Section 398. Ex parte administrative warrants


Latest version.
  • If entry to a location or
      premises to be inspected pursuant to an agency's powers  and  duties  is
      not  gained on consent, or if circumstances call for entry without prior
      notice, the commissioner of  such  agency,  or  his  or  her  authorized
      representative,   may   request  the  corporation  counsel  to  make  an
      application, ex parte, in any court of  competent  jurisdiction  for  an
      order  directing  the  entry and inspection of such premises or location
      and, in accordance with applicable law, to abate any  nuisance  thereon.
      Nothing  in this section shall be construed to limit, abridge, affect or
      amend the power of an agency under law, including state, local  or  case
      law, to enter and inspect any location or premises or abate any nuisance
      thereon,  either  with  or  without  a  warrant, to carry out any of its
      functions, powers and duties.