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Legislation #: 080689 Introduction Date: 7/10/2008
Type: Ordinance Effective Date: 8/3/2008
Sponsor: None
Title: Amending Chapter 48, Nuisances, and Chapter 56, Property Maintenance Code, of the Code of Ordinances, by repealing Sections 48-64, Appeals, 56-286, Order to correct violations, and 56-290, Request for administrative hearing, and enacting in lieu thereof new sections of like number and subject matter to clarify appeal rights for chronic nuisances and failure to register rental property.

Legislation History
DateMinutesDescription
7/9/2008 Filed by the Clerk's office
7/10/2008 Referred to Public Safety and Neighborhoods Committee
7/16/2008 Hold On Agenda (7/23/2008)
7/23/2008 Advance and Do Pass, Debate
7/24/2008 Passed

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080689.pdf Authenticated 136K Authenticated
080689com.doc Advertise Notice 37K compared version - 2nd
080689com.doc Advertise Notice 37K compared version
fact sheet.doc Advertise Notice 147K fact sheet

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ORDINANCE NO. 080689

 

Amending Chapter 48, Nuisances, and Chapter 56, Property Maintenance Code, of the Code of Ordinances, by repealing Sections 48-64, Appeals, 56-286, Order to correct violations, and 56-290, Request for administrative hearing, and enacting in lieu thereof new sections of like number and subject matter to clarify appeal rights for chronic nuisances and failure to register rental property.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 48, Nuisances, and Chapter 56, Property Maintenance Code, of the Code of Ordinances of the City of Kansas City, Missouri, are hereby amended by repealing Sections 48-64, Appeals, 56-286, Order to correct violations, and 56-290, Request for administrative hearing, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 48-64. Appeals.

 

(a)   Any person entitled to be served with an order to remove nuisances other than an order charging a property as a chronic nuisance under section 48-50 shall have the right to appeal from said order to the property maintenance appeals board. The property maintenance appeals board, as established by chapter 56, shall hear each duly filed appeal and decide whether to affirm, amend or reverse the order to remove nuisances. In doing so, the property maintenance appeals board may interpret the provisions of this chapter. The property maintenance appeals board shall have all other powers granted it by chapter 56.

 

(b)   An appeal shall be in writing and shall be in such form and provide such information as the property maintenance appeals board may by regulation require. An appeal must be delivered to the office of the director of neighborhood and community services within ten (10) days from the date of service of the order to remove nuisances. Only those matters or issues specifically raised by the appellant in the written appeal shall be considered in the appeal hearing.

 

(c)   Except for emergency orders or actions, the timely filing of an appeal to the property maintenance appeals board shall stay enforcement of the order to remove nuisances, including abatement, until the appeal is finally determined. Failure of a person entitled to appeal under this chapter either to make appeal or to timely file his appeal shall constitute a waiver of his right to an administrative hearing and adjudication of his complaint, and such person shall be estopped to deny the validity of any order or action which could have been timely appealed.

 

(d)   The method of judicial review of any decision of the property maintenance appeals board upon an order or action taken pursuant to this chapter shall be as provided by RSMo Chapter 536.

 

Sec. 56-286. Order to correct violations.

 

Except in emergency cases, the director shall issue a notice and order stating the deficiencies found on the premises, identifying them as violations of this code and ordering the owner or occupant to correct such violations. This notice and order shall:

 

(1)    Be in writing.

 

(2)    Set forth the alleged violations of this code.

 

(3)    Describe the premises where the violations are alleged to exist or to have been committed.

 

(4)    Specify a period of 30 days for the correction of any violation alleged other than a violation of section 56-352 and advising the owner or occupant of his right to appeal. Property owners shall be allowed 15 days for the correction of an alleged violation of section 56-352 and any appeal shall be made to the Hearing Officer as described in section 56-290.

 

(5)    Be served upon the owner or occupant of the premises by delivery of a copy of the notice and order to such owner or occupant personally or by leaving such copy at their usual place of abode with a member of the family over the age of 15 years or by mail addressed to the owner, occupant or agent thereof. If one or more persons to whom such notice and order is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice and order in or about the premises described in the notice and order, and by causing such notice and order to be published in a newspaper of general circulation.

 

Sec. 56-290. Request for administrative hearing.

 

(a) Any recipient of a notice and order to register rental property or an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for administrative hearing petition and returning it to the director along with a filing fee of $20.00, within twenty (20) days from the date of the administrative citation.

 

(b) A request for administrative hearing petition may be obtained from the neighborhood preservation division.

 

(c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

 

(d) If the code enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

 

(e) The director may request and schedule an administrative hearing within ninety (90) days of the issuance of an administrative citation.

 

________________________________________________

 

Approved as to form and legality:

 

 

Nicole Rowlette

Assistant City Attorney