[Code 1999 §505.010]
It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
buildings or structures that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public, and this Chapter shall apply to all dangerous
buildings, as herein defined, that now are in existence or that may
hereafter exist in the City of Seymour, Missouri.
[Code 1999 §505.030]
All dangerous buildings or structures, as defined by Section
505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Code 1999 §505.050]
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Chapter.
[Ord. No. 726, 3-10-2016]
A. Scope And Application Of Warrant. Upon application to the Seymour
Municipal Court, and a showing of probable cause, the court may approve
the issuance of an administrative search warrant allowing inspection
of private property in order to enforce the City's Code and in
order to abate such conditions.
B. Application For Warrant.
1.
Any individual responsible for enforcement of the City's
Code provisions concerning property may motion the court through the
City Attorney for permission to enter said property in order to enforce
the City's Codes and to abate conditions that are in violation
of such Codes.
2.
The warrant application shall:
a.
Be in writing and filed with the municipal court.
b.
Include a statement of probable cause, detailing the actual
or suspected property conditions that justify entry.
c.
Identify the property or place to be entered, searched, inspected,
or seized so that it is of sufficient detail and particularity that
the court and any officer executing the warrant could readily ascertain
it. The request shall include that said property is within the City
limits.
d.
Include the date and time that entry into said property was
refused, and who was present when the refusal took place. If no responsible
person could be located, the application must list all efforts made
to request consent.
e.
State specifically what sections of the City's Codes are
believed to be violated by the property in question and are sought
to be enforced.
f.
Include copies of the Code in question.
g.
State specifically the time and date requested to perform search;
which shall be during daylight hours.
h.
Be verified by oath or affirmation of the applicant, and be
signed by the applicant and the City Attorney.
i.
State the time and date of making the application.
j.
State the facts sufficient to show probable cause for the issuance
of an administrative search warrant in accordance with the procedure
outlined in this Section to warrant:
(1) Search or inspection for violations of an ordinance
or Code Section specified in the application.
(2) Entry or seizure that is authorized and necessary
to enforce a Code Section specified in the application.
k.
Where the application requests entry to seize property, such
application shall also state facts sufficient to show that any required
due process has been afforded prior to the entry or seizure.
l.
Such application may also be supplemented by written affidavit.
C. Issuance Of Warrant — Hearing And Procedure.
1.
The municipal judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any Codes, or to enforce any such Code.
2.
In doing so, the municipal judge shall determine whether the
action to be taken by the officer 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 area in which the property is located, the known
violation of any relevant ordinances or Code Sections 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 an ordinance or Code Section.
3.
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search for violations of
any relevant Code Section, or to enforce any such Code Section, a
search warrant shall immediately be issued.
4.
The warrant shall issue in the form of an original and two (2)
copies. The application, any supporting affidavit, and one (1) copy
of the administrative search warrant (as issued) shall be retained
in the municipal court records.
D. Contents Of Warrant. The warrant shall:
1.
Be in writing and in the name of the City.
2.
Be directed to the police officer who will accompany and execute
the warrant with the Code Official.
3.
State the time and date that the warrant was issued.
4.
Identify the location or property in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it.
5.
Command that the described property or places be searched or
entered upon, and that any evidence of any City Code 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, or his/her municipal court clerk, so such evidence, property,
or description of such property may be dealt with according to law.
6.
Include the Code sought to be enforced along with a copy therewith.
The warrant shall include a return and inventory form for the applicant
to return to the court after the completion of the search.
7.
Specify the service conditions of the warrant, including that
service to take place during daylight hours and within ten (10) days
of application.
8.
Be signed by the municipal judge, with his/her office title
indicated.
E. Execution And Return.
1.
The warrant shall be executed by a City Police Officer, to be
accompanied by the applicant officer, upon the property in question
as soon as practicable and in the most reasonable and practicable
manner as possible.
2.
A copy of the warrant shall be provided to the owner or occupant
of the property entered, and, if no owner or occupant can be reached,
the warrant shall be conspicuously placed upon the property in lieu
of personal service.
3.
If any property is seized incident to the entry, the officer
shall prepare and give the person an itemized receipt for the property
in question. If no such person is present, the receipt shall be left
in a conspicuous place. Copies of this receipt shall be forwarded
to the court clerk of the municipal court, as well as the City Attorney.
4.
The disposition of property seized shall be in accordance with
the provisions of this Section and taken as evidence. Such property
shall be disposed of pursuant to Section 542.301, RSMo., and relevant
provisions of this Code.
5.
The officer may summon as many person as he deems necessary
to assist in executing the warrant.
6.
The warrant shall expire if not acted upon within ten (10) days
of its application.
7.
After execution, a return signed by the officer executing the
warrant shall be delivered to the municipal court and shall include
the following:
a.
The time and place of execution, including upon whom service
was made.
b.
A report of the search and any seizure accompanying the warrant.
This shall include an itemized receipt of any items seized, and copies
of any photographs or recordings made.
c.
The return shall be made immediately after the warrant execution.
d.
The court shall provide, upon written request made in person,
a copy of the return to the owner of the property entered or seized.
[Code 1999 §505.070]
The Mayor shall act as Building Commissioner under this Chapter.
[Code 1999 §505.100]
Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of Webster County may appeal such decision to the Circuit Court of Webster County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section
505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Code 1999 §505.110; Ord. No. 661 §1, 5-26-2011]
In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector, or in the absence of a Building Inspector, the City Administrator, shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections
505.080 and
505.090.
[Code 1999 §505.120]
The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined in accordance with Section
100.220 of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.