Update Hermiston Code of Ordinances to add Chapter 139 Administrative Warrants.

In the overall review of the City Code, our outside legal counsel recommended that we add a chapter for administrative warrants that will allow city staff to obtain an administrative warrant.

The process for seeking one of these warrants is as follows:

• Seek City Manager or Police Chief approval to apply for the warrant.
• Apply to court of competent jurisdiction 
• Application includes:
  • the nature of the warrant sought, and action sought to be authorized;
  • in the case of an abatement or demolition warrant, the information also shall include a description of the work to be performed and the estimated time to complete performance;
  • the violator’s employment background, experience and authority;
  • a description of the property sought to be entered onto, seized, abated or demolished;
  • the Code provision, permit or other law alleged to have been violated or otherwise supporting issuance of the warrant together with facts, information and belief demonstrating cause for issuance of the warrant; and
  • a statement that consent to entry or other action has been sought but not obtained, or facts or circumstances reasonably showing the purpose of the warrant might be frustrated if consent was sought.

The following are council options:

• Adopt Chapter 139 as presented.
• Amend Chapter 139 and adopt it.
• Direct staff to research further amendments and bring back to the council in the future.