(c)  This section does not prevent entries or
the inspection without a warrant of property, books, and records pursuant to an
administrative subpoena issued in accordance with law:



(1)  If the owner, operator, or agent in charge of the
provider premises consents;



(2)  In situations presenting imminent danger to
health or safety of the occupants or customers of any lodging or tenement
house, hotel, boardinghouse, or restaurant, or that of the surrounding
community; or



(3)  In all other situations in which a warrant is not
constitutionally required. [L 1987, c 333, pt of §1; am L 1988, c 141, §7; am L
2001, c 35, §2]