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Legislation #: 950388 Introduction Date: 3/30/1995
Type: Ordinance Effective Date: 6/25/1995
Sponsor: COUNCILMEMBER COFRAN
Title: Amending Chapter 18, Code of Ordinances of Kansas City, Missouri by repealing Section 18-9 and adopting in lieu thereof a new section of like number and subject matter which would allow the Director of Codes Administration to request a search warrant when necessary and directing the City Manager to complete a study and report which shall be available for public commentary and review within 9 months.

Legislation History
DateMinutesDescription
3/30/1995

Prepare to Introduce

3/30/1995

Referred Operations And Aviation

4/5/1995

Do Pass as a Committee Substitute

4/6/1995

Assigned to Third Read Calendar

4/13/1995

Re-Referred Operations And Aviation

4/19/1995

Hold On Agenda

4/26/1995

Hold On Agenda

5/3/1995

Hold On Agenda

5/10/1995

Hold On Agenda

5/17/1995

Hold On Agenda

5/24/1995

Hold On Agenda

5/31/1995

Do Pass Fourth Committee Substitute

6/1/1995

Assigned to Third Read Calendar

6/8/1995

Held on Docket

6/9/1995

Do Pass Fourth Committee Substitute

6/15/1995

Passed As Third Sub As Further Amended

6/15/1995

Amended


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FOURTH COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 950388, AS AMENDED

 

Amending Chapter 18, Code of Ordinances of Kansas City, Missouri by repealing Section 18-9 and adopting in lieu thereof a new section of like number and subject matter which would allow the Director of Codes Administration to request a search warrant when necessary and directing the City Manager to complete a study and report which shall be available for public commentary and review within 9 months.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

SECTION 1. That Chapter 18, Code of Ordinances of Kansas City, Missouri be amended by repealing Section 18-9 and adopting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 18-9. Powers and duties of director of Codes Administration.

 

(a) Generally. The director of Codes Administration shall enforce this code. For such purposes, the director shall have the powers of a law enforcement officer. The director of Codes Administration shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code.

 

(b) Right of entry. Whenever necessary to make an inspection or to enforce any of the

provisions of the Building Code, or any other code, ordinance, law, regulation or administrative order within the authority of the director of Codes Administration to enforce, or whenever the director of Codes Administration or his/her authorized representative has reasonable cause to believe that there exists in any building any condition which is contrary to the Building Code, or any other code, ordinance, law, regulation or administrative order within the authority of the director of Codes Administration to enforce, or makes the building or premises unsafe, dangerous or hazardous the director of Codes Administration or his/her authorized representative may enter the building or premises during normal work hours or, in the case of an emergency at any reasonable time to inspect or to perform any duty imposed upon the director of Codes Administration by the Building Code; provided, if such property be occupied, the director of Codes Administration or his/her authorized representative shall first present proper credentials and request and obtain permission to enter before entering the building or premises. Reasonable effort must be made to locate the owner or other persons having charge or control of the property when seeking permission for entry.

 

(1) If no consent has been given to enter or inspect any building or premises, no entry or inspection shall be made without the procurement of a warrant from the Judge

presiding in the Ninth Division or, if that Judge is not available, from any other

Judge presiding in the Municipal Division, Kansas City, 16th Judicial Circuit Court

of Missouri. The Court may consider of the following factors in its decision as to

whether a warrant shall issue:

 

(i) Eyewitness account of violation.

(ii) Citizen complaint(s).

(iii) Tenant complaint(s).

(iv) Plain view violations.

(v) Violations apparent from City records.

(vi) Nature of alleged violation, the threat to life or safety and imminent risk of

significant property damage.

(vii) Previous unabated violations in the building or on the premises.

 

(2) 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 non-conformity exists with respect to a building or premises in

violation of the provisions of the Building Code and based upon at least two (2) of

the factors set forth in Section 18-9A(a)(1).

 

(3) The director of Codes Administration or his/her authorized representative may enter the premises without consent or a search warrant to make an inspection or enforce

any of the provisions of this code only when an emergency exists as prescribed in

Section 18-10(f) of the Building Code, or when the premises are abandoned.

 

(4) If a complaint in writing is filed by the director of Codes Administration or an authorized representative, any police officer, deputy, or city attorney of the City, with

the Municipal Division Judge of the Circuit Court, stating that there is probable cause

to believe there exists in a building or structure more particularly described therein,

a violation or violations of provisions of this code, 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 structure or premises therein described for the purposes requested. Such

search warrant may be executed and returned only within (10) 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 code discovered pursuant to such search. Refusal to honor a search warrant

and permit inspection of the premises shall constitute an ordinance violation.

Execution of a search warrant, under this section, shall not be by forcible entry.

 

(5) Unless emergency conditions exist, or until a notice of violation and a reasonable opportunity to correct the violation is afforded the person, a summons shall not be

served upon a resident, property owner, or other responsible person, which alleges

a violation of this Code based upon conditions discovered incidental to, and solely

as a result of, conducting an investigation pursuant to the authority of a search

warrant, but which is not the subject of the search warrant.

 

(c) Stop orders. Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances within this code, the director of Codes Administration may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, or on any persons owning, leasing, maintaining or occupying premises where work is being done and any such persons shall forthwith stop such work until authorized by the director of codes administration to proceed with the work.

 

(d) Occupancy violations. Whenever any building or structure or building service equipment therein regulated by this code is being used contrary to the provisions of such codes, the director of Codes Administration may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the director of Codes Administration after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such code. Failing to discontinue such use when ordered is a violation of this code. Unless authorized by the director of Codes Administration, removing a posted notice or sign indicating that a structure is not to be occupied is a violation of this code.

 

(e) Liability. The director of Codes Administration or an authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not be rendered personally liable for damages that may accrue to persons or property as a result of any such official act or by reason of any act or omission in the discharge of such official duties. Any suit brought against the director of Codes Administration or employee because of such act or omission, performed in the enforcement of any provision of this code or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the department of Codes Administration, shall be defended, under the terms of the cumulative claim reserve fund, by the city until final termination of such proceedings. Any judgment resulting therefrom shall be assumed by the city, under the terms of the cumulative claim reserve fund. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the department of Codes Administration or the city be held as assuming any such liability by reason of the inspections authorized by this code or approvals issued under this code.

 

(f) Cooperation of other officials and officers. The director of Codes Administration may request, and shall receive, the assistance and cooperation of other city officials so far as is required in the discharge of the duties required by this code or other pertinent law or ordinance.

 

(g) Authority to disconnect utilities. The director of Codes Administration or the director's authorized representative shall have the authority to disconnect any utility service or energy supplied to the building, structure or building service equipment therein regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The director of Codes Administration shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

 

(h) Authority to condemn building service equipment.

 

(1) Whenever the director of Codes Administration ascertains that any building service equipment regulated in the technical articles has become hazardous to life, health,

property or becomes unsanitary, he may order in writing that such equipment be

either removed or restored to a safe or sanitary condition, whichever is appropriate.

The written notice itself shall fix a time limit for compliance with such order. No

person shall use or maintain defective building service equipment after receiving

such notice.

 

(2) When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours to the serving

utility, the owner and occupant of such building, structure or premises.

 

(3) When any building service equipment is maintained in violation of the technical articles and in violation of any notice issued pursuant to the provisions of this

section, the director of Codes Administration may institute any appropriate action to

prevent, restrain, correct or abate the violation.

 

(i) Connection after order to disconnect. No person shall make connections from any energy, fuel or power supply or supply energy or fuel to any building service equipment which has been disconnected or ordered to be disconnected by the director of Codes Administration or the use of which has been ordered to be discontinued by the director of Codes Administration until the director of Codes Administration authorizes the reconnection and use of such equipment.

 

(j) Building numbers. The director of Codes Administration is authorized to promulgate standards by which buildings are numbered and to assign or reassign numbers and addresses according to those standards.

 

(k) Rules and regulations. The director of Codes Administration is authorized to make and promulgate reasonable and necessary rules and regulations to provide for the efficient administration of this code, and to implement the substantive and procedural requirements of this code. A copy of rules and regulations shall be filed in the office of the director of records.

 

SECTION 2. That the City Manager shall conduct or cause to be conducted a study in six (6) months reviewing the following data as pertains to this ordinance:

 

(1) the number of warrants which have been requested; (2) the number of warrants denied; (3) the number of warrants granted within; (4) the number of warrants overturned in the appeals process; and (5) any other information which shall be deemed appropriate by the City Manager.

 

Upon the completion of the study, the City Manager shall prepare or cause to be prepared, a report containing the findings. Said report shall be open for public review and comment for ninety (90) days which comment shall be recorded at the end of the stated period. The report and records of the public commentary shall then be made available to the general public and provided to the members of the City Council for their review and reassessment of administrative warrants issued pursuant to this ordinance. This process shall be completed within nine (9) months of passage of this ordinance.

 

_____________________________________________________

 

Approved as to form and legality:

 

 

 

_______________________________

Assistant City Attorney