Section 27-2123. Court order of access to inspect premises

a. A judge of any
  civil  court of competent jurisdiction may, upon appropriate application
  by the department supported by an affidavit  or  affirmation,  issue  an
  order  directing  that  access be provided to an officer or inspector of
  the department to any premises or part thereof, whenever  an  inspection
  of  any  premises or part thereof is required or authorized by any state
  or local law or regulation or  entry  to  such  area  is  necessary  for
  correction of a condition violating such law or regulation.
    b.  If  the  application  is found appropriate, the court may issue an
  order to show cause why the order of access should not be issued. If the
  respondent cannot with due diligence be  served  personally  within  the
  time  fixed in such order, service may be made on such person by posting
  a copy thereof in a conspicuous place in the premises to which access is
  sought and by sending a copy thereof by certified mail,  return  receipt
  requested, to such person at his or her last known address.
    c. The court shall set in the order of access specific dates and times
  for access.
    d.  The  person,  officer  or  inspector  gaining access shall, before
  entry, give notice of his or her authority and purpose to  any  occupant
  of  the premises and show such occupant the order or a copy thereof upon
  request.
    e. Notwithstanding any other provision contained in section 27-2118 of
  article three of this subchapter,  a  person  who  after  service  of  a
  certified  copy of the order upon such person does not provide access or
  refuses to allow access to the person authorized to enter may  be  found
  guilty  of  contempt  of  court  and  may be required to pay a fine of a
  maximum of two hundred fifty dollars for willfully failing to provide or
  refusing to allow access. Service of the order shall  be  as  the  court
  directs  or  by  personal  service  but  if such cannot be made with due
  diligence within five days, service may be made by posting a copy of the
  order in a conspicuous place in the premises which is the subject of the
  order, and by sending a copy thereof by certified mail,  return  receipt
  requested,  to such person at his or her last known address. Such person
  shall not be in contempt of court or be required to pay a fine if he  or
  she  establishes  good and sufficient reason for a failure to be present
  when access was demanded.
    f. Nothing herein shall be deemed to authorize an officer or inspector
  of the department to enter any premises or part thereof if a  person  to
  whom an order is directed does not provide or refuses access.
    g.  Nothing herein shall affect the validity of inspections authorized
  and conducted under any other  provision  of  law,  rule  or  regulation
  without  the  issuance  of  an  inspection  warrant  as provided in this
  article.