§ 34-405. Inspections.

(a)

Upon reasonable suspicion by the director of a lead poisoning hazard, regardless of source, the director shall inspect the dwelling for the presence of lead-bearing substances in or upon any open or exposed surfaces by use of an in situ analyzer device, or by removing samples for laboratory analysis. The director, for the purposes of this article, shall have the right to enter and inspect any dwelling for the presence of lead-bearing substances upon a report of the director that a child has an elevated blood lead level, pursuant to the standard determined by the director, and that the child is an inhabitant or frequent visitor to the dwelling.

(b)

If consent has not been given to enter the premises, building or structure to inspect alleged violations of this article, no entry, inspection or testing shall be made without the procurement of a warrant from a judge presiding in the Municipal Division, Kansas City, 16th Judicial Circuit Court of Missouri. If a complaint in writing is filed by the director of health or the director's authorized representative, any police officer, deputy or city attorney of the city, with the Municipal Division judge stating that he or she has probable cause to believe there exists in the premises, more particularly described therein, a violation or violations of the provisions of this article and is within the territorial jurisdiction of the city, and if such complaint is verified by the oath or affirmation stating evidential facts from which such judge determines the existence of probable cause, then such judge shall issue a search warrant directed to the authorized person to search the premises, building or structure therein described for the purposes requested or conduct any tests authorized by this article therein. Such search warrant may be executed and returned only within ten days after the date of its issuance. The person authorized to search and conduct tests shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this article discovered pursuant to such search and tests. Refusal to allow entry upon presentation of a search warrant shall be an ordinance violation.

(c)

If any citizen has reason to suspect a lead poisoning hazard, the director shall provide such information that the citizen may take steps to prevent lead poisoning and pursue obtaining an inspection from a qualified lead inspector.

(Ord. No. 120725, § 1, 9-6-12)