[R.O. 1996 § 205.010; CC 1968 § 14-200; Ord. No. 1147 § 1, 4-12-1982]
For the purposes of this Chapter,
the following terms shall have the meanings assigned to them by this
Section, unless the context of their use in this Chapter clearly requires
otherwise:
An employee of the City of Blue Springs, Missouri, who is
charged with the duty of making inspections.
An order issued by a judge, authorizing a required inspection
to be made.
A Judge of the Circuit Court of Jackson County, Missouri,
Blue Springs Municipal Division.
Every individual, firm, partnership, corporation, association
or government agency, having or asserting the right to ownership,
possession or control of any building structure, equipment or premises
subject to required inspections.
An inspection of any building, structure, equipment, or premises
required to be made for the administration or enforcement of the following
Chapters of the Code of the City of Blue Springs, including the Zoning
Code:
Chapter 215, Dogs, Cats, Animals And Dangerous Animals;
Chapter 235, Fireworks;
Chapter 245, Health, Sanitation And Nuisances;
Chapter 255, Solid Waste;
Chapter 260, Food And Food Establishments;
Chapter 500, Building Code;
Chapter 600, Alcoholic Beverages;
Chapter 605, Licensing And Business Licenses;
Chapter 620, Massage Therapy Establishments And Massage Therapists;
Chapter 625, Cigarettes.
[R.O. 1996 § 205.020; CC 1968 § 14-201; Ord. No. 1147 § 1, 4-12-1982]
Every Judge of the Jackson County
Circuit Court, Blue Springs Municipal Division, shall have power to
issue Administrative Inspection orders upon application of an Administrative
Inspection Officer, and for probable cause shown.
[R.O. 1996 § 205.030; CC 1968 § 14-202; Ord. No. 1147 § 1, 4-12-1982]
A.
Any
one or more of the following conditions shall constitute probable
cause for issuance of an Administrative Inspection order whenever:
1.
The inspection for which the order
is sought is part of an area-wide inspection program being carried
out at the direction of the City Council of Blue Springs, Missouri.
2.
There has been a citizen's complaint,
in writing, alleging that there is a violation of the Code, an ordinance
or law requiring inspection.
3.
The applicant for the order has personal
knowledge that a violation of the Code, an ordinance or law requiring
inspection has occurred or is occurring.
4.
The inspection for which the order
is sought is one required by the Code, an ordinance or law to be made
periodically.
5.
Other facts or circumstances set forth in the application convince the court that there is reasonable grounds to believe that issuance of an order is necessary to the proper administration or enforcement of Chapter 215; Chapter 220, Article X; Chapter 235; Chapter 245; Chapter 255; Chapter 260; Chapter 500; Chapter 600; Chapter 605; Chapter 620; and Chapter 625 of this Code.
[R.O. 1996 § 205.040; CC 1968 § 14-203; Ord. No. 1147 § 1, 4-12-1982]
A.
It
shall be a condition precedent to issuance of an Administrative Inspection
order, that:
1.
The Inspection Officer shall have
first requested permission to make a required inspection from the
owner, occupant, or other person having possession, management, or
control of the building, structure, equipment, or premises sought
to be inspected and that such owner, occupant or other person having
possession, management, or control of the building shall have denied
such permission or shall have refused to answer the request; or
2.
The Inspection Officer found the
building, structure, equipment, or premises sought to be inspected
unoccupied or abandoned, and the owner could not be located after
the Inspection Officer made a reasonable effort to locate them.
[R.O. 1996 § 205.050; CC 1968 § 14-204; Ord. No. 1147 § 1, 4-12-1982]
A.
An
application for an Administrative Inspection order shall be in the
form of an affidavit sworn to and subscribed by an Administrative
Inspection Officer, and shall contain the following:
1.
The date of the application;
2.
The name, address and official status
of the applicant;
3.
That the applicant is acting in the
course of their official duty;
4.
A citation to the Chapter and Section
of the Code, ordinance or law pursuant to which the inspection is
sought;
5.
A description of the building, structure,
equipment or premises sought to be inspected;
6.
That permission to make the required
inspection has been sought from the owner and that such owner has
denied permission or has refused to answer the request;
7.
A statement of facts showing probable
cause for issuance of the Administrative Inspection order;
8.
Approval of the City Counselor or
City Prosecutor to present the application to the court.
[R.O. 1996 § 205.060; CC 1968 § 14-205; Ord. No. 1147 § 1, 4-12-1982]
A.
If
the Judge shall find that the affidavit is sufficient, and that probable
cause to inspect exists, they shall issue an Administrative Inspection
order. Such order shall contain the following:
1.
The name of the issuing court;
2.
The date of issuance of the order;
3.
The name and official title of each
Administrative Inspection Officer authorized to execute the order;
4.
A description of the building, structure,
equipment or premises to be inspected;
5.
The authorized objective of the inspection;
6.
A finding that the inspection is
necessary for effective enforcement of the Code, ordinance or law
under which it is sought;
7.
A finding that probable cause exists
to warrant the issuance of an Administrative Inspection order;
8.
A direction that the order shall
be executed within ten (10) days of the date thereof, during daylight
hours only, Sundays excepted.
9.
A command to all persons presented
with a copy of the order to permit the inspection authorized.
10.
The signature of the issuing Judge.
[R.O. 1996 § 205.070; CC 1968 § 14-206; Ord. No. 1147 § 1, 4-12-1982]
Upon announcing their name, official
title, and purpose, and upon presentation of a copy of the Administrative
Inspection order, the designated Inspection Officer shall have the
right to enter upon the building, structure, equipment or premises
designated in the order to make the inspection authorized thereby.
Every Administrative Inspection order shall be executed within ten
(10) days next following the date of its issuance by the court. It
shall be the duty of every owner, occupant, or other person having
possession, management or control over any building, structure, equipment
or premises described in the order to permit the inspection required
thereby.
[R.O. 1996 § 205.080; CC 1968 § 14-207; Ord. No. 1147 § 1, 4-12-1982]
A.
Upon execution of the order, the Administrative
Inspection Officer shall return the same to the court, certifying
thereon that the order has been duly executed and the date of such
execution.
B.
If the order shall not have been executed
within the ten (10) day period allotted therefor, the Inspection Officer
shall return the same to the court endorsing upon the order the reason
for its non-execution.
[R.O. 1996 § 205.090; CC 1968 § 14-208; Ord. No. 1147 § 1, 4-12-1982]
If any person shall refuse to obey
an Administrative Inspection order or shall resist the execution thereof
they shall be guilty of an offense, and upon conviction thereof shall
be punished by a fine of not more than five hundred dollars ($500.00)
or imprisonment of not more than ninety (90) days, or both such fine
and imprisonment.
[R.O. 1996 § 205.100; Ord. No. 3612 § 1, 10-6-2003]
A.
Search Warrant Defined — Who May
Issue, Execute.
1.
An administrative search warrant
is a written order of the Municipal Judge commanding the search or
inspection of any property, place or thing and the seizure, photographing,
copying or recording of property or physical conditions found thereon
or therein to determine or prove the existence of violations of any
ordinance or Code Section of the Code of Ordinances relating to the
use, condition or occupancy of property or structures located within
the City or to enforce the provisions of any such ordinance or Code
Section.
2.
The Municipal Judge having original
and exclusive jurisdiction to determine violations against the ordinances
of the municipality may issue an administrative search warrant when:
a.
The property or place to be searched
or inspected or the thing to be seized is located within the City
at the time of making of the application; and
b.
The owner or occupant of the property
or place to be searched or inspected or the thing to be seized has
refused to allow same after official request by the City's Administrative
Inspection Officer or Police Officer.
3.
Any such warrant shall be directed
to the Chief of Police or any other Police Officer of the City and
shall be executed by the Chief of Police or said Police Officer within
the City's limits and not elsewhere.
B.
Who May Apply For Warrant — Contents
Of Application.
1.
Any Police Officer, Administrative
Inspection Officer, City Attorney or Prosecuting Attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative search warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making
of the application;
c.
Identify the property or places to
be entered, searched, inspected or seized in sufficient detail and
particularity that the officer executing the warrant can readily ascertain
it;
d.
State that the owner or occupant
of the property or places to be entered, searched, inspected or seized
has been requested by a named representative of the City to allow
such action and has refused to allow such action or, if no owner or
occupant can be located, state the name and last known address of
the person believed to be the owner or occupant along with a statement
of what efforts were made to contact said owner or occupant;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1)
Search or inspect for
violations of an ordinance or Code Section specified in the application;
or
(2)
Show that entry or seizure
is authorized and necessary to enforce an ordinance or Code Section
specified in the application and that any required due process has
been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation
of the applicant; and
g.
Be signed by the applicant and filed
in the Municipal Court.
3.
The application may be supplemented
by a written affidavit verified by oath or affirmation. Such affidavit
shall be considered in determining whether there is probable cause
for the issuance of a search warrant and in filling out any deficiencies
in the description of the property or place to be searched or inspected.
Oral testimony shall not be considered.
C.
Hearing And Procedure — Contents
Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall hold a
non-adversary hearing to determine whether probable cause exists to
inspect or search for violations of any City ordinance or Code Section
or to enforce any such ordinance or Code Section.
b.
In doing so the Municipal Judge shall
determine whether the action to be taken by the City is reasonable
in light of the facts stated. The Municipal Judge shall consider the
goals of the ordinance or Code Section sought to be enforced and such
other factors as may be appropriate, including, but not limited to,
the physical condition of the specified property, the age and nature
of the property, the condition of the specified property, the age
and nature of the property, the condition of the area in which the
property is located, the known violation of any relevant City ordinance
or Code Section and the passage of time since the property's last
inspection. The standard for issuing a warrant need not be limited
to actual knowledge of an existing violation of a City ordinance or
Code Section.
c.
If it appears from the application
and any supporting affidavit that there is probable cause to inspect
or search for violations of any City ordinance or Code Section, a
search warrant shall immediately be issued.
d.
The warrant shall issue in the form
of an original and two (2) copies, and the application, any supporting
affidavit and one (1) copy of the warrant as issued shall be retained
in the records of the Municipal Court.
2.
Contents Of Search Warrant. The search
warrant shall:
a.
Be in writing and in the name of
the City;
b.
Be directed to any Police Officer
in the City;
c.
State the time and date the warrant
was issued;
d.
Identify the property or places to
be searched, inspected or entered upon in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property
or places be searched or entered upon, and that any evidence of any
City Code or ordinance violations found therein or thereon, or any
property seized pursuant thereto, or a description of such property
seized, be returned, within ten (10) days after filing of the application,
to the Municipal Judge who issued the warrant, to be dealt with according
to law;
f.
Be signed by the Judge with their
title of office indicated.
3.
Execution And Return.
a.
A search warrant issued under this
Section shall be executed only by a City Police Officer, provided
however, that one (1) or more designated Administrative Inspection
Officer or an attorney for the City may accompany the officer and
the warrant shall be executed in the following manner:
(1)
The warrant shall be
executed by conducting the search, inspection, entry or seizure as
commanded and shall be executed as soon as practicable and in a reasonable
manner.
(2)
The officer shall give
the owner or occupant of the property searched, inspected or entered
upon a copy of the warrant. If no such person is present, the officer
shall leave a copy of the warrant at the site of the search in a conspicuous
place.
(3)
Receipt To Be Given;
Copy Retained; Disposition Of Property Seized.
(a)
If any property is seized
incident to the search, the officer shall give the person from whose
possession it was taken, if the person is present, an itemized receipt
for the property taken. If no such person is present, the officer
shall leave the receipt at the site of the search in a conspicuous
place.
(b)
A copy of the itemized
receipt of any property taken shall be delivered to an attorney for
the City within two (2) working days of the search.
(c)
The disposition of property
seized pursuant to a search warrant under this Section shall be in
accordance with an applicable City ordinance or Code Section, but
in the absence of same, then with Section 542.301, RSMo.
(4)
The officer may summon
as many persons as they deem necessary to assist them in executing
the warrant, and such persons shall not be held liable as a result
of any illegality of the search and seizure.
(5)
An officer making a
search pursuant to an invalid warrant, the invalidity of which is
not apparent on its face, may use such force as they would be justified
in using if the warrant were valid.
b.
A search warrant shall expire if
it is not executed and the required return made within ten (10) days
after the date of the making of the application.
c.
After execution of the search warrant,
the warrant, with a return thereon signed by the officer making the
search, shall be delivered to the Municipal Court.
d.
The return shall show the date and
manner of execution and the name of the possessor and of the owner,
when not the same person, if known, of the property or places searched
or seized.
e.
The return shall be accompanied by
any photographs, copies or recordings made and by any property seized,
along with a copy of the itemized receipt of such property required
by this Section; provided, however, that seized property may be disposed
of as provided herein, and in such a case a description of the property
seized shall accompany the return.
f.
The Court Clerk, upon request, shall
deliver a copy of the return to the possessor and the owner, when
not the same person, of the property searched or seized.
D.
Warrant Invalid, When. A search warrant
shall be deemed invalid:
1.
If it was not issued by the Municipal
Judge;
2.
If it was issued without written
application having been filed and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b);
4.
If it was not issued with respect
to property or places in the City;
5.
If it does not describe the property
or places to be searched, inspected, entered upon or seized with sufficient
certainty;
6.
If it is not signed by the Judge
who issued it; or
7.
If it was not executed and the required
return made within ten (10) days after the date of the making of the
application.
