Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can't be obtained). Does anyone have a good form search warrant for such an issue that they'd be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
City Attorneyhttps://www.muskogeeonline.org/departments/legal/index.php
City of Muskogeehttp://www.cityofmuskogee.org/
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8A110.CC2C3EB0]https://www.cityofmuskogee.org/
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
City Attorney
City of Muskogee
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
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This is what I told the OCEA in 2021. And our presiding municipal court judge said he would sign an administrative search warrant.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
City Attorneyhttps://www.muskogeeonline.org/departments/legal/index.php
City of Muskogeehttp://www.cityofmuskogee.org/
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8A110.CC2C3EB0]https://www.cityofmuskogee.org/
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I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=76141, for courts not of record provides:
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
And for courts of record, 11 O.S. Section 28‑104https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=76168 provides:
A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
City Attorneyhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.muskogeeonline.org%2Fdepartments%2Flegal%2Findex.php&data=05%7C01%7Cpatrickboulden%40tulsacouncil.org%7C02bc375a40064d05061908da8ad7c401%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637974956566580750%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=q56X7JHT7c3VpbcRm7j50TzXKcZys1oP10odpgMbZJ0%3D&reserved=0
City of Muskogeehttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityofmuskogee.org%2F&data=05%7C01%7Cpatrickboulden%40tulsacouncil.org%7C02bc375a40064d05061908da8ad7c401%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637974956566580750%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ZtYbIw1Nadss9jIxhfw5TYyxsNqvlIlM3fHY6%2FMX0RM%3D&reserved=0
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8BC9F.6C052C90]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cityofmuskogee.org%2F&data=05%7C01%7Cpatrickboulden%40tulsacouncil.org%7C02bc375a40064d05061908da8ad7c401%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637974956566580750%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=pFyKlzbEaVHIjovsEFH3BzayeSWUIJhd1vBPHuUU0tg%3D&reserved=0
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We do, too, as to courts of record. No opinion on courts not of record, but the statutory word looks similar. Orval Jones is the authority and has done education sessions for code enforcement inspectors.
From: Boulden, Patrick patrickboulden@tulsacouncil.org
Sent: Tuesday, August 30, 2022 6:41:02 PM
To: 'rayvincent@coxinet.net' rayvincent@coxinet.net; Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76141&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Dr%2Bc%2FfBts%2BaQ%2BDf50W33C9hRH2grTybIh9z7DvxMWmE%3D&reserved=0, for courts not of record provides:
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
And for courts of record, 11 O.S. Section 28‑104https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76168&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=qcbmS2beWxPVV1HkTwK%2FMqZh7stV%2FxD8J7mbg8fc%2FUA%3D&reserved=0 provides:
A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8BC9F.6C052C90]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cityofmuskogee.org%2F&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cKlqnwTVZLF5vIN8v1RY9ZkKEVdOgXxgkJXPoGtdbEA%3D&reserved=0
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We have had our municipal judge issue administrative search warrants (or at least one) – municipal court not of record. I see if I can find the form and share with you, Roy.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
From: Jordan, Kenneth kenneth.jordan@okc.gov
Sent: Tuesday, August 30, 2022 10:42 PM
To: Boulden, Patrick patrickboulden@tulsacouncil.org; 'rayvincent@coxinet.net' rayvincent@coxinet.net; Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org; Richard, Cindy L cindy.richard@okc.gov; Jones, Orval E orval.jones@okc.gov
Subject: [Oama] Re: Administrative Code Enforcement Warrant
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
We do, too, as to courts of record. No opinion on courts not of record, but the statutory word looks similar. Orval Jones is the authority and has done education sessions for code enforcement inspectors.
From: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>
Sent: Tuesday, August 30, 2022 6:41:02 PM
To: 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Administrative Code Enforcement Warrant
I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76141&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Dr%2Bc%2FfBts%2BaQ%2BDf50W33C9hRH2grTybIh9z7DvxMWmE%3D&reserved=0, for courts not of record provides:
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
And for courts of record, 11 O.S. Section 28‑104https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76168&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=qcbmS2beWxPVV1HkTwK%2FMqZh7stV%2FxD8J7mbg8fc%2FUA%3D&reserved=0 provides:
A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8BD26.A5A63610]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cityofmuskogee.org%2F&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cKlqnwTVZLF5vIN8v1RY9ZkKEVdOgXxgkJXPoGtdbEA%3D&reserved=0
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I would appreciate receiving that form as well, Teresa. This has been a question for Mustang.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Teresa Nowlin tnowlin@jenksok.org
Sent: Wednesday, August 31, 2022 10:45 AM
To: Jordan, Kenneth kenneth.jordan@okc.gov; Boulden, Patrick patrickboulden@tulsacouncil.org; 'rayvincent@coxinet.net' rayvincent@coxinet.net; Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org; Richard, Cindy L cindy.richard@okc.gov; Jones, Orval E orval.jones@okc.gov
Subject: [Oama] Re: Administrative Code Enforcement Warrant
We have had our municipal judge issue administrative search warrants (or at least one) – municipal court not of record. I see if I can find the form and share with you, Roy.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
From: Jordan, Kenneth <kenneth.jordan@okc.govmailto:kenneth.jordan@okc.gov>
Sent: Tuesday, August 30, 2022 10:42 PM
To: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>; 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org; Richard, Cindy L <cindy.richard@okc.govmailto:cindy.richard@okc.gov>; Jones, Orval E <orval.jones@okc.govmailto:orval.jones@okc.gov>
Subject: [Oama] Re: Administrative Code Enforcement Warrant
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
We do, too, as to courts of record. No opinion on courts not of record, but the statutory word looks similar. Orval Jones is the authority and has done education sessions for code enforcement inspectors.
From: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>
Sent: Tuesday, August 30, 2022 6:41:02 PM
To: 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Administrative Code Enforcement Warrant
I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113https://us-west-2.protection.sophos.com?d=outlook.com&u=aHR0cHM6Ly9nY2MwMi5zYWZlbGlua3MucHJvdGVjdGlvbi5vdXRsb29rLmNvbS8_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&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=Mm9Fbll3VzR3WVJTT0pHcXp0d3NpamFjb0gwNFdHb1B3VWp6T1JwV2hsRT0=&h=dc8a64725da443bd9b5c92f93bf13745, for courts not of record provides:
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8BD27.B2DFB850]https://us-west-2.protection.sophos.com?d=outlook.com&u=aHR0cHM6Ly9nY2MwMi5zYWZlbGlua3MucHJvdGVjdGlvbi5vdXRsb29rLmNvbS8_dXJsPWh0dHBzJTNBJTJGJTJGd3d3LmNpdHlvZm11c2tvZ2VlLm9yZyUyRiZkYXRhPTA1JTdDMDElN0NrZW5uZXRoLmpvcmRhbiU0MG9rYy5nb3YlN0MxZGU2Yzc4NTc2MDI0NWRkMDgwMTA4ZGE4YWUxMmVmOSU3QzgzN2UwZDk3ZGQ5ZDRkMDA5N2U2ODhmMDVhMzJlZTU5JTdDMCU3QzAlN0M2Mzc5NzQ5OTcwMjM4NTI5MTglN0NVbmtub3duJTdDVFdGcGJHWnNiM2Q4ZXlKV0lqb2lNQzR3TGpBd01EQWlMQ0pRSWpvaVYybHVNeklpTENKQlRpSTZJazFoYVd3aUxDSlhWQ0k2TW4wJTNEJTdDMzAwMCU3QyU3QyU3QyZzZGF0YT1jS2xxbndUVlpMRjV2SU44djFSWTlaa0tFVmRPZ1h4Z2tKWFBvR3RkYkVBJTNEJnJlc2VydmVkPTA=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=bTl4Slp5UkN5NFJsRFJsQ3ZHQ0VlTlEyaDhYU1U2U3p5VGRGeDBIVXVMRT0=&h=dc8a64725da443bd9b5c92f93bf13745
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Teresa,
It also looks like you have an ordinance in Jenks allowing it, so I’m probably going to steal Jenks’ language for our own ordinance. Your code also tells me the appropriate legal standard – which was going to be my follow up question.
For the benefit of the group, here’s the language Jenks has in their municode.
Many thanks!
Sec. 13-1-35. Right of Entry.
(A) Upon sworn affidavit and probable cause being shown that a nuisance exists, the Judge of the Municipal Court may issue a search warrant authorizing the chief of police, chief of the fire department, fire marshal, Building Inspector, Electrical Inspector, health officer, City Manager, or any person acting under orders from the named officers, to have the authority to enter into and upon, and examine at any and all times, all buildings, lots and places of all description within the corporate limits of the City of Jenks for the purpose of ascertaining the condition thereof. Said City of Jenks chief of police, chief of the fire department, fire marshal, Plumbing Inspector, Electrical Inspector, Building Inspector, health officer, or City Manager, shall have, and they are hereby vested with, the power, jurisdiction and authority to give all such directions and adopt all such measures for rectifying or correcting any condition which may be a nuisance hereunder prior to the institution of proceedings for the abatement, removal or prevention of same; and where said condition is voluntarily removed, abated or prevented, as directed by the said city officials, no formal proceedings for abatement, prevention or removal of same shall be necessary.
(Code 1972, § 6-28)
From: Teresa Nowlin tnowlin@jenksok.org
Sent: Wednesday, August 31, 2022 10:45 AM
To: Jordan, Kenneth kenneth.jordan@okc.gov; Boulden, Patrick patrickboulden@tulsacouncil.org; 'rayvincent@coxinet.net' rayvincent@coxinet.net; Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org; Richard, Cindy L cindy.richard@okc.gov; Jones, Orval E orval.jones@okc.gov
Subject: RE: [Oama] Re: Administrative Code Enforcement Warrant
We have had our municipal judge issue administrative search warrants (or at least one) – municipal court not of record. I see if I can find the form and share with you, Roy.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
From: Jordan, Kenneth <kenneth.jordan@okc.govmailto:kenneth.jordan@okc.gov>
Sent: Tuesday, August 30, 2022 10:42 PM
To: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>; 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org; Richard, Cindy L <cindy.richard@okc.govmailto:cindy.richard@okc.gov>; Jones, Orval E <orval.jones@okc.govmailto:orval.jones@okc.gov>
Subject: [Oama] Re: Administrative Code Enforcement Warrant
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
We do, too, as to courts of record. No opinion on courts not of record, but the statutory word looks similar. Orval Jones is the authority and has done education sessions for code enforcement inspectors.
From: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>
Sent: Tuesday, August 30, 2022 6:41:02 PM
To: 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Administrative Code Enforcement Warrant
I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76141&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Dr%2Bc%2FfBts%2BaQ%2BDf50W33C9hRH2grTybIh9z7DvxMWmE%3D&reserved=0, for courts not of record provides:
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
And for courts of record, 11 O.S. Section 28‑104https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76168&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=qcbmS2beWxPVV1HkTwK%2FMqZh7stV%2FxD8J7mbg8fc%2FUA%3D&reserved=0 provides:
A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8BD29.5A1EB3E0]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cityofmuskogee.org%2F&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cKlqnwTVZLF5vIN8v1RY9ZkKEVdOgXxgkJXPoGtdbEA%3D&reserved=0
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For Courts not of Record the language is:
Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer.
So can the clerk issue a search warrant?
And what is a proper officer? Does it mean code enforcement officer, building inspector, health officer, etc?
And who will prepare the pc affidavit requesting a search warrant? The building inspector?
22 OS Section 1225
A. If a magistrate be thereupon satisfied of the existence of grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him, with his name of office, to a peace officer of this state, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate, and also to arrest the person in whose possession the same may be found, to be dealt with according to law.
22 OS 1227
A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer, on his requiring it, he being present, and acting in its execution.
Ray
From: Roy D. Tucker
Sent: Wednesday, August 31, 2022 11:03 AM
To: Teresa Nowlin ; Jordan, Kenneth ; Boulden, Patrick ; 'rayvincent@coxinet.net' ; OAMA@lists.imla.org ; Richard, Cindy L ; Jones, Orval E
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Teresa,
It also looks like you have an ordinance in Jenks allowing it, so I’m probably going to steal Jenks’ language for our own ordinance. Your code also tells me the appropriate legal standard – which was going to be my follow up question.
For the benefit of the group, here’s the language Jenks has in their municode.
Many thanks!
Sec. 13-1-35. Right of Entry.
(A) Upon sworn affidavit and probable cause being shown that a nuisance exists, the Judge of the Municipal Court may issue a search warrant authorizing the chief of police, chief of the fire department, fire marshal, Building Inspector, Electrical Inspector, health officer, City Manager, or any person acting under orders from the named officers, to have the authority to enter into and upon, and examine at any and all times, all buildings, lots and places of all description within the corporate limits of the City of Jenks for the purpose of ascertaining the condition thereof. Said City of Jenks chief of police, chief of the fire department, fire marshal, Plumbing Inspector, Electrical Inspector, Building Inspector, health officer, or City Manager, shall have, and they are hereby vested with, the power, jurisdiction and authority to give all such directions and adopt all such measures for rectifying or correcting any condition which may be a nuisance hereunder prior to the institution of proceedings for the abatement, removal or prevention of same; and where said condition is voluntarily removed, abated or prevented, as directed by the said city officials, no formal proceedings for abatement, prevention or removal of same shall be necessary.
(Code 1972, § 6-28)
From: Teresa Nowlin tnowlin@jenksok.org
Sent: Wednesday, August 31, 2022 10:45 AM
To: Jordan, Kenneth kenneth.jordan@okc.gov; Boulden, Patrick patrickboulden@tulsacouncil.org; 'rayvincent@coxinet.net' rayvincent@coxinet.net; Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org; Richard, Cindy L cindy.richard@okc.gov; Jones, Orval E orval.jones@okc.gov
Subject: RE: [Oama] Re: Administrative Code Enforcement Warrant
We have had our municipal judge issue administrative search warrants (or at least one) – municipal court not of record. I see if I can find the form and share with you, Roy.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
From: Jordan, Kenneth kenneth.jordan@okc.gov
Sent: Tuesday, August 30, 2022 10:42 PM
To: Boulden, Patrick patrickboulden@tulsacouncil.org; 'rayvincent@coxinet.net' rayvincent@coxinet.net; Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org; Richard, Cindy L cindy.richard@okc.gov; Jones, Orval E orval.jones@okc.gov
Subject: [Oama] Re: Administrative Code Enforcement Warrant
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
We do, too, as to courts of record. No opinion on courts not of record, but the statutory word looks similar. Orval Jones is the authority and has done education sessions for code enforcement inspectors.
From: Boulden, Patrick patrickboulden@tulsacouncil.org
Sent: Tuesday, August 30, 2022 6:41:02 PM
To: 'rayvincent@coxinet.net' rayvincent@coxinet.net; Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113, for courts not of record provides:
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
And for courts of record, 11 O.S. Section 28‑104 provides:
A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker RTucker@muskogeeonline.org; OAMA@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
City Attorney
City of Muskogee
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
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Thank you for this thread, I am going to throw a wrench – what about Indian Country? Do we have authority to enter into a native home?
Lou Ann Moudy
P.O. Box 266, Henryetta, OK 74437
(918) 652-3328
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From: Roy D. Tucker [mailto:RTucker@muskogeeonline.org]
Sent: Wednesday, August 31, 2022 11:04 AM
To: Teresa Nowlin tnowlin@jenksok.org; Jordan, Kenneth kenneth.jordan@okc.gov; Boulden, Patrick patrickboulden@tulsacouncil.org; 'rayvincent@coxinet.net' rayvincent@coxinet.net; OAMA@lists.imla.org; Richard, Cindy L cindy.richard@okc.gov; Jones, Orval E orval.jones@okc.gov
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Teresa,
It also looks like you have an ordinance in Jenks allowing it, so I’m probably going to steal Jenks’ language for our own ordinance. Your code also tells me the appropriate legal standard – which was going to be my follow up question.
For the benefit of the group, here’s the language Jenks has in their municode.
Many thanks!
Sec. 13-1-35. Right of Entry.
(A) Upon sworn affidavit and probable cause being shown that a nuisance exists, the Judge of the Municipal Court may issue a search warrant authorizing the chief of police, chief of the fire department, fire marshal, Building Inspector, Electrical Inspector, health officer, City Manager, or any person acting under orders from the named officers, to have the authority to enter into and upon, and examine at any and all times, all buildings, lots and places of all description within the corporate limits of the City of Jenks for the purpose of ascertaining the condition thereof. Said City of Jenks chief of police, chief of the fire department, fire marshal, Plumbing Inspector, Electrical Inspector, Building Inspector, health officer, or City Manager, shall have, and they are hereby vested with, the power, jurisdiction and authority to give all such directions and adopt all such measures for rectifying or correcting any condition which may be a nuisance hereunder prior to the institution of proceedings for the abatement, removal or prevention of same; and where said condition is voluntarily removed, abated or prevented, as directed by the said city officials, no formal proceedings for abatement, prevention or removal of same shall be necessary.
(Code 1972, § 6-28)
From: Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>
Sent: Wednesday, August 31, 2022 10:45 AM
To: Jordan, Kenneth <kenneth.jordan@okc.govmailto:kenneth.jordan@okc.gov>; Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>; 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org; Richard, Cindy L <cindy.richard@okc.govmailto:cindy.richard@okc.gov>; Jones, Orval E <orval.jones@okc.govmailto:orval.jones@okc.gov>
Subject: RE: [Oama] Re: Administrative Code Enforcement Warrant
We have had our municipal judge issue administrative search warrants (or at least one) – municipal court not of record. I see if I can find the form and share with you, Roy.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
From: Jordan, Kenneth <kenneth.jordan@okc.govmailto:kenneth.jordan@okc.gov>
Sent: Tuesday, August 30, 2022 10:42 PM
To: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>; 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org; Richard, Cindy L <cindy.richard@okc.govmailto:cindy.richard@okc.gov>; Jones, Orval E <orval.jones@okc.govmailto:orval.jones@okc.gov>
Subject: [Oama] Re: Administrative Code Enforcement Warrant
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We do, too, as to courts of record. No opinion on courts not of record, but the statutory word looks similar. Orval Jones is the authority and has done education sessions for code enforcement inspectors.
From: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>
Sent: Tuesday, August 30, 2022 6:41:02 PM
To: 'rayvincent@coxinet.net' <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Administrative Code Enforcement Warrant
I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76141&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Dr%2Bc%2FfBts%2BaQ%2BDf50W33C9hRH2grTybIh9z7DvxMWmE%3D&reserved=0, for courts not of record provides:
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
And for courts of record, 11 O.S. Section 28‑104https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2Foscn%2FDeliverDocument.asp%3FCiteID%3D76168&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=qcbmS2beWxPVV1HkTwK%2FMqZh7stV%2FxD8J7mbg8fc%2FUA%3D&reserved=0 provides:
A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Tuesday, August 30, 2022 5:32 PM
To: Roy D. Tucker <RTucker@muskogeeonline.orgmailto:RTucker@muskogeeonline.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Re: Administrative Code Enforcement Warrant
Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn.
Ray
From: Roy D. Tucker
Sent: Tuesday, August 30, 2022 4:59 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Administrative Code Enforcement Warrant
Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share?
For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance).
Thanks in advance.
Roy
Roy D. Tucker
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8BD2E.986B3E20]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cityofmuskogee.org%2F&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C1de6c785760245dd080108da8ae12ef9%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637974997023852918%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cKlqnwTVZLF5vIN8v1RY9ZkKEVdOgXxgkJXPoGtdbEA%3D&reserved=0
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