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District of Columbia Code Division I. Government of District. § 8-1554. Entry and administrative warrant procedures.

Current as of January 01, 2024 | Updated by Findlaw Staff

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(a) For the purpose of conducting any of the authorized actions in § 8-1553, the Mayor may enter upon and into any building, facility, establishment, or property during all reasonable hours;  provided, that if an owner or tenant of the building, facility, establishment, or property does not give permission to enter that portion of the premises under the tenant or owner's exclusive control, the Mayor shall not enter that portion of the premises unless the Mayor has:

(1) A valid administrative search warrant issued pursuant to subsection (c) of this section that permits the entry for the prescribed action;  or

(2) A reasonable basis to believe that exigent circumstances require immediate entry into that portion of the premises to prevent an immediate threat to the health, safety, welfare, or property of individuals or the public.

(b) The Mayor may apply to a judge of the District of Columbia for an administrative search warrant to enter any premises for any action authorized by § 8-1553.

(c) A judge may issue the warrant if the judge finds that:

(1) The Mayor is authorized or required by law to conduct the described action;

(2) The Mayor has demonstrated that the action is sought as a result of:

(A) Evidence of an existing violation of this chapter or a rule issued pursuant to this chapter;  or

(B) A general and neutral administrative plan to conduct periodic inspections or examinations relating to the issuance or renewal of a license, certification, or registration under § 8-1552(b) or (c), or § 8-1552(d) if licensure, certification, or registration is required by the Mayor through rulemaking;

(3) The owner, tenant, or other individual in charge of the property has denied access to the property, or, after making a reasonable effort, the Mayor has been unable to contact any of these individuals;  and

(4) The action is sought to protect the health, safety, welfare, or property of individuals or the public.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 8-1554. Entry and administrative warrant procedures. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-8-1554/

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