§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.