§ 56-5. Right of entry.

(a)

Whenever necessary to make an inspection or to enforce the provisions of articles II, III and V of this chapter, or whenever the director, or the director's authorized representative has reasonable cause to believe that there exists in any building or structure any condition which makes such building or structure unsafe, the director or the director's authorized representative may enter the building or structure during normal work hours, or in the case of an emergency at any reasonable time to inspect the same or to perform any duty imposed upon the director by this code; provided, if such property be occupied, the director or the director's authorized representative shall 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 a warrant from the judge presiding in the Ninth Division, or if that judge is not available, from any other judge presiding in the Municipal Division, Kansas City, 16th Judicial Circuit Court of Missouri.

(c)

The director or the director's authorized representative may enter the premises without consent or a search warrant to make an inspection or enforce any of the provisions of this code only when an emergency exists as prescribed in sections 56-284 and 56-540.

(d)

Unless emergency conditions exist, or until a notice of violation and a reasonable opportunity to correct the violation is afforded the person, a summons shall not be served upon a resident, property owner, or other responsible person, which alleges a violation of articles II, III and V of this chapter based upon conditions discovered incidental to, and solely as a result of, conducting an investigation pursuant to the authority of a search warrant, but which is not the subject of the search warrant.

(Ord. No. 150829 , § 1, 10-15-15)