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Home My WebLink AboutOrdinance #1195:. t f t „ ORDINANCB NO. 1195 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CANTON MUNICIPAL CODE BY ADDING THERETO SECTION 25 RELATING TO THE ISSUANCE OF SEARCH WARRANTS IN CODE ENFORCEMENT ACTIONS WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to articulate certain minimal criteria to be met in support of issuance of search warrants in support of code enforcement actions; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 6, Chapter 3 of the Canton Municipal Code is hereby amended by adding thereto the following Section 25 to read as follows: 'SEARCH WARRANTS - CODE ENFORCEMENT 6-3-25.1: Where no consent has been given to enter or to inspect any property or place, real or personal, and where the officer does not otherwise have a legal right to enter or inspect the property or place in the City of Canton, no entry or inspection shall be made without the procurement of a search warrant frorn the Fulton County Circuit Court. The Court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a search warrant shall issue: A. Eyewitness account of apparent violation; B. Citizens complaint; C. Tenant complaints; D., Plain view violations; E. Violations apparent from City records; F. Property deterioration; t G. Age of Property; H. Nature of alleged violation; I. Similar properties in the area; J. Documented violations of similar properties in the area; K. Passage of time since last inspection; L. Previous violations on the property; M. General reputation of the place; N. General reputation of the inmates of the place, and of those resorting thereto. Cause for issuance of the search warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of non-conformity exists with respect to a particular property or place in violation of the Canton Municipal Code." 3. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 3rd day of May , 1988, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS: None. ABSENT: None. APPROVED: /~ /.) L ~12i~2G~ Z~ ' ~ 2 Donal E. Edwards, Mayor. ATTEST: ~, Nan y Wh tes, City Clerk. -2- .• ORDINANCE NO. 1195 AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 OF THE CANTON MUNICIPAL CODE BY ADDING THERETO SECTION 2~.RELATING TO THE ISSUANCE OF SEARCH WARRANTS IN CODE ENFORCEMENT ACTIONS WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to articulate certain minimal criteria to be met in support of issuance of search warrants in support of code enforcement actions; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 7, Chapter 1 of the Canton Municipal Code is hereby amended by adding thereto the following Section 27 to read as follows: "SEARCH WARRANTS - CODE ENFORCEMENT J 7-1-2~t.1: Where no consent has been given to enter or to inspect any property or place, real or personal, and where the officer does not otherwise have a legal right to enter or inspect the property or place in the City of Canton, no entry or inspection shall be made without the procurement of a search warrant from the Fulton County Circuit Court. The Court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a search warrant shall issue: A. Eyewitness account of apparent violation; B. Citizens complaint; C. Tenant complaints; D. Plain view violations; E. Violations apparent from City records; F. Property deterioration; • G. Age of Property; H. Nature of alleged violation; I. Similar properties in the area; J. Documented violations of similar properties in the area; K. Passage of time since last inspection; L. Previous violations on the property; M. General reputation of the place; N. General reputation of the inmates of the place, and of those resorting thereto. Cause for issuance of the search warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of non-conformity exists with respect to a particular property or place in violation of the Canton Municipal Code." 7-1-27.2: APPLICATION FOR SEARCH WARRANT. The application for a search warrant shall be made through the Office of the Canton City Attorney. The police officer or other City officer having actual knowledge of the facts shall sign the verified complaint and shall accompany the City Attorney and appear before a Judge who may put the applicant under oath and question the applicant. 7-1-27.3: APPLICATION TO MUNICIPAL CODE. This Section respecting search warrants in enforcement of municipal code enforcement actions shall apply to all violations appearing in the Canton Municipal Code, to all uniform codes adopted by the City of Canton and to other similar codes, and to all other matters imposed upon the City of Canton by law, or, to all other matters where enforcement has been delegated to the City of Canton." 3. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton -2- County, Illinois, at a regular meeting this Sri day of ~ZaY , 1988, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, ~4eade, Sarff, Steck, Zi11y, Kovachevich. NAYS: None. ABSENT: None. APPROVED: Donald E. Edwards, Mayor. ~ ATTEST: Nancy Whites, City Clerk. ~ CITY OF CANTON ORDINANCE N0. 1195 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS 3rd DAY OF May , 19 88 . Published in pamphlet form by authority of the City Council of the City of Canton, Fulton County, Illinois, this 3rd day of May 1 g 88 STATE OF ILLINOIS, SS. COUNTY OF FULTON. ) I, the undersigned, certify that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on ~,Ta~, Sri , 19~g_, the Corporate Authorities of the aforesaid municipality passed and approved the aforesaid Ordinance No.~lg~_, entitled ~ nRT~TNANC'F AMT~'NT)TN(= TTTT,E 7~ C:NAPTER. 1 OF THE [''ANION MTTNTCTPAL COT)R RY Al~1~TNC'7 THERETO SECTION 27 RET.ATTNG TO THE TSS TAN C' OF SEARCH which provided by its terms that it should be published in pamphlet form. The pamphlet form of the aforesaid Ordinance No. 1195 including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the City Building, 210 E. Chestnut Street, Canton, Illinois, commencing on ~,y 4th , 19~_, and continuing for at least ten (10) days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the City Clerk. DATED at Canton, Illinois this 4th day of MaY , 19~g. ~.- C ty Clerk. ( S E A L)