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Last modified
6/1/2005 12:41:03 PM
Creation date
11/5/2014 12:24:25 PM
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City Ordinances
Passed
5/2/2005
Ordinance Number
6531
Bill Number
8770
Introdate
4/11/2005
Description
Repealing Chap 8.28 so as to adopt the international property maintenance code, 2003 edition with certain amendments
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<br />(SECTION 104 DUTIES AND <br />POWERS OF THE CODE OFFICIAL) <br /> <br />104.7 Department records: The code official shall keep official records of all business <br />and activities ofthe department specified in the provisions of the code. Such records <br />shall be retained in the official records for the period required for retention of public <br />records. <br /> <br />104.9 Search warrants: <br /> <br />1. A search warrant may be issued by the municipal judge commanding the search of a <br />structure or premises within the territorial jurisdiction ofthe city and the municipal judge <br />to search and seize, or photograph, copy or record any property, structure or premises <br />which are in or used in violation ofthis chapter. <br /> <br />2. The code official or any peace officer may make application for the issuance of a <br />search warrant. The application shall: <br />(1) Be in writing; <br />(2) State the time and date of the making of the application; <br />(3) Identify the structure or premises which are to be searched in sufficient detail <br />and particularity that the code official or peace officer executing the warrant can <br />readily ascertain the structure or premises; <br />(4) Identify the place or thing which is to be searched, in sufficient detail and <br />particularity that the code official or peace officer executing the warrant can <br />readily ascertain what he/she is to search; <br />(5) State facts sufficient to show probable cause for the issuance of a search <br />warrant; <br />(6) Be verified by the oath or affirmation of the applicant; <br />(7) Be filed in municipal court; <br />(8) Be signed by the prosecuting attorney. <br /> <br />3. The application may be supplemented by a written affidavit verified by oath or <br />affirmation. Such affidavit shall be considered in determining whether there is probable <br />cause for the issuance of a search warrant and in filling out any deficiencies in the <br />description of the structure or premises to be searched. Oral testimony shall not be <br />considered. <br /> <br />4. The municipal judge shall hold a non-adversary hearing to determine whether <br />sufficient facts have been stated to justify the issuance of a search warrant. If it appears <br />from the application and any supporting affidavit that there is probable cause to believe <br />that the place or thing subject to search is in or on the structure or premises described, a <br />search warrant will be immediately issued. The warrant shall be issued in the form of an <br />original and two copies. <br /> <br />3 <br />
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