ORDINANCE NO. 930091
Amending Chapter 20, Code of General Ordinances of Kansas
City, Missouri, commonly referred to as the Property Maintenance Code, by
repealing Sections 20.3, 20.62, and 20.65 and adopting in lieu thereof three
new sections of like number and subject matter which would allow authorized
police officers to issue orders to vacate buildings or structures containing
Property Maintenance Code violations which may endanger its occupants; state
when an order to vacate becomes effective; specify in the order that police
officers may arrest violators; and adopting one new section which provides for
an expedited appeal procedure.
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 20.3, 20.62, and
20.65 and enacting three new Sections to read as follows:
Sec. 20.3. Definitions.
For the purpose of this article, the following terms
shall have the meanings assigned to them by this section:
(1) Accessory building or structure shall mean a
detached building or structure used in a secondary or subordinate capacity
from the main or principal building or structure on the same
(2) Approved shall mean approved by the Director of
Neighborhood and Community Services or her predecessor and defined in
promulgated rules and regulations.
(3) Basement and cellar shall be construed to have the
same meaning, that being any space located partially or totally below
the surface of the ground.
(4) Board shall be the Property Maintenance Appeals
(5) City shall mean the City of Kansas City, Missouri.
(6) Department shall mean the Neighborhood and Community
Services Department of Kansas City, Missouri.
(7) Deterioration shall mean the condition of a building
or part thereof, characterized by holes, breaks, rot, crumbling,
cracking, peeling, rusting, or other evidence of physical decay or
neglect, lack of maintenance or excessive use.
(8) Director shall mean the Director of Neighborhood and
Community Services or an authorized representative.
(9) Dwelling shall mean a building or structure or
portion of a building or structure designed for or used for human
(10) Dwelling, multiple shall mean a dwelling designed
for more than two (2) dwelling units or occupied by more than two (2)
(11) Dwelling unit shall mean any room or group of rooms
located within a dwelling and forming a single habitable unit with
cooking, living, sanitary and sleeping facilities.
(12) Extermination shall mean the control and
extermination of insects, rodents or other pests by eliminating their
harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating or trapping;
or by any other recognized and legal pest elimination method.
(13) Family shall be an individual; or two (2) or more
persons related by blood, marriage or adoption; or a group of not
more than five (5) persons (excluding servants) who need not be
related by blood or marriage, living together and subsisting in common as
a separate nonprofit housekeeping unit.
(14) Fire hazard shall mean any device, material or
condition likely to cause a fire and which is so situated as to
endanger persons or property.
(15) Floor area shall mean the total area of a habitable
room which has a minimum ceiling height of seven (7) feet.
(16) Garbage shall mean the animal and vegetable waste
resulting from the handling, preparation, cooking, serving and
nonconsumption of food.
(17) Habitable room shall mean every room in any building
or structure in which persons sleep, eat or carry on their usual
domestic or social vocations or avocations. It shall not include private
laundries, bathrooms, toilet rooms, pantries, storerooms, closets, halls,
corridors, rooms for mechanical equipment for service in the building or
other similar spaces not used by persons frequently or during extended
periods. No room shall be considered a habitable room which contains
less than seventy (70) square feet of floor area.
(18) Hot water shall be water at a temperature of not
less than one hundred twenty (120) degrees Fahrenheit.
(19) Inspector shall be an authorized representative of
(20) Kitchen shall mean any room used for the preparation
(21) Occupant shall mean any person, over one (1) year of
age, living, sleeping, cooking or eating in, or actually having
possession of, a dwelling unit or a rooming unit.
(22) Owner shall mean any person who, alone or jointly or
severally with others:
(a) Shall have legal title to any building with or
without accompanying actual possession thereof; or
(b) Shall have charge, care or control of any
building or structure, or part thereof, as agent or personal
representative of the person(s) having legal
title to the
building or structure, or part thereof.
(23) Person shall mean and include any individual,
firm, corporation, association, partnership, cooperative, or
(24) Plumbing shall mean and include all of the following
supplied facilities and equipment: Gas pipes, gas-burning equipment,
water pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed
clothes-washing machines, catch basins, drains, vents and any other
similar supplied fixtures, together with all connections to water, sewer
or gas lines.
(25) Premises shall mean a lot, plot or parcel of land,
including the building or structures thereon.
(26) Refuse shall mean unwanted or discarded waste
materials in a solid or semisolid state consisting of garbage, rubbish or
a combination thereof.
(27) Rooming house is any building or portion thereof,
containing not more than nine (9) sleeping rooms which are used by
not more than nine (9) occupants where rent is paid in money, goods,
labor or otherwise.
(28) Rooming unit shall mean any room or group of rooms
forming a single habitable unit used or intended to be used for
living and sleeping, but not for cooking purposes.
(29) Rubbish shall mean solid wastes consisting of
combustible and noncombustible waste materials from residential,
apartment, commercial, industrial and institutional establishments,
including yard wastes and items commonly referred to as "trash."
(30) Sleeping room shall mean a room whose principal use
is for sleeping purposes only.
(31) Ventilation shall mean the process of supplying and
removing air by natural or mechanical means to or from any space.
(32) Weathering shall mean deterioration, decay or damage
caused by exposure to the elements.
Sec. 20.62. Order to vacate.
Whenever the director finds that any occupied
building or structure contains a condition(s) which may endanger or materially
impair the health, safety or well-being of an occupant and which violates this
code, she may declare such structure unfit for human occupancy and order it to
be vacated immediately and remain so until a certificate of reoccupancy is
issued. Such order shall list the conditions which render the premises unfit
for human occupancy and establish a time within which the building shall be
repaired. The order to vacate shall become effective as soon as the order is
posted as set out in Section 20.65, Code of General Ordinances.
Sec. 20.65. Posting.
Every order to vacate issued in accordance with this
code shall be posted at or upon each exit of the building or structure and
shall include the list of conditions which render the premises unfit for human
occupancy. The order shall be substantially in the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
The following conditions render these premises unfit
for human occupancy:
It is an ordinance violation to occupy or permit any
person to occupy this building or to remove or deface this notice.
Any person violating an order to vacate is subject to immediate
This order has been issued by the Director of
Neighborhood and Community Services Department of the City of Kansas
Such order shall not be removed or defaced after it
is posted except with the knowledge and consent of the director. The order to
vacate shall become effective as soon as the order is posted.
Sec. 20.65.5. Appeal of order to vacate.
a) Any person entitled to be served with an order
to vacate under Section 20.64, Code of General Ordinances, shall have the right
to appeal in writing to the director. Only those matters or issues
specifically raised by the appellant shall be considered in the hearing of the
b) Every appeal shall be in writing and shall be
filed by delivery to the office of the director within five (5) days from the
date of posting of the order. The appeal shall be heard within ten (10) days
of its receipt by the director.
c) Failure of a person entitled to appeal under
this code, either to make appeal or to timely file his/her appeal, shall
constitute a waiver of his/her right to an administrative hearing and
adjudication of his/her complaint and such person shall be estopped to deny the
validity of any order to vacate.
d) There will not be a stay of enforcement of an
order to vacate after an appeal has been filed. ____________________________________________
Approved as to form and
Assistant City Attorney