§ 39-3. Inspections by director; when warrants required; right of entry.

The director is authorized and directed to take such actions as are necessary to identify and eliminate rat infestations and to require the correction of conditions contributing to rat infestations.

(a) The director is hereby authorized and empowered to enter onto any property in the county for the purpose of making inspections to determine the existence of a rat infestation. Prior to such inspection, the director shall give notice either orally or in writing of his intention to conduct an inspection and obtain the consent of the owner to the inspection. The director is empowered to enter property for inspection without prior notice where an emergency exists or the property is open to the public.

(b) If the owner refuses to consent to such inspection, the director shall, prior to any entry or inspection, obtain a warrant for such inspection. The warrant shall be obtained by a written application, signed and sworn to by the director, setting forth the purpose of the inspection and the address or location of the dwelling or property to be inspected. When, upon such application, it shall appear to any judge of the circuit court of Montgomery County or to any judge of the district court for Montgomery County or to any commissioner of Montgomery County that there is probable cause to believe that there is a violation of any provision of this chapter, then such judge or commissioner may forthwith issue a warrant directed to the director authorizing him to enter and inspect such property. The warrant shall state that any inspection made thereunder shall be made within thirty (30) calendar days from the date of issuance thereof; and after the expiration of such thirty-day period, the warrant shall be void. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 5; 1981 L.M.C., ch. 4, § 1.)