HomeMy WebLinkAboutItem 01 Discussion Regarding Creation of an Administrative Inspection Warrant to Assist with Enforcement of the Springfield Municipal CodeAGENDA ITEM SUMMARY Meeting Date: 12/5/2016 Meeting Type: Regular Meeting
Staff Contact/Dept.: Kristina Kraaz, CAO
Anette Spickard, DPW Staff Phone No: 541-726-3697
Estimated Time: 30 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Promote and Enhance our Hometown Feel while Focusing on Livability and
Environmental Quality ITEM TITLE: DISCUSSION REGARDING CREATION OF AN ADMINISTRATIVE INSPECTION
WARRANT TO ASSIST WITH ENFORCEMENT OF THE SPRINGFIELD MUNICIPAL CODE
ACTION REQUESTED:
Staff requests Council discussion and input on the creation of an administrative inspection warrant as a tool to assist in the enforcement of the Municipal Code.
ISSUE STATEMENT:
The City lacks a provision in the Municipal Code to allow staff to request an administrative inspection warrant from the Municipal Court to aid in the collection of evidence necessary for code enforcement
actions.
ATTACHMENTS: 1. Proposed Municipal Code Language
DISCUSSION:
Administrative warrants are a useful tool for code enforcement in many different areas – illicit discharge, Land Drainage Alteration Permits, building safety code enforcement, nuisance code, and development code
enforcement. Administrative warrants are a common tool used in cities across the country and the standard for the Municipal Court to grant these warrants is firmly rooted in established Supreme Court case law.
The tool can also be used in collaboration with the existing Chronic Nuisance Property code administered by
the Police Department. The City already has authority to immediately enter onto private property without a warrant in the case of an emergency or for an immediate public health and safety risk without any code
amendments. Adopting an administrative inspection warrant provision into the Municipal Code will provide a specific standard and criteria to allow the City to seek Court approval to gather necessary evidence for a
code enforcement action absent such emergencies.
If Council directs, staff will draft the necessary Ordinance and will schedule the public hearing and reading process to occur when Council returns from winter recess. Staff will also contact the Municipal Court to
discuss the implementation of the new code if it is adopted by Council at the end of the public hearing and reading process.
Administrative Inspections – DRAFT – 11/28/16
5.630 Access to property for inspections; Administrative Inspection Warrants
(1) The city manager or designee may enter any property, including interior of structures, at all
reasonable times with permission of the property owner or person in possession of property,
whenever an inspection is necessary to effectuate the purposes and public benefits of this
code or the Springfield Development Code or whenever the city manager or designee has
reasonable cause to believe that there exists in any structure or upon any property any
condition which constitutes a violation of a statute, ordinance, regulation, rule, standard or
order.
(2) When permission is not given by the property owner or person in possession of the property
under subsection (1) of this section, the city manager or designee is authorized to obtain an
administrative inspection warrant in accordance with SMC section 5.632 through 5.636.
(3) An “administrative inspection warrant” is an order authorizing the city manager or designee
to conduct an inspection or investigation at a designated building or property.
5.632 Grounds for Issuance of an Administrative Inspection Warrant
(1) Affidavit. An administrative inspection warrant shall be issued only upon cause, supported
by affidavit, particularly describing:
a. The applicant’s status in applying for the warrant;
b. The ordinance or regulation requiring or authorizing the inspection or investigation;
c. The building or property to be inspected or investigated;
d. The purpose for which the inspection or investigation is to be made including the
basis upon which cause exists to inspect; and
e. A statement that entry has been sought and refused, or facts or circumstances
reasonably showing that the purposes of the inspection or investigation might be
frustrated if entry were sought without an inspection warrant.
(2) Cause. Cause to inspect or investigate shall be deemed to exist if the city manager or
designee has complied with the applicable reasonable legislative or administrative standards
for conducting a routine, periodic, or area inspection of the particular building or property;
or if there is probable cause to believe that a condition of nonconformity with a health or
safety statute, ordinance, regulation, rule, standard or order exists with respect to the
particular building or property.
Attachment 1, Page 1 of 2
5.634 Procedure for Issuance of an Administrative Inspection Warrant
(1) Examination. Before issuing an administrative inspection warrant, the judge shall review
the affidavit and any attached material, and may examine the applicant, affiant, and any
other witness under oath and shall be satisfied of the existence of grounds for granting such
application.
(2) Issuance. If the judge is satisfied that cause for the inspection or investigation exists and
that the requirements for granting the application are satisfied, the judge shall issue the
administrative inspection warrant. The warrant shall particularly describe the person or
persons authorized to execute the warrant, the building or property to be entered and the
purpose of the inspection or investigation. The warrant shall contain a direction that it be
executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where
the judge has specially determined upon a showing that it cannot be effectively executed
between those hours, that it be executed at any additional or other time of the day or night.
5.636 Execution of Administrative Inspection Warrant
(1) Except as provided in subsection (2) of this section, in executing an administrative
inspection warrant, the person authorized to execute the warrant shall, before entry, make
a reasonable effort to present the person's credentials, authority, and purpose to an
occupant or person in possession of the building or property designated in the warrant and
present the warrant or a copy thereof.
(2) In executing an administrative inspection warrant, the person authorized to execute the
warrant need not inform anyone of the person’s authority and purpose, as prescribed in
subsection (1) of this section, but may promptly enter the designated building or property if
it is at the time unoccupied or not in the possession of any person, or at the time
reasonably believed to be in such condition. In such case, a copy of the inspection warrant
shall be conspicuously posted on the property.
(3) A peace officer, as defined in ORS 161.015(4), may be requested to assist in the execution
of the administrative inspection warrant.
(4) An administrative inspection warrant must be executed within 14 days of its issue and
returned to the judge by whom it was issued within 14 days from its date of execution,
unless before the expiration of such time, the judge by order extends the time for up to 5
days. After the expiration of the time prescribed by this subsection, the warrant is void
unless executed.
5.638 Emergency Inspection without Warrant
Nothing in SMC section 5.630 through 5.636 prohibit an inspection without an administrative
inspection warrant in an emergency where immediate access is necessary to protect public
health, safety, or welfare.
Attachment 1, Page 2 of 2