39-18 - Eliminating warrantless searches

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other party who refuses the right of entry granted to the Building Commissioner hereunder until a search warrant is obtained. (2) If the owner or occupant does not consent to the proposed inspection, the Building Commissioner may appear before any judge in a court of competent ju- risdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the non - consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this Code. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued: A. eyewitness account of violation; B. citizen complaints; C. tenant complaints; D. plain view violations; E. violations apparent from city records; F. property deterioration; G. age of property; H. nature of alleged violation; I. condition of similar properties in the area; J. documented violations on similar properties in the area; K. passage of time since last inspection; and L. previous violations on the property. (d) If a warrant is issued, no owner or occupant shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the Building Com- missioner for the purpose of conducting an inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the inspection may still take place but the scope thereof shall be limited to such areas as are in plain view. Section 3. Section 1306.53, Furnishing Certificate to Purchaser of Multiple Dwellings /Cer- tificate to Purchaser of One or More Rental Units, of the Codified Ordinances of the City of Lake- wood, currently reading as follows: 1306.53 FURNISHING CERTIFICATE TO PURCHASER OF MULTIPLE DWELLINGS /CERTIFICATE TO PURCHASER OF ONE OR MORE RENTAL UNITS. (a) Whoever sells, conveys, leases or otherwise transfer an interest in real prop- erty, which has situated thereon a rental dwelling structure, shall secure a Certifi- cate of Occupancy f orn the Building Commissioner and shall furnish said Certif- icate to the purchaser, lessee or transferee prior to the execution of the land con- tract or the delivery of the deed, lease or conveyance. Whoever sells, conveys, or otherwise transfers an interest in any structure, which has situated thereon any rental dwelling unit or dwelling unit that has been rented or leased to any person within the 24 months preceding the conveyance or transfer, shall secure a Certif- icate of Occupancy from the Building Commissioner and shall furnish said Cer- tificate to the purchaser or transferee prior to the recording of the land contract or the delivery of the deed or conveyance, whichever shall first occur. (b) This section shall have no application to lawful one and two family struc- tures or condominium units occupied by the owner as the owner's principal resi- dence at the time of the conveyance or transfer and for the 24 months preceding the conveyance or transfer. (c) Whoever fails to comply with the provisions of this Section shall be guilty of a misdemeanor of the first degree.