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Legislation #: 910270 Introduction Date: 3/7/1991
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER ZMAYOR BERKLEY
Title: Amending Chapter 20, Code of General Ordinances of Kansas City, Missouri, commonly referred to as the Property Maintenance Code, by repealing Sections 20.56 and 20.56.1, and adopting in lieu thereof two new sections of like subject matter that would expand the probable cause search warrant authority from vacant open structures or buildings to all structures or buildings.

Legislation History
DateMinutesDescription
3/8/1991

Referred Plans And Zoning Committee

3/13/1991

Hold Off Agenda

3/27/1991

Do Pass as a Committee Substitute

3/28/1991

Assigned to Third Read Calendar

4/4/1991

Re-Referred Plans And Zoning Committee

4/17/1991

Hold Off Agenda

1/23/1992

Released


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910270

 

Amending Chapter 20, Code of General Ordinances of Kansas City, Missouri, commonly referred to as the Property Maintenance Code, by repealing Sections 20.56 and 20.56.1, and adopting in lieu thereof two new sections of like subject matter that would expand the probable cause search warrant authority from vacant open structures or buildings to all structures or buildings.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 20, Code of General Ordinances of Kansas City, Missouri, commonly referred to as the Property Maintenance Code, is hereby amended by repealing Sections 20.56 and 20.56.1, and enacting two new sections to read as follows:

 

Section 20.56 Right of Entry.

 

Whenever necessary to make an inspection or to enforce any of the provisions of this Code or whenever the Director, or the Director's authorized representative has reasonable cause to believe that there exists in any building or structure any condition which makes such building or structure unsafe, the Director or the Director's authorized representative may enter the building or structure at any reasonable time to inspect the same or to perform any duty imposed upon the Director by this Code; provided, if such property be occupied, the Director or the Director's authorized 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.

 

If no consent has been given to enter or inspect any building or structure, no entry or inspection shall be made without the procurement of a warrant from the Judge presiding in the Ninth Division of the Municipal Court of Kansas City, Missouri. The Court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:

 

(1) Eye witness 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) Previous unabated violations in the building or structure or on the premises.

 

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 in violation of the provisions of the Property Maintenance Code.

 

The Director or the Director's 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 20.57 or when the premises are abandoned.

 

Section 20.56.1 Search Warrant.

 

If a complaint in writing is filed by the Director, or the Director's authorized representative, any police officer, deputy, or city attorney of the City, with the Judge of the Ninth Division of the Municipal Court of the City, stating that he/she has 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 ten (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 allow entry upon presentation of a search warrant shall be an ordinance violation. Execution of a search warrant issued under this section shall not be by forcible entry.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney