SECTIONS 1822.50-1822.60 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1822.50-1822.60

1822.50. An inspection warrant is an order, in writing, in the name
of the people, signed by a judge of a court of record, directed to a
state or local official, commanding him to conduct any inspection
required or authorized by state or local law or regulation relating
to building, fire, safety, plumbing, electrical, health, labor, or
zoning.

1822.51. An inspection warrant shall be issued upon cause, unless
some other provision of state or federal law makes another standard
applicable. An inspection warrant shall be supported by an affidavit,
particularly describing the place, dwelling, structure, premises, or
vehicle to be inspected and the purpose for which the inspection is
made. In addition, the affidavit shall contain either a statement
that consent to inspect has been sought and refused or facts or
circumstances reasonably justifying the failure to seek such consent.

1822.52. Cause shall be deemed to exist if either reasonable
legislative or administrative standards for conducting a routine or
area inspection are satisfied with respect to the particular place,
dwelling, structure, premises, or vehicle, or there is reason to
believe that a condition of nonconformity exists with respect to the
particular place, dwelling, structure, premises, or vehicle.

1822.53. Before issuing an inspection warrant, the judge may
examine on oath the applicant and any other witness, and shall
satisfy himself of the existence of grounds for granting such
application.

1822.54. If the judge is satisfied that the proper standard for
issuance of the warrant has been met, he or she shall issue the
warrant particularly describing each place, dwelling, structure,
premises, or vehicle to be inspected and designating on the warrant
the purpose and limitations of the inspection, including the
limitations required by this title.

1822.55. An inspection warrant shall be effective for the time
specified therein, but not for a period of more than 14 days, unless
extended or renewed by the judge who signed and issued the original
warrant, upon satisfying himself that such extension or renewal is in
the public interest. Such inspection warrant must be executed and
returned to the judge by whom it was issued within the time specified
in the warrant or within the extended or renewed time. After the
expiration of such time, the warrant, unless executed, is void.

1822.56. An inspection pursuant to this warrant may not be made
between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor
in the absence of an owner or occupant of the particular place,
dwelling, structure, premises, or vehicle unless specifically
authorized by the judge upon a showing that such authority is
reasonably necessary to effectuate the purpose of the regulation
being enforced. An inspection pursuant to a warrant shall not be made
by means of forcible entry, except that the judge may expressly
authorize a forcible entry where facts are shown sufficient to create
a reasonable suspicion of a violation of a state or local law or
regulation relating to building, fire, safety, plumbing, electrical,
health, labor, or zoning, which, if such violation existed, would be
an immediate threat to health or safety, or where facts are shown
establishing that reasonable attempts to serve a previous warrant
have been unsuccessful. Where prior consent has been sought and
refused, notice that a warrant has been issued must be given at least
24 hours before the warrant is executed, unless the judge finds that
immediate execution is reasonably necessary in the circumstances
shown.

1822.57. Any person who willfully refuses to permit an inspection
lawfully authorized by warrant issued pursuant to this title is
guilty of a misdemeanor.

1822.58. A warrant may be issued under the requirements of this
title to authorize personnel of the Department of Fish and Game to
conduct inspections of locations where fish, amphibia, or aquatic
plants are held or stored under Division 12 (commencing with Section
15000) of the Fish and Game Code.

1822.59. (a) Notwithstanding the provisions of Section 1822.54, for
purposes of an animal or plant pest or disease eradication effort
pursuant to Division 4 (commencing with Section 5001) or Division 5
(commencing with Section 9101) of the Food and Agricultural Code, the
judge may issue a warrant under the requirements of this title
describing a specified geographic area to be inspected by authorized
personnel of the Department of Food and Agriculture.
(b) A warrant issued pursuant to this section may only authorize
the inspection of the exterior of places, dwellings, structures,
premises or vehicles, and only in areas urban in character. The
warrant shall state the geographical area which it covers and the
purpose of and limitations on the inspection.
(c) A warrant may be issued pursuant to this section whether or
not the property owners in the area have refused to consent to the
inspection. A peace officer may use reasonable force to enter a
property to be inspected if so authorized by the warrant.

1822.60. A warrant may be issued under the requirements of this
title to authorize personnel of the Department of Justice to conduct
inspections as provided in subdivision (a) of Section 19827 of the
Business and Professions Code.