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2. Residential Property. Unless the property owner, occupant, possessor, or other authorized
agent consents to the entry, inspection or search of a residential premises before the premises are
entered, inspected or searched, an administrative warrant shall be obtained as provided in Section
5. Provided, however, that entry, inspection or searches may be conducted due to exigent
circumstances, which may include a fire or abandoned lot or property (as defined).
3. Commercial Property open to the public. An administrative search warrant is not required to
enter, inspect or search a commercial property open to the general public.
4. Commercial Property not open to the public. Unless the property owner, occupant, possessor,
or other authorized agent consents to the entry, inspection or search of a commercial property not
open to the public, an administrative warrant shall be obtained as provided in Section 5. Provided,
however, that entry, inspection or searches may be conducted due to exigent circumstances, which
may include a fire or abandoned lot or property (as defined).
5. Application for Administrative Search Warrant and Authorization. The following process
shall be followed in seeking an Administrative Search Warrant.
a. Affiant. The Commissioner of Licenses and Inspections or any other authorized code
officer may file an Application for Administrative Search Warrant and Authorization. The name
of the Affiant, identification number, Agency name, address and telephone number shall be set
forth in the Application.
b. Property to be entered, inspected or searched. The property to be entered, inspected or
searched must be identified and described in as much detail as possible. The description shall
include the street address as well as the specific area within the property if necessary.
c. Property owner, occupant or possessor. The property owner, occupant, or possessor as
disclosed in available property records or other registrations (such as rental agent or business
owner) shall be identified.
d. Reason for entry, inspection or search. The specific factual and legal reasons for entry,
inspection or search must be set forth in as much detail as possible, and any alleged statutory
violation or ordinance violation must be identified. In the event a Code Enforcement violation or
other legal proceedings are pending, the case number must be provided.
e. Reasonable Cause. The affiant shall set forth with specificity the factual reasons which
necessitate the entry, inspection or search, such as a violation of a city building, fire or other code
with an adverse effect on the public health, safety or welfare. The affiant shall include a statement
as to whether the property at issue was previously inspected and if so, the date of such inspection
and shall attach any documentation or other description of the results of such inspection.
f. Review by City Solicitor. The affiant shall submit the Application to the Assistant City
Solicitor(s) designated by the City of Philadelphia to review such Applications for review and for
approval to file such Application with the appropriate judicial officer.
g. The Application is to be brought to the designated Judicial Officer. The affiant shall
bring any Application approved by the designated Assistant City Solicitor to the judicial officer
designated from time to time by the Administrative Judge of the Trial Division, Court of Common
Pleas and/or by the President Judge of Philadelphia Municipal Court, as appropriate.
h. Oath to be administered by Judicial Officer. The judicial officer shall administer the
requisite oath to the affiant and shall determine whether reasonable cause exists for the issuance