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 entry.

(a) Whenever 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 entry.

(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 violation.

(2) Citizen complaint(s).

(3) Tenant complaint(s).

(4) Plain view violations.

(5) Violations apparent from city records.

(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.

(c) Cause 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 warrant.

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 entry.

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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney