Extracted standards
6 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Consent effort required
The zoning administrator or his/her agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.
- Daylight hours only
The zoning administrator or his/her agent shall only enter the subject dwelling during daylight business hours and only for the purpose of determining whether violations of the zoning ordinance exist.
- Denial of access violation
It shall be a violation of the zoning ordinance for any owner, managing agent, tenant, occupant or other person, to deny the zoning administrator, or his/her duly authorized agent, access to any dwelling after the zoning administrator, or his duly authorized agent have obtained an inspections warrant from a court of competent jurisdiction and the foregoing notice requirements have been satisfied.
- Inspection warrant affidavit
The zoning administrator or his/her agent shall make an affidavit under oath before a magistrate or court of competent jurisdiction and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his/her agent an inspection warrant to enable the zoning administrator or his/her agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist.
- Inspection warrant authority
The zoning administrator, or his/her duly authorized agent, shall have the authority to apply for the issuance of inspection warrants, as provided by Code of Virginia Code, § 15.2-2286 A.16., for the purpose of enforcing the provisions of this section by inspection of property to determine whether violations of this section exist.
- Notice requirements
If such inspection warrant is issued, the zoning administrator or his/her agent shall make a reasonable effort to notify the owner or tenant of the premises that an inspection will be conducted. That notice must include the date and time period of the inspection. The notices required herein shall include but are not necessarily limited to: 1. Mailing that notice to the last known postal address of the owner(s); and 2. Posting it at the front door of the premises no less than five business days prior to the court hearing and five business days before the day of the inspection as the case may be.
From the ordinance
The zoning administrator, or his/her duly authorized agent, shall have the authority to apply for the issuance of inspection warrants, as provided by Code of Virginia Code, § 15.2-2286 A.16., for the purpose of enforcing the provisions of this section by inspection of property to determine whether violations of this section exist.