2.50.230 Obtaining a corrective action warrant.
A. Every warrant authorized by this section must be supported by affidavit or sworn testimony establishing probable cause to believe that a code violation has occurred, describing:
1. The applicant’s status in applying for the warrant;
2. The premises to be entered;
3. A statement of the violation to be corrected;
4. The ordinance or regulation requiring or authorizing the corrective action;
5. The basis for taking the corrective action;
6. A statement that consent to enter onto the property to correct the violation has been unsuccessfully sought from a responsible person or other facts and circumstances that reasonably justify the failure to seek or inability to obtain such consent.
B. Probable cause to issue a warrant will be found when:
1. There is reasonable belief that a code violation exists with respect to the premises;
2. The city has complied with the notice requirements set forth in Section 2.50.120; and
3. The time period for the owner or other responsible person to correct the violation has passed.
C. The court may, before issuing a corrective action warrant, examine the applicant and any other witness under oath and must be satisfied of the existence of grounds for granting such application. If the court is satisfied that cause for correcting the violation(s) exists and that the other requirements for granting the application are satisfied, the court must issue the corrective action warrant, particularly describing the person or persons authorized to execute the warrant, the premises to be entered, and a statement of the general corrective actions that may be taken.
D. In issuing a corrective action warrant, the court may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described premises to remove any person or obstacle and to assist a compliance officer in any way necessary to enter the premises to correct the violation. (Ord. 5078 §1 (Exh. 1 (part)), 2019).