Zoning Warrant Ordinance Text

Proposed Zoning Warrant Ordinance Text

Section 35.1-20.1. Inspection Warrants.
As provided by Section 15.2-2286(15) of the Code of Virginia, for the purpose of enforcing the provisions of this chapter, the zoning administrator, or his duly authorized agent, shall have the authority to apply for the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The zoning administrator or his agent may present sworn testimony to a magistrate or court or competent jurisdiction and if such sworn testimony establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator of his agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator or his 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, 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 duly authorized agent, access to any dwelling after the zoning administrator, or his duly authorized agent have obtained an inspection warrant from a magistrate or a court of competent jurisdiction.

1. What is considered probable cause, and if they have sworn testimony, why would it not hold up in actual cort for prosecution of said suspected zoning violations?

2. What would they possibly find that would be considered evidence that said zoning violation was in fact a violation and how would it show guilt? (vague)

3. What is considered reasonable effort and where is the prohibition of kicking in doors? (vague and no prohibition of kicking in doors or of staging searches at night)

4. What owner or tenant is going to consent to something that might be used to show their guilt but certainly won’t be used to show their innocence? (5th Amendment)

5. If you don’t let us in, then we’ll say you’re automatically guilty of violating this zoning ordinance and then we’ll come in anyways and still try and prove you’re guilty of whatever ordinance we think you’re breaking but have no proof of or else we wouldn’t need the warrant.