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

Other April 4, 2025 · 2 page(s)

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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