WEIRTON — The city is reinvigorating a policy outlining procedures for how its code officials inspect properties, especially in instances where a warrant is needed.

Weirton Council Monday unanimously approved the first reading of an ordinance, “Creating a process for enforcement by code inspectors in the City of Weirton Codified Ordinances.”

“This is an establishment, or maybe a re-establishment, of a procedure to get some administrative search warrants for access into buildings for code violations, health and safety violations, etcetera,” explained City Manager Mike Adams.

According to the ordinance, municipalities are granted such abilities through West Virginia Code 8-12-16. Adams explained the city previously had some form of procedure in place, but officials wanted to make certain something up to date is on the books to provide a clear direction for code officials.

The ordinance includes requirements for code officials to present their credentials to any owner or occupant at the property during the time of the inspection, as well as the requirement to provide advanced notice and request permission to enter the property.

A consent order has been drafted as part of the ordinance, and will be available to present to property owners or occupants.

“It always works better if you have somebody’s consent,” Adams said.

In the event an owner cannot be located, or if the owner refuses, the ordinance sets up procedures for obtaining a warrant to perform the inspection.

“It’s not to do a criminal search, it’s to do a search for the conditions of the property,” Adams said. “It allows our inspectors to be on the premises and in the premises.”

Ward 4 Councilman Rick Stead asked if there would be requirements for inspectors to have an affidavit approved by the city judge in order to obtain the warrant, with Adams confirming such a procedure in the policy.

Such administrative search warrants “shall be limited in scope for the sole purpose of the inspection of the structure, dwelling or building,” for property code violations, and “shall expressly prohibit the collection or gathering of evidence for the purpose of a criminal charge, prosecution or proceeding unrelated to a violation,” of the property code.

A copy of the administrative search warrant also must be provided to the owner at least five days prior to code officials implementing the search.

Officers from the Weirton Police Department would be scheduled to provide support in the service of the warrant, and, if necessary, clear the property of any occupants in order for the inspection to take place.

“It’s been in the works for a while,” Adams said, noting he has been in discussions with both the Inspections Department and Police Chief Charlie Kush in developing the procedure.

As the proposal is an ordinance, it must pass a second reading by city council before it can go into effect.