§ 26-104. General authority and responsibilities.

Sec. 26-104.3.1. Investigation/Inspection Warrant. If no consent has been given to enter or inspect any building or structure, an entry or inspection shall not be made without the procurement of an investigation/inspection warrant from the judge presiding in the Ninth Division of the Municipal Division, Kansas City, 16 ^th Judicial Circuit Court of Missouri, or if that judge is not available, than any other judge presiding in any division of the Municipal Division, Kansas City, 16 ^th Judicial Circuit Court of Missouri. The court may consider the following factors in its decision as to whether a warrant shall be issued:

(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 of life safety and imminent risk of significant property damage.

(7)

Previous unabated violations in the building or structure or on the premises.

(8)

Failure to obtain required operational permits under section 26-105.6.

Sec. 26-104.3.2. Cause. Cause supporting issuance of an investigation/inspection warrant shall be deemed to exist in light of reasonable legislation and administrative standards which show that there is reason to believe that a condition of nonconformity exist with respect to building or premises in violation of the fire prevention code and is based upon at least two factors set forth in section 26-104.3.1

Sec. 26-104.3.1.3. Emergency. The chief, fire code official or their designee may enter the premises without consent or an investigation/inspection warrant to make an inspection or enforce any of the provisions of this code only when an emergency exists as prescribed in section 26-104.11, of this code, or when the premises are abandoned.

Sec. 26-104.3.1.4. Issuance. When a complaint in writing is filed by the director of neighborhood and community services, the chief, fire code official, a police officer, a sheriff or the city attorney, and if such complaint is verified by oath or affirmation stating evidential fact from which such judge determines the existence of probable cause, then such judge shall issue an investigation/inspection warrant directed to the authorized person to inspect the structure of premises therein described for the purpose requested. Such investigation/inspection warrant maybe executed and returned only within ten days after the date of its issuance. The person authorized to inspect shall make a return promptly after concluding the investigation/inspection, and such return shall contain an itemization of all violations of this code discovered pursuant to such investigation/inspection warrant. Refusal to honor an investigation/inspection warrant and permit inspection of the premises shall constitute an ordinance violation. Execution of an investigation/inspection warrant, under this section, shall not be made by forcible entry.

Sec. 26-104.3.1.5. Scope. Unless emergency conditions exist, or until a notice of violation is afforded the person, a summons shall not be served upon a resident, property owner or other responsible person alleging a violation of this code based upon conditions discovered incidental to, and solely as result of, conducting an investigation pursuant to the authority of a search warrant, but which is not the subject of the investigation/inspection warrant.

Sec. 26-104.6. Records. The fire prevention division shall retain for not less than three (3) years a record of each inspection made showing the findings and disposition of each inspection made. If code violations are involved such record shall be kept for three (3) years after the violation has been corrected or satisfied.

Sec. 26-104.6.3. Fees for reports, documents, research and copies. The fire prevention division of the fire department shall charge a fee for reports, documents, research for documents and copies of documents pursuant to a fee schedule established by the department. Any such fee charged pursuant to the fee schedule shall not exceed the actual cost incurred in providing a report, document, research for a document or a copy of a document.

Sec. 26-104.6.3.1. Report requested by city officials. When any report kept by the chief or fire code official is requested by a city official, or representative of another governmental agency, the chief or fire code official shall furnish the requested report without charge.

Sec. 26-104.12. Emergency defined; Procedure.

(1)

Emergency defined. For the purposes of this code, an emergency means any circumstances in which it reasonably appears that there exists an immediate danger to the health, life, safety, well being or welfare of any person because of an existing dangerous condition.

(2)

Authority. In any emergency, the chief or fire code official shall have the power to take emergency measures or issue directives to abate or correct the existing dangerous condition. The emergency power herein granted shall include power to cause immediate vacancy of any building and abate the existing dangerous condition.

(3)

Emergency order not appealable. No appeal to the building and fire codes board of appeals shall lie from an emergency measure or directive, and such measure or directive shall not be reviewed or stayed other than by a circuit court of the county in which is located the premises on which the dangerous condition exists.

(4)

Temporary directive. For a dangerous condition arising after the adoption of this code that is not specifically addressed by the code but that in the opinion of the chief or fire code official is a dangerous condition that relates to the intention of this code and that constitutes a distinct hazard to life or property, the chief may issue a temporary emergency directive to address such condition. The directive shall expire not later than sixty (60) days from the date of issuance or upon the effective date of an Ordinance addressing the condition. Notwithstanding subsection (3) above, a temporary emergency directive may be appealed pursuant to section 26-108.3 of this chapter.

(Ord. No. 150169 , § 1, 4-9-15)