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Legislation #: 110044 Introduction Date: 1/13/2011
Type: Ordinance Effective Date: 3/6/2011
Sponsor: COUNCILMEMBER SANDERS BROOK
Title: Amending Chapter 56, Code of Ordinances, by repealing Sections 56-36, Administrative citation fine for violation of article, 56-581, Penalties for violation of Article VI, and Chapter 48, Code of Ordinances, Section 48-73, Administrative citation fine for violation of chapter, and enacting in lieu thereof new sections of like number and subject matter, and enacting a new Section 56-585, Waiver of portion of administrative fines.

Legislation History
DateMinutesDescription
1/13/2011 Filed by the Clerk's office
1/13/2011 Referred to Housing Committee
1/19/2011 Hold On Agenda (2/2/2011)
2/9/2011 Hold On Agenda (2/23/2011)
2/23/2011 Advance and Do Pass as a Committee Substitute, Debate
2/24/2011 Passed as Substituted

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GOFS Penalty Increase 2011.docx Fact Sheet 23K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 110044

 

Amending Chapter 56, Code of Ordinances, by repealing Sections 56-36, Administrative citation fine for violation of article, 56-581, Penalties for violation of Article VI, and Chapter 48, Code of Ordinances, Section 48-73, Administrative citation fine for violation of chapter, and enacting in lieu thereof new sections of like number and subject matter, and enacting a new Section 56-585, Waiver of portion of administrative fines.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 56, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 56-36, Administrative citation fine for violation of article, and 56-581, Penalties for violation of Article VI, and enacting in lieu thereof new sections of like number and subject matter, and enacting a new Section 56-585, Waiver of portion of administrative fines, to read as follows:

 

Sec. 56-36.  Administrative citation fine for violation of article.

 

(a)   The administrative citation fine amount for a first violation under the provisions of this chapter shall be $100.00 and each day that a violation continues shall constitute a separate offense for which the violator may be fined.

 

(b)   The administrative citation fine for repeat violations of the same code provision by the same person at the same property within 12 months from the date of the first administrative citation shall be as set forth in the following schedule and each day that a violation continues shall constitute a separate offense for which the violator may be fined.

 

(1)

First violation

$100.00

(2)

Second violation

Not less than $100.00 but not more than $300.00

(3)

Third violation

Not less than $300.00 but not more than $500.00

(4)

Fourth and subsequent

violations

Not less than $500.00 but not more than $1,000.00

 

(c)   Any administrative citation fine which is not paid on or before its due date shall accrue a one-time penalty in an amount equal to the original administrative citation fine. Said penalty shall be collected in the same manner as the underlying fine.

 

(d)   This section shall apply to all violations of this chapter except for violations of article II, division 7. Violations of article II, division 7 shall be as stated in section 56-375.

 

(e) The director may waive a portion of the amount of administrative citation fines that have accumulated as a result of non-compliance with this code provided that the owner has properly registered the property and there are no other violations of Chapter 56 or Chapter 48 remaining on the property in question. In determining the amount to be waived, the director shall follow these guidelines:

 

(1)               Waiving an amount equal to documented expenditures by the owner for repairs to the building, or for demolition.

 

(2)               Waiving all but the amount required for demolition if the building is determined to be not feasible to repair and the owner chooses to have the City demolish it.

 

(3)               Waiving all fines charged to an owner who vacated the property after receiving a notice of foreclosure.

 

(4)               Waiving all fines if the property is donated to a local community development corporation or non-profit corporation that is willing to accept the property and presents written plans to correct existing code violations with a schedule acceptable to the director.

 

(5)               Except for (3) above, no fines can be waived if there are unpaid special assessments pending against the property.

 

Sec. 56-581.  Penalty for violation of Article VI.

 

(a)    It shall be a violation of this code to fail to register or re-register any vacant or foreclosing property regulated by article VI, and to fail or refuse, upon proper request, to provide full and correct information specified by this article. Registration requirements shall not preclude the city from taking appropriate actions to secure the property; or to issue notices of violation or notices to abate; or from acting upon imminent hazard(s). Penalties for failing to register or re-register shall be imposed as administrative citation fines. The amount of the penalty for late filings is $50.00 for the first 30 days and $100.00 for each additional 30 days of delinquency.

 

(b)   Failure to pay the administrative citation fine for more than 9 months may result in the property being reviewed for consideration for a receivership action under Article VII.

 

Sec. 56-585. Waiver of portion of administrative citation fines

 

The director may waive a portion of the amount of administrative citation fines that have accumulated as a result of non-compliance with this code provided that the owner has properly registered the property and there are no other violations of Chapter 56 or Chapter 48 remaining on the property in question. In determining the amount to be waived, the director shall follow these guidelines:

 

(1)               Waiving an amount equal to documented expenditures by the owner for repairs to the building, or for demolition.

 

(2)               Waiving all but the amount required for demolition if the building is determined to be not feasible to repair and the owner chooses to have the City demolish it.

 

(3)               Waiving all fines charged to an owner who vacated the property after receiving a notice of foreclosure.

 

(4)               Waiving all fines if the property is donated to a local community development corporation or non-profit corporation that is willing to accept the property and submits written plans to correct existing code violations with a schedule acceptable to the director.

 

(5)               Except for (c) above, no fines can be waived if there are unpaid special assessments pending against the property.

 

(6)               Waiving all but $500 if the only infraction is failure to register the vacant property, and the property has now been registered.

 

Section 2. That Chapter 48, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 48-73, Administrative citation fine for violation of chapter, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 48-73.  Administrative citation fine for violation of chapter.

 

(a)   The administrative citation fine amount for a first violation under the provisions of this chapter shall be $100.00 and each day that a violation continues shall constitute a separate offense for which the violator may be fined.

 

(b)   The administrative citation fine for repeat violations of the same code provision by the same person at the same property within 12 months from the date of the first administrative citation shall be as set forth in the following schedule and each day that a violation continues shall constitute a separate offense for which the violator may be fined.

 

(1)

First violation

$100.00

(2)

Second violation

Not less than $100.00 but not more than $300.00

(3)

Third violation

Not less than $300.00 but not more than $500.00

(4)

Fourth and subsequent

violations

Not less than $500.00 but not more than $1,000.00

 

(c)   Any administrative citation fine which is not paid on or before its due date shall accrue a one-time penalty in an amount equal to the original administrative citation fine. Said penalty shall be collected in the same manner as the underlying fine.

 

(d) The director may waive a portion of the amount of administrative citation fines that have accumulated as a result of non-compliance with this code provided that the owner has properly registered the property and there are no other violations of Chapter 56 or Chapter 48 remaining on the property in question. In determining the amount to be waived, the director shall follow these guidelines:

 

(1)               Waiving an amount equal to documented expenditures by the owner for repairs to the building, or for demolition.

 

(2)               Waiving all but the amount required for demolition if the building is determined to be not feasible to repair and the owner chooses to have the City demolish it.

 

(3)               Waiving all fines charged to an owner who vacated the property after receiving a notice of foreclosure.

 

(4)               Waiving all fines if the property is donated to a local community development corporation or non-profit corporation that is willing to accept the property and presents written plans to correct existing code violations with a schedule acceptable to the director.

 

(5)               Except for (3) above, no fines can be waived if there are unpaid special assessments pending against the property.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney