Amendment Allows Zoning Officials to Search Homes Without Owners' Consent

The Manassas Park Governing Body voted to approve a zoning text amendment to the city code that will allow the zoning administrator  to obtain a search warrant to inspect homes without owners' consent.

 City council considered the matter and voted in a favor of the change at its May 24 meeting.  The amendment went into effect immediately and is now enforceable.

 The zoning text amendment for section 31044 of the city code authorizes the zoning administrator to appear before a magistrate judge and request an inspection warrant. The warrant would be issued for the purpose of determining if a violation of the zoning ordinance exists, Manassas Park City attorney Dean Crowhurst said.

 “… In deciding whether to issue the inspection warrant, the magistrate would take into account the sworn testimony of the zoning administrator, as well as the effort previously made by the zoning administrator to obtain the consent of the owner or tenant to enter into a dwelling for the stated purpose,” Crowhurst said.

 Due process is involved and so city officials won’t be able to enter dwellings at will, he said.

 The inspection warrant language approved by the city council  is authorized by paragraph A15 of Section 15.2-2286 of the Code of Virginia, Crowhurst said.   The General Assembly added that paragraph during the 2008 legislative session.  The due process provided by the enabling legislation and City Code § 31-44 do not allow the zoning administrator to “arbitrarily kick down doors,” he added.

The Code of Virginia also allows the city's fire marshal and the city's building official to obtain a search warrant from a magistrate to enforce the Statewide Fire Prevention Code and the Uniform Statewide building code, respectively, Crowhurst said Monday.

 Before city council voted, the matter was considered on May 2 by the Manassas Park Planning Commission.

 Manassas Park planning director Vanessa Watson said in an earlier report that most residents are more than willing to comply with the law once they realize there is a violation.

 “Getting a warrant is a last-ditch effort when communication cannot be established any other way,” Watson said.

 The planning commission, which is an advisory body to council, voted in favor of the change. From there, the matter went before council.