City of Warsaw, MO Chapter 255 Administrative Search Warrant

Section 255.010 Definition And Purpose.

[Ord. No. 336, 8-6-2018]

A. An administrative search warrant order of the Municipal Judge permitting City officials to enter upon or into private property for the purpose of enforcing the ordinances of the City of Warsaw pertaining to housing, zoning, nuisance, health and safety regulations when entry by a government official upon or into such private property is otherwise authorized by Missouri law. A search warrant may be issued only in conformance with the Section and only for the enforcement of the ordinances of the City of Warsaw pertaining to housing, zoning, nuisance, health and safety regulations specifically:

1. To abate such physical conditions on private property constituting a public nuisance or otherwise in violation of specified regulation as provided herein;

2. To inspect private property to determine or prove the existence of physical conditions in violation of such a specified regulation; and

3. To seize, photograph, copy or record evidence of the violation of a specified regulation.

Section 255.020 Requirements.

[Ord. No. 336, 8-6-2018]

A. The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the City of Warsaw may issue an administrative warrant when:

1. The property to be entered is located within the City of Warsaw limits and the owner or occupant of the property to be entered:

a. Has refused to allow entry after an official request by the City; or

b. Is not available, after reasonable investigation and effort to contact the owner or occupant to request consent to such entry or inspection; and

2. The City establishes probable cause to determine that a public nuisance or other violation of a specified regulation m provided herein may exist.

Section 255.030 Application.

[Ord. No. 336, 8-6-2018]

A. Any such warrant shall be directed to the Building Inspector or any Police Officer of the City and shall be executed by the Building Inspector or Police Officer, in conjunction with any other appropriate official of the City of Warsaw.

1. Application for an Administrative Search Warrant shall be made by the City Attorney to the Municipal Court Judge.

a. The Application for Administrative Search Warrant must be supported by an Affidavit containing a factual basis for probable cause to determine that a public nuisance or other violation of a specified regulation as provided herein may exist.

b. An Affidavit may be prepared and submitted to the City Attorney by the Building Inspector or Police Officer.

2. The application for an Administrative Search Warrant 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 officer executing the warrant can readily ascertain it;

d. State that the owner or occupant of the property has either been requested by the City to allow such action and has refused to allow such action, or 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 or safety regulation 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 an additional 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.

Section 255.040 Hearing And Procedure — Contents Of Warrant — Execution And Return.

[Ord. No. 336, 8-6-2018]

A. Hearing And Procedure.

1. The Municipal Judge shall determine whether probable cause exits to enter the private property for the purposes noted herein.

2. 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.

3. 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.

4. 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.

B. Contents Of Warrant. The warrant shall:

1. Be in writing and in the name of the City;

2. Be directed to any Police Officer in the City;

3. State the time and date the warrant was issued;

4. Identify the property to be entered in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

5. 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;

6. Be signed by the judge, with his/her title of office indicated.

C. Execution And Return.

1. A warrant issued under the Chapter shall be executed only by a City Police Office, provided, however, that one (1) or more designated City Officials may accompany the officer, and the warrant shall be executed in the following manner:

a. The warrant may be issued by facsimile or other electronic means.

b. 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.

c. The officer shall give the owner or occupant of the property entered a copy of the warrant.

d. If any property is seized incident to the entry, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, or if no such person is ascertainable, the officer shall leave the receipt at the site of the entry in a conspicuous place. 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. 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 the same, then with Section 542.301, RSMo.

e. The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant.

f. An officer executing an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.

g. 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.

2. After execution of the warrant, the warrant, with a return thereon signed by the officer executing the warrant, shall be delivered to the Municipal Court in the following manner:

a. 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.

b. 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.