[CC 1994 §72.211; Ord. No. 02.34, 9-23-2002]
A.
The
Municipal Judge shall have authority to issue search warrants for
searches or inspections to determine the existence of nuisance, weed,
or building condition violations of the Oronogo City Code. The Municipal
Judge shall also have authority to issue warrants for entry onto property
to seize property, abate nuisances, or otherwise enforce any provisions
of the Code of Ordinances.
B.
Warrants,
searches, abatements, or inspections made pursuant thereto shall conform
to and be governed by the following provisions:
1.
The Prosecuting Attorney of the City or his/her designee may make
application to the Municipal Court for the issuance of a warrant.
2.
The application shall:
a.
Be in writing;
b.
State the name and date of the making of the application;
c.
Identify the property or places to be entered and searched in sufficient
detail and particularity that the officer executing the warrant can
readily ascertain it;
d.
State facts sufficient to show probable cause for the issuance of
a search warrant to search for violations of the Oronogo City Code;
e.
Be verified by the oath or affirmation of the applicant; and
f.
Be filed in the Municipal Division of the Jasper County, Missouri
Circuit Court.
3.
The application shall be supplemented by written affidavits verified
by oath or affirmation. Such affidavits shall be considered in determining
whether there is probable cause for the issuance of the warrant and
in filling out any deficiencies give the description of the property
or places to be entered or searched. Oral testimony shall not be considered.
4.
The Judge shall hold a non-adversary hearing to determine whether
sufficient facts have been stated to justify the issuance of a warrant.
If it appears from the application and any supporting affidavits that
there is probable cause to inspect or search for violations of this
Code, a warrant shall be issued to search for such violations, or
to abate nuisances, demolish buildings, or mow weeds as allowed by
this Code. The warrant shall be issued in the form of an original
and two (2) copies.
5.
The application and any supporting affidavits and a copy of the warrant
shall be retained in the records of the Municipal Judge.
6.
The warrant shall:
a.
Be in writing;
b.
The name of the issuing authority;
c.
Be directed to any Police Officer or deputy in the City;
d.
State the name and date the warrant is issued;
e.
Identify the property or places to be searched or entered in sufficient
detail and particularity that the officer executing the warrant can
readily ascertain it;
f.
Be limited to a search or inspection for violations of the provisions
of the Oronogo Municipal Code;
g.
Command that the described property or places be searched and that
any photographs of violations found thereof or therein be brought
within ten (10) days after the filing of the application to the Judge
who issued the warrant to be dealt with according to the law; and
h.
Be signed by the Municipal Judge with his/her title of office indicated.
7.
A warrant issued under this Section may be executed only by a Police
Officer or deputy of the City. The warrant shall be executed by conducting
a search or entry commanded in accordance with the directions of the
Court.
8.
A warrant shall be executed as soon as practicable and shall expire
if it is not executed and return is made within ten (10) days after
the date of making the application.
9.
After execution, the warrant with the return thereon signed by the
officer making the search shall be delivered to the Judge who issued
the warrant. The return shall show the date and manner of execution
in the name of the possessor and of the owner of the property when
he/she is not the same person, if known.
10.
The intent of this Section is to effectuate compliance with the provisions
of this Code regarding property maintenance. It shall be utilized
in conjunction with, and not in lieu of, any procedures for notification
of owners or possession of land.
