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05-A Administrative Warrants
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05-A Administrative Warrants
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Last modified
9/12/2012 9:50:58 AM
Creation date
5/6/2002 5:17:36 PM
Metadata
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Template:
AGENDA
Item Number
5-A
AGENDA - Type
ORDINANCE
Description
Administrative Search Warrants
AGENDA - Date
5/13/2002
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(e) Probable cause. No search warrant shall be issued pursuantto this section <br />except on the presentation of evidence of probable cause to believe that a violation or <br />violations are present in the premises sought to be inspected. In determining probable <br />cause, the Municipal Court Judge is not limited to evidence of specific knowledge, <br />but may consider any of the following: <br />(1) The age and general condition of the premises; <br />(2) Previous violations or hazards found present in the premises; <br />(3) The type of premises; <br />(4) The purposes for which the premises are used; and <br />(5) The presence of hazards or violations in the general condition of <br />premises near the premises sought to be inspected. <br />(f) Affidavit required A sworn affidavit setting forth substantial facts towards <br />establishing probable cause shall be filed in every instance in which a search warrant <br />is requested. <br />(g) Contents ofwarrant. A search warrantissued pursuantto this section shall <br />be sufficient if it contains the following requisites: <br />(1) That it run in the name of'The State of Texas; <br />(2) That it identify, as near as may be, the premises to be inspected; <br />(3) That it command a code inspectar to inspectforthwith the premises <br />described; and <br />(4) That it be dated and signed by the Municipal Court Judge. <br />(h) Execution. A code inspectar to whom a search warrant is delivered shall <br />execute it without delay and forthwith return it to the Municipal Court Judge. It must <br />be executed within three (3) days from the time of its issuance, and shall be executed <br />within a shorter period if so directed in the warrant by the Municipal Court Judge. On <br />searching the place ordered to be searched, the code inspector executing the warrant <br />shall present a copy of the warrant to the owner of the place, if he is present on the <br />premises to be searched. If the owner of the place is not present but a person who is <br />present is in possession of the place, the code inspector shall present a copy of the <br />warrant to the person. If neither the owner nor a person in possession of the property <br />is present when the code inspector executes the warrant, the code inspector shall leave <br />a copy of a warrant at the place by affixing it to the front door of the building or <br />Page 4 of 6 <br />
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