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6781
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Last modified
8/19/2009 9:33:52 AM
Creation date
11/5/2014 12:25:54 PM
Metadata
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Template:
City Ordinances
Passed
4/20/2009
Ordinance Number
6781
Bill Number
9026
Introdate
4/6/2009
Description
Property Maintenance code
Introduced By
Mr. Wagner
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<br /> <br /> <br /> <br /> <br /> <br /> (6) Command that the structure, premises, place or thing be searched and that any of the <br /> described property, article, material or substance found thereon or therein and seized or <br /> photographed or copied be returned, or the photograph or copy be brought, within ten days after <br /> filing of the application, to the municipal judge who issued the warrant, to be dealt with <br /> according to law; <br /> (7) Be signed by the municipal judge, with his/her title of office indicated. <br /> 7. A search warrant issued under this section may be executed only by the code official or a <br /> peace officer. The warrant shall be executed by conducting the search and seizure commanded. <br /> 8. A search warrant shall be executed as soon as practicable and shall expire if it is not executed <br /> and the return made within ten days after the date of the making of the application. <br /> 9. After execution of the search warrant, the warrant with a return thereon, signed by the code <br /> official or peace officer making the search, shall be delivered to the municipal judge who issued <br /> the warrant. The return shall show the date and manner of execution, what was seized, and the <br /> name of the possessor and of the owner, when he/she is not the same person, if known. The <br /> return shall be accompanied by a copy of the itemized receipt required by paragraph 14. The <br /> municipal judge or clerk shall, upon request, deliver a copy of such receipt to the person from <br /> whose possession the property was taken and to the applicant for the warrant. <br /> 10. A search warrant shall be deemed invalid: <br /> (1) If it was not issued by a municipal judge; or <br /> (2) If it was issued without a written application having been filed and verified; or <br /> (3) If it was issued without probable cause; or <br /> (4) If it was not issued in the city; or <br /> (5) If it does not describe the structure, premises, place or thing to be searched or the property, <br /> article, material or substance to be seized with certainty; or <br /> (6) If it is not signed by the municipal judge who issued it; or <br /> (7) If it was not executed within the time prescribed in paragraph 8. <br /> 11. The search shall be conducted in a reasonable manner. The search may be made at night if <br /> making it during the day is not practicable. <br /> 12. A code official or peace officer making a search pursuant to an invalid warrant, the invalidity <br /> of which is not apparent on its face, may use such force as he/she would be justified in using if <br /> the warrant were valid. <br /> 13. The code official or peace officer may summon as many persons as he/she deems necessary <br /> to assist him/her in executing the warrant. Such persons shall not be held liable as a result of the <br /> illegality of the search and seizure. <br /> 14. If any property is seized, the code official or peace officer shall give to the person from <br /> whose possession it is taken, if he/she is present, a copy of the warrant and an itemized receipt of <br /> the property taken. If no person is present, the code official or officer shall leave the copy and the <br /> receipt at the site of the search. <br /> 15. A copy of the itemized receipt of any property taken shall be delivered to the office of the <br /> prosecuting attorney within two working days. <br /> (SECTION 106 VIOLATIONS) <br /> <br /> 106.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, <br /> alter, extend, repair, remove, demolish, maintain, provide, fail to provide, use or occupy, let to <br /> another for use or occupancy or permit another person to use or occupy any structure, premises, <br /> <br /> <br /> 4 <br />
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