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ORDINANCE NO. 010129
Amending Chapter 80, Code
of Ordinances, to enact two new sections to be known as Sections 80-405, Right
of entry, and 80-406, Search warrant.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by enacting two new sections, to read as follows:
Sec. 80-405. Right of
necessary to make an inspection or to enforce any of the provisions of this
code or whenever the director of codes administration, or the directors
authorized representative has reasonable cause to believe that there exists in
any building, structure, or on real property any condition which makes the use
of such building, structure, or real property not in compliance with the uses
permitted under the applicable zoning district in which the building, structure
or real property is located, the director or the directors authorized
representative may enter the building, structure or on real property during
normal work hours to inspect the same or to perform any duty imposed upon the
director by this Zoning Ordinance; provided, if such property be occupied, the
director or the directors representative shall first present proper
credentials and request and obtain permission to enter before entering the
building or structure. Reasonable effort must be made to locate the owner or other
persons having charge or control of the property when seeking permission for
(b) If no consent
has been given to enter or inspect any building, structure or on real property,
no entry or inspection shall be made without the procurement of a warrant from
a judge in the municipal division, Kansas City, 16th Judicial Circuit Court of
Missouri. The court may consider the following factors in its decision as to
whether a warrant shall issue:
(1) Eyewitness account of
(2) Citizen complaint(s).
(3) Tenant complaint(s).
(4) Plain view violations.
(5) Violations apparent from city
(6) Nature of alleged violation,
the threat to life or safety and imminent risk of significant property damage.
(7) Previously unabated violations
in the building or structure or on the premises.
supporting issuance of a warrant shall be deemed to exist in light of
reasonable legislative and administrative standards which show that there is
reason to believe that a condition of nonconformity exists with respect to a
building in violation of the provisions of the Zoning Ordinance.
Sec. 80-406. Search
If a written
application for a search warrant under this section is filed by the director of
codes administration, or the directors authorized representative, any police
officer, deputy, or the city attorney of the city, with the municipal division
judge, stating that he/she has probable cause to believe there exists in a
building, structure or on real property more particularly described therein, a
violation or violations of provisions of the Zoning Ordinance and is within the
territorial jurisdiction of the city, and if such complaint is verified by the
oath or affirmation stating evidential facts from which such judge determines
the existence of probable cause, then such judge shall issue a search warrant
directed to the authorized person to search the building, structure or real
property therein described for the purposes requested. Such search warrant may
be executed and returned only within ten days after the date of its issuance.
The person authorized to search shall make a return promptly after concluding
the search, and such return shall contain an itemization of all violations of
this Zoning Ordinance discovered pursuant to such search. Refusal to allow
entry upon presentation of a search warrant shall be an ordinance violation.
Execution of a search warrant issuance under this section shall be by forcible
Section 2. That
the Council finds and declares that before taking any action on the proposed
amendment hereinabove, all public notices have been given and hearings have
been held as required by the Zoning Ordinance.
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
City Plan Commission
as to form and legality: