[R.O. 1996 § 515.130; Ord. No. 4517 § 2, 11-3-2014]
The Code Official shall enforce the
provisions of this Chapter and all applicable laws, codes and standards
adopted by the City or that the City is charged with, or responsible
for, enforcing dealing with the conditions of buildings and structures.
[R.O. 1996 § 515.140; Ord. No. 4517 § 2, 11-3-2014]
The Code Official shall make, or
cause to be made, all of the required inspections or shall accept
reports of inspection by approved agencies or individuals. All reports
of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual.
The Code Official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise.
[R.O. 1996 § 515.150; Ord. No. 4517 § 2, 11-3-2014]
A.
Whenever necessary to make an inspection
or to enforce any of the provisions of this Chapter or whenever the
Code Official has reasonable cause to believe that there exists in
any building or structure any condition which makes such building
or structure unsafe or an imminent danger to the safety, health or
welfare of the occupants or residents of the City, the Code Official
may enter the building or structure at any reasonable time to inspect
the same or to perform any duty imposed upon the Code Official by
this Chapter; provided, if such property be occupied, the Code Official
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 an administrative search warrant from a Judge presiding in the Municipal Court of Blue Springs, Missouri, pursuant to Section 205.100, Administrative Search Warrants, of the Blue Springs Code of Ordinances. The Court, in addition to those set forth in Section 205.100, 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.
Eyewitness 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; or
7.
Previous unabated violations in the
building or structure or on the premises.
C.
Probable cause supporting issuance of a warrant shall be deemed to exist if there is reason to believe that a condition of non-conformity exists with respect to a building in violation of the provisions of this Chapter, a violation rendering a building or structure in non-compliance with the building or other codes of the City that would create a nuisance or be detrimental to the health, safety or welfare of the residents of the City or the occupants thereof, or the provisions of Section 205.100 are satisfied.
[R.O. 1996 § 515.160; Ord. No. 4517 § 2, 11-3-2014]
Search warrants shall be executed and returned pursuant to Section 205.100, Administrative Search Warrants, of the Blue Springs Code of Ordinances. 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.
[R.O. 1996 § 515.170; Ord. No. 4517 § 2, 11-3-2014]
The Code Official shall carry proper
identification when inspecting structures or premises in the performance
of duties under this Chapter.
[R.O. 1996 § 515.180; Ord. No. 4517 § 2, 11-3-2014]
The Code Official shall issue all
necessary notices or orders to ensure compliance with this Chapter.
Such notices shall be delivered in accordance with the provisions
of this Chapter. In addition, the Code Official may cause to be filed
in the land records of Jackson County, Missouri, a notice of pending
action or lis pendens upon commencement of any enforcement action
that includes notice being provided herein.
[R.O. 1996 § 515.190; Ord. No. 4517 § 2, 11-3-2014]
Whenever, in the enforcement of this
Chapter or another code or ordinance, the responsibility of more than
one Code Official of the jurisdiction is involved, it shall be the
duty of the Code Officials involved to coordinate their inspections
and administrative orders as fully as practicable so that the owners
and occupants of the structure shall not be subjected to visits by
numerous inspectors or multiple or conflicting orders.
