THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 950389, AS AMENDED

Amending Chapter 56, Code of Ordinances of Kansas City, Missouri, commonly referred to as the Property Maintenance Code, by repealing Sections 56-282 and 56-283, and adopting in lieu thereof two new sections of like number and subject matter that would expand the probable cause search warrant authority from vacant open structures or buildings to all structures or buildings and directing the City Manager to complete a study and report which shall be available for public review and comment within 9 months.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 56, Code of Ordinances of Kansas City, Missouri, commonly referred to as the Property Maintenance Code, is hereby amended by repealing Sections 56-282 and 56-283, and enacting two new sections to read as follows:

Section 56-282. Right of Entry.

(a) 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 during normal work hours or in the case of an emergency 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.

(b) 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 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 the following factors 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.

(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 non-conformity exists with respect to a building in violation of the provisions of the Property Maintenance Code and based upon at least two (2) of the factors set forth in this section.

(d) 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 56-284 or when the premises are abandoned.

(e) 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.

Section 56-283. 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 Municipal Division Judge, 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.

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.

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Approved as to form and legality:

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Assistant City Attorney