[Ord. No. 37 §1, 8-10-2010]
A.
Administrative Warrant Defined — Who May Issue, Execute.
1.
An administrative warrant is a written order of the Municipal Judge
permitting the entry of City Officials on or into private property
to enforce the City's housing, zoning, health and safety regulations
when government entry on or into such private property is otherwise
authorized by Missouri law. A warrant may issue only in conformance
with this Section and only for the enforcement of the City's housing,
zoning, health and safety regulations, specifically:
a.
To abate such physical conditions on private property constituting
a public nuisance or otherwise in violation of a specified regulation
as provided herein,
b.
To inspect private property to determine or prove the existence of
physical conditions in violation of such a specified regulation, and
c.
To seize, photograph, copy or record evidence of the violation of
such specified regulation.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
a.
The property to be entered is located within the City, and
b.
The owner or occupant of the property to be entered:
(1)
Has refused to allow same after official request by the City,
or
(2)
Is not available, after reasonable investigation and effort,
to consent to such entry or inspection, and
(3)
The City establishes probable cause to determine that a public
nuisance or other violation of a specified regulation as provide herein
may exist.
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, in conjunction with the appropriate
Code Enforcement Officer or other appropriate official, within the
City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer or attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative 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 to be entered, inspected or seized in sufficient
detail and particularity that the office executing the warrant can
readily ascertain it;
d.
State that the owner or occupant of the property:
(1)
Has been requested by the City to allow such action and has
refused to allow such action, or
(2)
Is not available, after reasonable investigation and effort,
to consent to such entry or inspection, and in such case the application
shall include details of the City's investigation and effort to request
such consent.
e.
State facts sufficient to show probable cause for the issuance of
a warrant to enter the private property including the specification
of the housing, zoning, health and safety regulations sought to be
enforced;
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 warrant and
in filling out any deficiencies in the description of the property
or place to be entered. Oral testimony shall not be considered. The
application may be submitted by facsimile or other electronic means.
C.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to enter the private property for the purposes noted herein.
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 known or suspected violation of
any relevant City ordinance or Code Section, the passage of time since
the property's last inspection and the law, Statute or ordinance authorizing
government entry onto private property. 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 enter the private property for the enforcement
of the City's housing, zoning, health and safety regulations, a 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 warrant. The 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 to be entered in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property be entered for one (1) or more
specified enforcement purposes as provided herein, identify the regulation
sought to be enforced and direct that any evidence of any suspected
property violations be seized, recorded or photographed and a description
of such property be returned within ten (10) days after filing of
the application, to the Clerk of the Municipal Court, to be dealt
with according to law;
f.
Be signed by the Judge with his title of office indicated.
3.
Execution and return.
a.
A warrant issued under this Section shall be executed only by a City
Police Officer, provided however, that one (1) or more designated
City Officials shall accompany the officer and the warrant shall be
executed in the following manner:
(1)
The warrant may be issued by facsimile or other electronic means.
(2)
The warrant shall be executed by conducting the private property
entry as commanded and shall be executed as soon as practicable and
in a reasonable manner.
(3)
The officer shall give the owner or occupant of the property
entered a copy of the warrant.
(4)
If any property is seized in connection with the entry, the
officer shall give the person from whose possession(s) was taken an
itemize receipt for the property if such person is present. If no
such person is present, and if no such person is ascertainable, the
officer shall leave the receipt at the site of the entry in a conspicuous
place.
(a)
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 execution of the warrant.
(b)
The disposition of property seized pursuant to a 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 42.301,
RSMo.
(5)
The officer may summon as many persons as he deems necessary
to assist him in executing the warrant.
(6)
An officer executing an invalid warrant, the invalidity of which
is not apparent on its face, may use such force as he deems would
be justified in using if the warrant were valid.
(7)
A 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.
b.
After execution of the warrant, the warrant, with return thereon
signed by the officer executing the warrant, shall be delivered to
the Municipal Court in the following manner:
(1)
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 entered.
(2)
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.
c.
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
entered or seized.
D.
Warrant Invalid, When. A warrant shall be deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a 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) hereof;
4.
If is was not issued with respect to property in the City;
5.
If it does not describe the property or places to be entered, inspected
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.
