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.
__________________________________________________________
Approved as to form and
legality:
_____________________________________
Assistant City Attorney