ord-05-2025-emergency-administrative-search-warrants.pdf

TOWN COUNCIL OF CENTREVILLE

EMERGENCY ORDINANCE NO. 05-2025

AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE TO ADD A NEW CHAPTER

2 ENTITLED ADMINISTRATIVE SEARCH WARRANTS

WHEREAS, the Town Council of Centreville is authorized by §5-202 of the Local Government Article of the Annotated Code of Maryland to adopt ordinances to assure the good government of the municipality, to preserve the peace and order, to secure person and property from damage and destruction, and to protect the health, comfort, and convenience of residents of the Town of Centreville; and WHEREAS, the Town Council of Centreville desires to amend the Town Code to add a new

Chapter 2

to address the standards and requirements for obtaining administrative search warrants in the Town of Centreville; and WHEREAS, the Town Council finds that this matter pertains to a serious public safety issue related to dangerous buildings that requires immediate action; and WHEREAS, in accordance with Section 209 of the Charter of the Town of Centreville, the Town Council of Centreville finds this to be an emergency ordinance and dispenses with the requirement to

consider this ordinance at multiple Town Council meetings.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville:

Section 1. The

Code of the Town of Centreville is hereby amended to read as follows:

Chapter 2: Administrative Search Warrants

2-1 Administrative Search Warrants;

Right of Entry Administrative Search Warrants; Right of Entry. The Town of Centreville, or its designated code official, may apply to a judge of the District Court or Circuit Court for Queen Anne’s County, for an administrative search warrant to enter any premises to conduct any inspection required or authorized by this Code or other applicable law.

A. The application for an administrative search warrant shall be in writing and sworn to by the applicant and shall particularly describe the place, structure, premises, etc., to be inspected and the nature, scope and purpose of the inspection to be performed by the applicant.

B. A judge of a court referred to in this section may issue the warrant based upon information set forth in subsection A upon a finding that:

(1) The applicant has sought access to the property for the purpose of making an inspection;

and

(a) after requesting, at a reasonable time, that the owner, tenant or other

individual in charge of the property allow the applicant access, the applicant has been denied access to the property; or

(b) after making a reasonable effort the applicant has been unable to locate any

of these individuals;

(2) The Town or its designated code official(s) is authorized by law to make an inspection of

the property for which the warrant is sought; and

(3) Probable cause for the issuance of the warrant has been demonstrated by the

applicant by:

(a) specific evidence of a violation of the Town Code or other applicable law, or

a public nuisance that affects the health, safety and welfare of the Town’s citizens; or

(b) information that the property to be inspected falls within an administrative

inspection program of the Town.

C. An administrative search warrant issued under this section shall specify the place, structure, or premise to be inspected. The inspection conducted may not exceed the limits specified in the warrant.

D. An administrative search warrant issued under this section authorizes the applicant and other designated officials or employees of the Town to enter specified property to perform the inspection, sampling and other functions authorized by law to determine compliance with the provisions of the Code or other law.

E. An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:

(1) The time specified in the warrant, not to exceed thirty (30) days; or

(2) If no time is specified in the warrant, fifteen (15) days from the date of its issuance.

(Language to be deleted from the existing Ordinance is indicated in strikethrough format and language to added is indicated by bold italics underlined text)

Section 2.

If any section, clause, paragraph, sentence or phrase of the Ordinance or the application thereof to any person, property, or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity or unconstitutionality shall in no way affect other provisions or any other application of this Ordinance which can be given effect without the invalid or unconstitutional provision or application, and for this purpose the provisions of this Ordinance are declared severable.

Section 3. This

Ordinance is being passed as an emergency ordinance and shall be effective immediately after its enactment.

ATTEST: THE TOWN COUNCIL OF CENTREVILLE

R. Gaye Adams Ashley Heffernan Kaiser, Esq., President Town Clerk First Reading: Jeffrey D. Kiel, Vice President Second Reading:

Enacted:

Effective:

Daniel B. Worth, Member Jim A. Beauchamp, Member Sandra Lee Huffer, Member