Section 1.07.010 Warrants.

Whenever consent to enter upon property or to inspect any structure on property pursuant to a municipal ordinance is withheld by the person having the lawful right to exclude or deny entry, the city officer or employee having the duty to enter upon the property or conduct the inspection of the structure may apply to the Iowa District Court in and for Woodbury County, pursuant to Iowa Code Section 808.14, for an administrative search warrant. The city officer or employee shall proceed as follows:

1. The City officer or employee having the duty to enter upon property or to conduct the inspection of structures on property shall first request consent from the person having the lawful right to permit or deny entry to the property or structure.

2. In the event that consent is denied or the owner or the person having the lawful right to permit or deny entry onto the property or the structure cannot be located after reasonable attempts have been made the officer or employee, the officer or employee may apply to the Court for an administrative search warrant authorizing entry onto the property or entry into the structure for the purposes of conducting an inspection.

3. It shall be unlawful for the person having the lawful right to permit or deny entry to the property or structure, or for any other person having charge, care, or control of the property or structure to fail or neglect, after presentation of a search warrant, to permit entry therein by the officer or employee. (Ord. 2007-0101)