COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 060664
Calling for submission to the
voters of Kansas City, at a special election to be held on November 7, 2006, a question authorizing the City Council to establish by ordinance a program to
regulate residential rental properties; directing the City Clerk to notify the
responsible election authorities of the election not later than August 29, 2006; and stating the intent of the City Council to seek revisions in state law
to allow civil penalties for code enforcement violations and to expand the use
of receiverships for absentee-owned properties.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1.
REGISTRATION. Owners of residential rental property shall file an
initial registration statement and a registration statement whenever ownership
of residential rental property changes.
Section 2.
INSPECTIONS. All residential rental property that is over 30 years old
shall be systematically inspected for substandard conditions over a three year
period and all residential rental property shall be inspected whenever reports
of substandard conditions are received from the public.
Section 3.
RESIDENTIAL RENTAL PROPERTY COMMISSION. A Residential Rental Property
Commission shall be established to monitor program performance, costs, and
revenues; to recommend fees needed to ensure effective performance; to
establish criteria used to rate a rental dwelling as substandard; and to
recommend an ongoing schedule for systematic inspections after considering the
findings of the inspections completed in the first three year period.
Section 4.
FEES. That property owners pay late fees of up to $100.00 per dwelling unit
for each month the registration statement is submitted late; fees of up to
$400.00 per unit for follow up inspections made necessary when substandard
conditions are found to exist; and the authorized amount for fees may increase
by the percentage increase in the Consumer Price Index.
Section 5.
LEGISLATIVE ACTIONS. That the City Council states its intent to seek
legislative actions in the next Missouri legislative session to authorize civil
penalties for code violations and to expand the use of receiverships for absentee-owned
properties.
Section 6.
ELECTION CALLED. That an election is called on November 7, 2006, for the purpose of submitting to the voters of Kansas City a question authorizing
the city council to establish by ordinance a program to regulate residential rental
properties and to use the aforementioned fees to cover the cost of
administering the program.
Section 7.
NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of
this ordinance the City Clerk shall deliver certified copies of this ordinance
and notice of election to the Clerk of Cass County, Board of Election
Commissioners of Clay County, Board of Election Commissioners of Kansas City,
and Board of Election Commissioners of Platte County, not later than August 29, 2006, which shall be the authority of each election authority of the City to
submit the question to the electors of Kansas City and to give public notice as
provided by law.
Section 8.
NOTICE OF ELECTION. The notice of election shall read as follows:
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NOTICE OF ELECTION
KANSAS CITY, MISSOURI
Notice
is hereby given that the City of Kansas City has called a special election to
be held on Tuesday, November 7, 2006, between the hours of 6:00 a.m. and 7:00
p.m., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.
The official ballot will be
in substantially the following form:
OFFICIAL BALLOT
CITY OF KANSAS CITY
SPECIAL ELECTION, NOVEMBER 7, 2006
QUESTION NO. _____
Should
the city council of Kansas City be authorized to regulate residential rental
properties through the establishment of registration and dwelling inspection
requirements, with fees charged to the landlord of up to $100.00 per unit for
each registration that is submitted late and fees charged to the landlord of up
to $400.00 per unit for follow up inspections made necessary when substandard
conditions are found to exist, to cover the cost of administering the program;
and to establish a residential rental property commission with members
representing landlords, neighborhood associations, and tenants, to monitor
program activities and to recommend program revisions, including fee adjustments,
to the city council?
_____ Yes _____
No
(Instructions to voters
will be supplied by the election authorities.)
A full and
complete copy of Committee Substitute for Ordinance No. 060664 submitting the
above question to the electorate is on file in the office of the City Clerk of
Kansas City, Missouri where the same is open for inspection and copying.
The polling places for the
election will be (INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY)
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I hereby certify that the foregoing
is the legal notice to be published pursuant to Section 115.127, RSMo, as
amended.
Given under my
hand and the official seal of the Kansas City, Missouri, this _____ day of
_______________, 2006.
(SEAL)
__________________________________
MILLIE
CROSSLAND
City Clerk of Kansas City, Missouri
Before me, a
notary public, personally appeared Millie Crossland, to me known to be the City
Clerk of Kansas City, Missouri, and the person who acknowledged to me that she
executed the same for the purposes therein stated.
__________________________________
Notary
Public
My Commission
Expires:____________________________
______________________________________________
Approved as to
form and legality:
_____________________________
Nicole Rowlette
Assistant City Attorney