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Legislation #: 910269 Introduction Date: 3/7/1991
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER ZMAYOR BERKLEY
Title: Amending Chapter 14 of the Code of General Ordinances of Kansas City, entitled "Fire Prevention Code", by repealing Section 2.107, Article 2, Uniform Fire Code, 1982 edition pertaining to "Right of Entry" and enacting a new Section 14.2.107 "Right of Entry--Inspection Warrant".

Legislation History
DateMinutesDescription
3/28/1991

Waive Charter Requirements City Council

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

Re-Referred Plans And Zoning Committee

4/3/1991

Hold Off Agenda

1/23/1992

Released


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910269

 

Amending Chapter 14 of the Code of General Ordinances of Kansas City, entitled "Fire Prevention Code", by repealing Section 2.107, Article 2, Uniform Fire Code, 1982 edition pertaining to "Right of Entry" and enacting a new Section 14.2.107 "Right of Entry--Inspection Warrant".

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A: That Chapter 14 of the Code of General Ordinances, entitled "Fire Prevention Code", is amended by repealing Section 2.107 of Article 2, Uniform Fire Code, 1982 edition, and enacting in lieu thereof a new section to read as follows:

 

Sec. 14.2.107. Whenever necessary to make an

inspection or to enforce any of the provisions of the Fire Prevention Code, the chief of the Fire Department or his authorized representative has reasonable cause to believe that there exists in any building or any condition which makes such building or structure unsafe, the Fire Chief or his authorized representative may enter the building or structure at any reasonable time to inspect the same or to perform any duty imposed upon the Fire Chief by the Fire Prevention Code; provided, if such property be occupied, the Fire Chief or his 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 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 or structure in violation of the provisions of the Fire Prevention Code.

 

The Fire Chief or his 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 14.2.305, Fire Prevention Code, or when the premises are abandoned.

 

Section 14.2.107(b). If a complaint in writing is

filed by the Director of Neighborhood and Community Services or the Director of Fire, or their 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 has probable cause to believe there exists in a building or structure, more particularly described therein, a violation or violations of provisions of this Section, the Property Maintenance Code or the Fire 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 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.

 

_______________________________

 

Approved as to form and legality

 

 

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