Cal. Civ. Code § 36-7-9-16
Inspection warrants
Operative Text
Sec. 16. (a) If the owners or those in possession of a building refuse inspection, an inspection officer of the enforcement authority may obtain an inspection warrant from any court of record in the county in which the building is located in order to determine if the building is an unsafe building. The court shall issue the warrant subject to the following conditions: (1) The person seeking the warrant must establish that the building to be searched or inspected is to be searched or inspected as part of a legally authorized program of inspection that naturally includes the building, or that there is probable cause for believing that a condition, object, activity, or circumstance legally justifies a search or inspection of that building. (2) An affidavit establishing one (1) of the grounds described in subdivision (1) must be signed under oath or affirmation by the affiant. (3) The court must examine the affiant under oath or affirmation to verify the accuracy of the affidavit. (b) The warrant is valid only if it: (1) is signed by the judge of the court and bears the date and hour of its issuance above that signature, with a notation that the warrant is valid for only forty-eight (48) hours after its issuance; (2) describes (either directly or by reference to the affidavit) the building where the search or inspection is to occur so that the executor of the warrant and owner or the possessor of the building can reasonably determine what property the warrant authorizes an inspection of; (3) indicates the conditions, objects, activities, or circumstances that the inspection is intended to check or reveal; and (4) is attached to the affidavit required to be made in order to obtain the warrant. (c) A warrant issued under this section is valid for only forty-eight (48) hours after its issuance, must be personally served upon the owner or possessor of the building, and must be returned within seventy-two (72) hours. As added by Acts 1981, P.L.309, SEC.28.
Indiana Code § 36-7-9-16 establishes the legal process by which a government enforcement authority can obtain a court-issued warrant to inspect a building when the owner or occupant refuses voluntary entry. A court of record may issue such a warrant only after an officer submits a sworn affidavit showing either that the building is part of a lawful inspection program or that probable cause exists to believe an unsafe condition is present, and the court must examine the affiant under oath. Once issued, the warrant is valid for only 48 hours, must be personally served on the owner or occupant, and must be returned to the court within 72 hours.
Plain English — not legal advice.
Under Ind. Code § 36-7-9-16, property owners and managers who decline a voluntary inspection do not thereby prevent all government access — enforcement authorities have a defined legal pathway to obtain a court-issued inspection warrant. Compliant operators generally cooperate with lawfully presented warrants, verify that the warrant bears a judge's signature, issuance date and hour, a 48-hour validity notation, and a description of the property and conditions to be inspected, and confirm it is accompanied by the required affidavit. Reviewing the warrant's face for these required elements before allowing entry is a standard practice among property managers dealing with enforcement inspections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-7-9-16 is relevant to tenants because it governs what happens when an owner or possessor of a building — which can include a tenant in possession — refuses an inspection by a local enforcement authority investigating unsafe building conditions. Tenants should be aware that a validly issued warrant under this section must be personally served, must describe the specific property and conditions at issue, and expires 48 hours after issuance, meaning there are procedural safeguards built into the process. Tenants who have questions about whether an inspection warrant presented to them meets the legal requirements of § 36-7-9-16 may wish to consult a tenant-rights organization or legal aid provider familiar with Indiana housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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