2009-04-20 Regular Council Meeting Agenda

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SECTION 104 DUTIES AND POWERS ( OF THE CODE OFFICIAL ) 104.7 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of the code. Such records shall be retained in the official records for the period required for retention of public records. 104.90 Search warrants. 1. A search warrant may be issued by the municipal judge commanding the search of a structure or premises within the territorial jurisdiction of the city and the municipal judge to search and seize, or photograph, copy or record any property, structure or premises which are in or used in violation of this chapter. 2. The code official or any peace officer may make application for the issuance of a search warrant. The application shall: (1) Be in writing; (2) State the time and date of the making of the application; (3) Identify the structure or premises which are to be searched in sufficient detail and particularity that the code official or peace officer executing the warrant can readily ascertain the structure or premises; (4) Identify the place or thing which is to be searched, in sufficient detail and particularity that the code official or peace officer executing the warrant can readily ascertain what he/she is to search; (5) State facts sufficient to show probable cause for the issuance of a search warrant; (6) Be verified by the oath or affirmation of the applicant; (7) Be filed in municipal court; (8) Be signed by the prosecuting attorney. 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 search warrant and in filling out any deficiencies in the description of the structure or premises to be searched. Oral testimony shall not be considered. 4. The municipal judge shall hold a non-adversary hearing to determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavit that there is probable cause to believe that the place or thing subject to search is in or on the structure or premises described, a search warrant will be immediately issued. The warrant shall be issued in the form of an original and two copies. 5. The application and any supporting affidavit and a copy of the warrant shall be retained in the records of the municipal court. 6. The search warrant shall: (1) Be in writing and in the name of the City of University City; (2) Be directed to the code official or any peace officer; (3) State the time and date the warrant is issued; (4) Identify the structure or premises which are to be searched in sufficient detail and particularity that the code official or peace officer executing the warrant can readily ascertain the structure or premises; (5) Identify the place or thing which is to be searched in sufficient detail and particularity that the code official or peace officer executing the warrant can ascertain what he/she is to search;