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Legislation #: 980911 Introduction Date: 7/23/1998
Type: Ordinance Effective Date: 8/16/1998
Sponsor: None
Title: Amending Chapter 52, Code of Ordinances of the City of Kansas City, Missouri, by repealing Sections 52-3, 52-4 and 52-31 and enacting in lieu thereof new sections of like number and subject matter.

Legislation History
DateMinutesDescription
7/23/1998

Prepare to Introduce

7/23/1998

Referred City Operations Committee

7/29/1998

Do Pass

7/30/1998

Assigned to Third Read Calendar

8/6/1998

Passed


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ORDINANCE NO. 980911

 

Amending Chapter 52, Code of Ordinances of the City of Kansas City, Missouri, by repealing Sections 52-3, 52-4 and 52-31 and enacting in lieu thereof new sections of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 52, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 52-3, 52-4 and 52-31 and enacting in lieu thereof new sections, to read as follows:

 

Sec. 52-3. Enforcement of chapter.

 

(a) Violations; penalty. It shall be unlawful for any owner to construct, enlarge, repair, improve, use, occupy or maintain any parking station or parking structure, partial or whole, in the city, or cause such work to be done, contrary to or in violation of any of the provisions of this chapter, or rules or regulations promulgated under this chapter. Upon conviction thereof, such person shall be punished by a fine of not more than $500.00, imprisonment for not more than six months, or both such fine and imprisonment. Each day a parking station is operated in violation of this chapter or any provision thereof shall constitute a separate offense.

 

(b) Appeals. Any decision of the director of codes administration in the enforcement of this chapter shall be subject to appeal to the building and fire codes board of appeals in the manner provided in section 18-11.

 

(c) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director of codes administration has reasonable cause to believe that there exists any condition which makes the parking station unsafe, dangerous or hazardous or there exists a violation of this chapter, the director of codes administration may enter upon the premises at all reasonable times to inspect or to perform any duty imposed upon the director, provided that the director shall first request entry to inspect any area not properly open to the director.

 

Sec. 52-4. Definitions.

 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Commercial parking station means a parking station which charges an hourly or weekly fee for storing motor vehicles.

 

Free parking station means a motor vehicle parking facility operated exclusively for the benefit of tenants, employees, customers, patrons or clients and one for which no fee is charged. If a fee is charged for parking in excess of a specified length of time, or if a penalty is imposed for unauthorized parking, a sign must be posted in a location easily visible to incoming traffic indicating the fees to be charged and the names of the firms providing the facility.

 


Interim parking station means a parking station operated on a full-time basis, which is planned for some future purpose other than as a parking station.

 

Motor vehicle means an automobile, truck, motor scooter, motorcycle, motor tricycle or any other self-propelled motor vehicle.

 

Owner means any person, employee, firm or corporation, partnership, association, organization or governmental agency properly regulated by the city who, alone or jointly or severally with others:

 

(1) Shall have legal title to any building with or without accompanying actual possession thereof; or

 

(2) Shall have charge, care or control of any building or structure, or part thereof, as agent or personal representative of the person having legal title to the building or structure, or part thereof.

 

Parking station means a structure, place, parcel of ground, yard or enclosure used in whole or in part for parking of motor vehicles. The term ``parking station'' includes what are commonly known as parking facilities, parking lots or parking spaces.

 

Residential parking space means an off-street space provided for the parking of motor vehicles in conjunction with a one- or two-family dwelling or a townhouse.

 

Sec. 52-31. Periodic inspection of multilevel structures.

(a) Each owner of a multilevel parking station structure in its 15th year of age and every five years thereafter shall cause it to be inspected for structural adequacy by a registered professional engineer licensed in the State of Missouri. A form known as the Parking Structure Periodic Inspection Report shall be completed, sealed by the professional engineer who performed the inspection, and submitted to the director of codes administration to verify the conditions found. The Parking Structure Periodic Inspection Report shall be submitted by June 1st of the sixteenth year and every five years thereafter.

 

(b) If the Parking Structure Periodic Inspection Report certifies that all applicable structural elements are satisfactory or if the Parking Structure Periodic Inspection Report certifies that there are some limited concerns and the professional engineer certifies that the structure has sound structural integrity, and should be considered safe for occupancy, then the director of codes administration shall issue a letter of acceptance. Such letters of acceptance shall expire 5 years from the date they are issued. Letters of acceptance may be revoked before expiration by the director of codes administration if the condition of the structure becomes unsafe.

 

(c) If the Parking Structure Periodic Inspection Report indicates that the parking structure or part of the structure is unsafe or incapable of carrying the loads for which it was designed without repairs or modifications, the director of codes administration may require the owner to immediately vacate the entire structure or that part of the structure which is deemed unsafe. The structure or that part of the structure that is ordered vacated shall remain unused and unoccupied by either persons or vehicles until proper repairs or modifications render the structure safe and the opinion as required in (b) by the professional engineer is given. Once the required repairs or modifications have been completed and the professional engineer certifies that it has sound structural integrity and should be considered safe for occupancy, the director of codes administration shall issue a letter of acceptance as required in (b) and the structure shall be allowed to be occupied.

 

(d) No owner shall use or occupy a multilevel parking structure which structure is over the age of 16 years without a letter of acceptance as referred to in section (b) above.

 

________________________________________________________

 

Approved as to form and legality:

 

 

 

______________________________

Assistant City Attorney