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Legislation #: 080500 Introduction Date: 5/15/2008
Type: Ordinance Effective Date: 6/15/2008
Sponsor: None
Title:  Amending Chapter 48, Code of Ordinances, by repealing Sections 48-65, 48-69, 48-70, and 48-71, and enacting in lieu thereof new sections of like number and subject matter to revise right of entry procedures for abatement actions and to authorize the issuance of warrants to enter property for the purpose of abatement.

Legislation History
DateMinutesDescription
5/14/2008 Filed by the Clerk's office
5/15/2008 Referred to Public Safety and Neighborhoods Committee
5/21/2008 Hold On Agenda (5/28/2008)
5/28/2008 Do Pass as a Committee Substitute
5/29/2008 Assigned Third Read Calendar as Substituted
6/5/2008 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080500

 Amending Chapter 48, Code of Ordinances, by repealing Sections 48-65, 48-69, 48-70, and 48-71, and enacting in lieu thereof new sections of like number and subject matter to revise right of entry procedures for abatement actions and to authorize the issuance of warrants to enter property for the purpose of abatement.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 48, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 48-65, 48-69, 48-70, and 48-71, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

Sec. 48-65. Failure to comply; authority to abate.

  (a)   At the end of the period of time allowed in the order to remove nuisances or in a decision of the property maintenance appeals board to remove a cited nuisance, the director of neighborhood and community services or the director of health shall reinspect the premises. If, upon reinspection, the cited nuisance is found not to have been removed, the director of neighborhood and community services or the director of health may cause the cited nuisance to be abated by an appropriate means.

(b)   Employees and agents of the neighborhood and community services department and the city police department are hereby authorized to remove a vehicle to the nearest garage or other place designated by the city at the direction of the director of neighborhood and community services or the director of health. Disposition and notice of storage and sale of impounded vehicles shall be handled in the manner set out in article VI of chapter 70.

  (c)   When circumstances warrant, the director may extend the time provided for removal of a nuisance condition for a maximum of 30 days. Extensions will be provided only when significant work, such as with detention basin repairs, is required to remove a nuisance and significant progress on its removal is being made.

  (d)   For abatement of violations of section 48-49, storage of junk, salvage vehicles and salvage material, the director may also remove junk, salvage vehicles from unlawful salvage yards by contracting with a salvage operator properly licensed by the state department of revenue for removal and disposal of the vehicles. The contractor shall dispose of the vehicles by selling them for scrap to a scrap processor.

  (e) None of the above actions may be taken without compliance with section 48-70, as applicable.

 


Sec. 48-69. Right of Entry for the Purpose of Providing Notice.

 

The director of neighborhood and community services or the director of health may enter the premises upon which a nuisance is situated for the purpose of posting, serving or placing any notice provided for in this chapter.

 

Sec. 48-70. Right of Entry for Inspection and Abatement of Nuisances.

 

Whenever necessary to inspect or abate any nuisance, the director of neighborhood and community services or the director of health may enter the premises where the nuisance is located to inspect or abate such nuisance. Any Kansas City, Missouri Municipal Judge shall have the authority to order a warrant when necessary for these purposes.

Sec. 48-71. Same--Search and seizure warrant.

(a) Defined. A search warrant under this section is a written order by any judge in the Municipal Division, Kansas City, 16th Judicial Circuit Court of Missouri for the search or inspection of any property, the seizure of any property, or both search and seizure of any property within the limits of the city.

(b) Process. If a complaint in writing is filed by the director of neighborhood and community services, the director of health or the directors' authorized representatives, any police officer, deputy or city attorney of the city, with the Municipal Division judge stating that he or she has probable cause to believe there exists in the premises, more particularly described therein, a violation or violations of the provisions of this chapter 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 premises, building or structure therein described for the purposes requested and seize any specified property or conduct any tests necessary to determine if a private sewage system is malfunctioning. Such search warrant may be executed and returned only within ten days after the date of its issuance. The person authorized to conduct the search and conduct tests under the warrant shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this chapter discovered pursuant to such search and tests. Refusal to allow entry upon presentation of a search warrant shall be an ordinance violation. Forcible entry may be permitted when authorized by the search warrant.

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  Approved as to form and legality:

___________________________________

Nicole Rowlette

Assistant City Attorney