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Legislation #: 910234 Introduction Date: 3/7/1991
Type: Ordinance Effective Date: 3/31/1991
Sponsor: None
Title: Amending Chapter 20 and Chapter 25, Code of General Ordinances of Kansas City, Missouri, commonly referred to respectively as the Property Maintenance Code and the Nuisance Code by repealing Sections 20.5, 20.84, 20.131 and 25.12, and adopting in lieu thereof four new sections of like subject matter that would change the minimum penalty schedule for fines under the Property Maintenance Code and the Nuisance Code.

Legislation History
DateMinutesDescription
3/6/1991

Prepare to Introduce

3/7/1991

Referred Finance Committee

3/13/1991

Do Pass

3/14/1991

Assigned to Third Read Calendar

3/21/1991

Passed


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ORDINANCE NO. 910234

 

Amending Chapter 20 and Chapter 25, Code of General Ordinances of Kansas City, Missouri, commonly referred to respectively as the Property Maintenance Code and the Nuisance Code by repealing Sections 20.5, 20.84, 20.131 and 25.12, and adopting in lieu thereof four new sections of like subject matter that would change the minimum penalty schedule for fines under the Property Maintenance Code and the Nuisance Code.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 20, Code of General Ordinances of Kansas City, Missouri, commonly referred to as the Property Maintenance Code, is hereby amended by repealing Sections 20.5, 20.84, and 20.131 and enacting new sections to read as follows:

 

Section 20.5. Penalties.

 

(a) Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than fifty dollars ($50.00), but not more than five hundred dollars ($500.00) or by imprisonment of not more than one hundred eighty (180) days or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein.

 

(b) Every day that a violation continues shall be considered a separate offense, for which the violator may be arrested, tried and convicted without necessity of further notice.

 

(c) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

 

First offense .......................$ 50.00

Second offense....................... 100.00

Third offense........................ 300.00

Fourth and subsequent offenses....... 500.00

 

In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found, guilty of violating the same minimum standard at the same location.

 

Section 20.84. Penalties.

 

(a) Any person convicted of a violation in this article shall be punished for that violation by a fine of not less than fifty dollars ($50.00), but not more than five hundred dollars ($500.00), or by imprisonment of not more than one hundred eighty (180) days, or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein.

 


(b) Every day that a violation continues shall be considered a separate offense, for which the violator may be arrested, tried and convicted without necessity of further notice.

 

(c) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

 

First offense .......................$ 50.00

Second offense....................... 100.00

Third offense........................ 300.00

Fourth and subsequent offenses....... 500.00

 

In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found, guilty of violating the same minimum standard at the same location.

 

Section 20.131. Violations and Penalties.

 

(a) General: It shall be unlawful for any person, firm, corporation, partnership, association or other organization to own and maintain a dangerous building as defined in Section 20.127(a); to fail to comply with an order of the Director of Neighborhood and Community Services as set forth in Section 20.127(k); or to erect, construct, enlarge, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any dangerous building or structure, partial or whole, or cause the same to be done, contrary to or in violation of any of the provisions of this article, or rules or regulations promulgated thereunder.

 

(b) Violations: Any person, firm, corporation, partnership, association or other organization violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted shall be a separate offense.

 

(c) Penalties:

 

(1) Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than

fifty dollars ($50.00), but not more than five hundred

dollars ($500.00), or by imprisonment of not more than

one hundred eighty (180) days, or by both such fine and

imprisonment. All fines imposed shall be in accordance

with the minimum fine schedule set out in subsection (2)

herein.

 

(2) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum

amount set out in the following schedule:

 


First offense .......................$ 50.00 Second offense....................... 100.00

Third offense........................ 300.00

Fourth and subsequent offenses....... 500.00

 

In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found, guilty of violating the same minimum standard at the same location.

 

Section 2. That Chapter 25, Code of General Ordinances of Kansas City, Missouri, commonly referred to as the Nuisance Code, is hereby amended by repealing Section 25.12 and enacting a new section to read as follows:

 

Section 25.12. Penalties.

 

.01. Any person convicted of a violation of this chapter shall be punished for that violation by a fine of not less than fifty dollars ($50.00), but not more than five hundred dollars ($500.00) or by imprisonment of not more than one hundred eighty (180) days or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (.03) herein.

 

.02. Every day that a violation continues shall be considered a separate offense, for which the violator may be arrested, tried and convicted without necessity of further notice.

 

.03. Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

 

First offense .......................$ 50.00

Second offense....................... 100.00

Third offense........................ 300.00

Fourth and subsequent offenses....... 500.00

 

In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found, guilty of causing or permitting the same nuisance at the same location.

 

_______________________________________

 

 

Approved as to form and legality:

 

 

 

________________________________

Assistant City Attorney