Skip to main content
Loading…
This section is included in your selections.

A. The City Attorney or City Prosecuting Attorney may request that a District Court or Superior Court of competent jurisdiction issue an administrative search warrant. The request shall be supported by an affidavit of a designated officer or employee having knowledge of the facts sworn to before the judge and establishing the grounds for issuing the warrant.

B. If the judge finds that the affidavit given upon proper oath or affirmation shows probable cause, the judge may issue administrative warrants for the purpose of conducting administrative inspections or gathering of evidence. The warrant may be issued where the affidavit shows probable cause (a) that properties or buildings in the area to be searched may violate one or more of the provisions listed in RMC 1.14.030.A, Applicability; (b) that it is necessary to enforce a right of entry to conduct studies or inspect work to ensure compliance with state law, the Redmond Zoning Code, or this chapter and that the right of entry is granted by state law, the Redmond Zoning Code, or this chapter; (c) it is necessary to allow the inspection of buildings after a natural or human caused mishap or disaster to determine if buildings are safe to occupy; or (d) a civil or criminal violation has taken place on the property for which the warrant is sought and the City will enter the property and correct the violation.

C. The warrant shall:

1. State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the warrant.

2. Be directed to the Code Compliance Officer or a person authorized by the Code Compliance Officer to execute it.

3. Command the person to whom it is directed to inspect the area, premises, or building identified for the purpose specified and the evidence that may be gathered.

4. Direct that it be served during normal business hours and designate the judge to whom it shall be returned.

Four copies of the proposed warrant shall be presented. If issued, one copy shall be left with the court, one copy left on the premises searched, one copy returned with any receipt(s), and one copy retained by the Code Compliance Officer. The judge issuing the warrant shall sign all copies.

D. A warrant issued under 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 evidence is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the evidence is taken, together with a receipt for the evidence taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any evidence taken. The inventory shall be made on the premises the property was taken, if people are 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.

E. 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 court in which the inspection was made. (Ord. 2596 § 2 (part), 2011; Ord. 1935 § 16, 1997).