SUBSTITUTE FOR ORDINANCE NO. 071046, AS AMENDED
Establishing a prioritized
property inspection and rental housing registration program by amending Chapter
56, Code of Ordinances, by repealing Sections 56-32, 56-33 and 56-36, and
enacting in lieu thereof new sections of like number and subject matter, and
enacting new Sections 56-351 through 56-376.
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 56-32, 56-33 and 56-36 and enacting in lieu
thereof new sections of like number and subject matter, and enacting new
Sections 56-351 through 56-376 to read as follows:
Sec. 56-32. Scope of article.
provisions of this article shall apply to every building and its premises used
in whole or in part as a dwelling, irrespective of the primary use of such
building, and irrespective of when such building may have been constructed,
altered or repaired. This article shall further apply to all accessory
buildings or structures.
article establishes minimum standards for occupancy and the maintenance of the
building and the grounds surrounding such building, and does not replace or
modify standards otherwise established for construction, replacement or repair
of buildings, except such as are contrary to the provisions of this article.
Sec. 56-33. Definitions.
words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a
building or structure means a detached building or structure used in a
secondary or subordinate capacity from the main or principal building or
structure on the same premises.
approved by the director of neighborhood and community services or his or her
predecessor and defined in promulgated rules and regulations.
Basement and cellar
have the same meaning, that being any space located partially or totally below
the surface of the ground.
the property maintenance appeals board.
of compliance means a certificate issued by the director stating that a
structure or portion thereof complies with the requirements of this chapter and
Chapter 48, Nuisances.
the City of Kansas City, Missouri.
the neighborhood and community services department of the city.
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.
the director of neighborhood and community services or an authorized
any habitable structure containing two single dwelling units.
a building or structure or portion of a building or structure designed for or
used for human habitation.
multiple means a dwelling designed for more than two dwelling units or
occupied by more than two families.
Dwelling unit means
any room or group of rooms located within a dwelling and forming a single habitable
unit with cooking, living, sanitary and sleeping facilities.
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.
means an individual; or two or more persons related by blood, marriage or
adoption; or a group of not more than five persons, excluding servants, who
need not be related by blood or marriage, living together and subsisting in
common as a separate nonprofit housekeeping unit.
Fire hazard means
any device, material or condition likely to cause a fire and which is so
situated as to endanger persons or property.
Floor area means
the total area of a habitable room which has a minimum ceiling height of seven
the animal and vegetable waste resulting from the handling, preparation,
cooking, serving and nonconsumption of food.
room means 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 70 square feet of floor area.
Hot water means
water at a temperature of not less than 120 degrees Fahrenheit.
an authorized representative of the director.
means any room used for the preparation of foods.
any person who has a legal or equitable interest in a parcel of real property
other than a fee interest, including a life tenant, lessee, tenant at will,
tenant at sufferance or adverse possessor, as well as a person in possession or
a person who has charge, care or control of the parcel of real property, as the
agent or personal representative of the person holding legal title to a fee
interest. Possession, charge, care or control may include living, sleeping,
cooking or eating in the parcel of real property.
any person who, alone or jointly or severally with others:
(1) Shall have legal title to any parcel of real
property, building or structure, or part thereof, with or without accompanying
actual possession thereof; or
(2) Shall have charge, care or control of any
parcel of real property, 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; or
have possession or right to possession under a contract for deed.
means and includes any individual, firm, estate, cooperative, governmental
agency, corporation, limited liability corporation, association or partnership
and the partners, members, or officers thereof. It shall also include a
personal representative, executor, administrator, trustee, receiver or other
representative appointed according to law.
means 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
a lot, plot or parcel of land, including the buildings or structures
unwanted or discarded waste materials in a solid or semisolid state consisting
of garbage, rubbish or a combination thereof.
dwelling means any dwelling which contains a dwelling unit or rooming unit
which is being held out or being offered for rent or is being let for rent
and/or occupied by any person who is not the owner of the premises. However,
property occupied by a direct family member of the owner of the premises shall
be considered as occupied by the owner. Direct family members of the property
owner shall be considered to be child, grandchild, mother or father, sibling,
mother-in-law or father-in-law or grandparent. Additionally, duplexes in which
one of the units is owner-occupied and rental units within an owner-occupied,
single-family dwelling that is in compliance with the Citys zoning ordinance
shall be considered owner-occupied. Single-family dwellings or duplexes shall
not be considered rental dwellings if they are owner-occupied.
Rental unit means
a unit within a rental dwelling or structure intended for occupancy by a person
other than the owner, including rooming units. A rental unit includes any unit
occupied by a property manager or agent of the owner.
Rooming unit means
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.
Rooming house means
any building, or portion thereof, containing not more than nine sleeping rooms
which are used by not more than nine occupants where rent is paid in money,
goods, labor or otherwise.
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
Sleeping room means
a room whose principal use is for sleeping purposes only.
violations means violations of this chapter revealed during an inspection
that demonstrate a failure to maintain the rental property in a safe condition
so that the dwelling endangers the health and/or safety of the occupants.
the process of supplying and removing air by natural or mechanical means to or
from any space.
deterioration, decay or damage caused by exposure to the elements.
means all parts of a piece of property lying between a structural foundation
and the property lines, as well as that portion of public property or
right-of-way lying between that piece of property and the street curb or
pavement, or lying between the said piece of property and the centerline of an
Sec. 56-36. Administrative
citation fine for violation of article.
administrative citation fine amount for a first violation under the provisions
of this chapter shall be fifty dollars ($50.00) and each day that a violation
continues shall constitute a separate offense for which the violator may be
administrative citation fine for repeat violations of the same code provision
by the same person at the same property within twelve months from the date of
the first administrative citation shall be one hundred dollars ($100.00) and
each day that a violation continues shall constitute a separate offense for
which the violator may be fined.
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
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 Sec. 56-375.
RESIDENTIAL RENTAL DWELLINGS.
Sec. 56-351. Purpose of
The purpose of
division 7 of this article is (1) to identify those properties citywide that
are being rented to the public and to gain contact information for code
enforcement and emergency situations; and (2) to proactively identify
substandard and deteriorated rental housing stock in areas of the city that
will gain the most benefit from the implementation of a rental housing
inspection program in order to aid in the preserving, maintaining and upgrading
of those neighborhoods to the benefit of the citys social, economic and
environmental well-being and to further preserve and enhance the quality of
life for residents living in residential rental units.
Registration of Rental Dwellings.
Sec. 56-352. Annual
registration of rental dwellings required.
subdivision shall apply to all rental dwellings, as defined in this chapter,
including dwellings owned, operated, or subsidized by public or nonprofit
agencies. Effective January 1, 2008, the annual rental dwelling registration
requirement established by this subdivision shall go into effect.
(b) The owner
of any rental dwelling as defined in this chapter shall register such dwelling
annually with the department. It shall be a violation of this code for any
person or entity to fail to register any rental units regulated by this
chapter. If a complex of rental dwellings on the same lot or property is under
common ownership, the entire complex shall be considered to be the equivalent
of a single rental dwelling for purposes of registration.
(c) Prior to February
1, 2008 the owner of each rental dwelling shall make written application to the
director for registration of such dwelling. There shall be no fee charged
for this registration. After January 31, 2008 no person or entity shall allow
to be occupied, or let to another for occupancy, any rental unit unless the
unit has been registered as provided for in this article.
registrations issued under this article shall expire on December 31 of each
year and shall be subject to renewal annually. Application for renewal of
registration in any year will be accepted beginning January 1 and may be made
without penalty through January 31.
(e) All owners
shall apply for registration and renewal on a form provided by the department
which shall include provision for the following owner, agent and other
(1) The common name of the property, if any, and exact street
address of each dwelling to be registered and the number of dwelling units in
(2) An identification of the owner(s) by full
name, telephone number, mailing address, e-mail address and date of birth. If
the property is owned by a corporation, limited liability company, partnership,
limited partnership, trust or real estate investment trust, the name and
address of any of the following shall be provided:
for a corporation, a corporate officer and the chief operating officer;
for a partnership, the managing partner;
for a limited liability company, the managing or administrative member;
for a limited partnership, a general partner;
for a trust, a trustee; or
for a real estate investment trust, a general partner or an officer.
(3) If the owner does not reside within the city of Kansas City, Missouri, he or she shall designate a local agent who shall be authorized to
receive on behalf of the owner service of any notice, order or summons issued
because of a violation of this code. Such agent must be an individual over the
age of eighteen (18) years and must reside within the city or customarily and
regularly attend a business office located within the city. A partner,
associate or corporate principal who meets these qualifications may be
designated and registered as the agent. All official notices may be served on
the responsible local agent and any notice so served shall be deemed to have
been served upon the owner of record.
(4) The full name, telephone number, mailing address and email
address of an agent, if one is so designated by the owner, to schedule
inspections and receive service of any notice, order or summons issued because
of a violation of this code.
(5) The names, addresses, and phone numbers of designated
employees or authorized representatives who may be contacted in the event of an
(6) The signatures of the owner, an officer if the owner is a
corporation, a partner if the owner is a partnership, a member if the owner is
a limited liability company and the registered agent if so designated. A
registered agents signature shall indicate consent to the designation.
(7) The name, street address and telephone number for any buyer
on a contract for deed, if one shall exist.
(8) The name, mailing address, telephone number and email address
for the person or entity, whether it be the owner, tenant, manager or agent,
responsible for maintenance of the yard and grounds, including but not limited
to trash pickup and lawn maintenance.
(f) A rental
unit certificate of compliance as described elsewhere in this division shall
not be issued if the registration provisions of this subdivision are not
(g) The owner
of a newly constructed rental dwelling or of any dwelling newly converted to a
rental dwelling shall register the rental dwelling prior to allowing occupancy
of any new rental units. There shall be no charge for the initial registration
provided that the application is made within thirty (30) days following the
date of a certificate of occupancy for the property.
(h) No person
or entity shall rent, let, lease or otherwise allow the occupancy of any
dwelling, dwelling unit or rooming unit unless the property has been registered
as above provided.
Sec. 56-353. Change in
The owner of a rental
dwelling already registered with the city shall register any changes in the
original registration information within thirty (30) days of said change. There
shall be no fee for this registration update if done within the thirty days.
Sec. 56-354. Notice on sale
seller of a rental dwelling registered as provided in this subdivision shall
give notice in writing to the department within thirty (30) days of closing.
This notice shall include the name and address of the buyer.
(b) The new
owner shall have thirty (30) days from the date the change of ownership
occurred to file a new registration with the department.
Sec. 56-355. Registry of
The department shall
maintain a registry of all rental dwellings and rental units within the city
that contains the following information:
address of the rental dwelling.
number of dwelling units in the dwelling.
name of the owner.
(4) The name of the manager or other responsible person
designated by the owner.
(5) The telephone number where the owner and/or other responsible
person will accept calls.
(6) The name and address of the person or entity responsible for
maintenance of the yard and grounds.
Sec. 56-356. Inaccurate or
incomplete register information.
It shall be a
violation of this code for an owner or a responsible person to provide inaccurate
information for the register of rental dwellings or to fail to provide
information required by the city for the register. In those cases in which the
owner is not a natural person, the owner information required for the register
shall be provided for the organization owning the rental dwelling and for the
president, general manager, resident manager or other chief executive officer
of the organization.
II. Certificates of Compliance
Sec. 56-357. Implementation of
certificate of compliance program.
It is recognized that
the incremental expansion of this program is required for administrative
efficiency, effectiveness and economy. It is further recognized that even
though it is not possible to implement the certificate of compliance program
citywide at this time, it is in the best interest of the City as a whole to
implement it first in those areas of the city that will gain the most benefit
from its implementation. This program shall initially become effective in as
large an area of the city as the resources dedicated to the implementation of
the program will allow. Additional areas will be added as the resources
dedicated to its enforcement permit. The director, from time to time, based upon
the resources available, will recommend to the City Council the area(s) in
which this program is to be effective. Upon approval by City Council, the
program shall be implemented in that area. Areas recommended to the City
Council shall be those areas which best meet the following criteria:
(1) Thirty (30) percent or more of the housing units in the
target area are rental housing units.
(2) There is a basically sound but declining housing inventory
that exhibits substantial deterioration but little dilapidation.
(3) There is demonstrated neighborhood resident interest in and
support for the program and for the initiation of systematic housing
Sec. 56-358. Effective date.
The certificate of
compliance requirements for rental dwellings contained in this subdivision
shall go into effect on May 1, 2008.
Sec. 56-359. Rental housing
inspection program requirements.
(a) The rental
housing inspection program and certificates of compliance apply to all rental
housing units located within target areas approved by the City Council except
for those units specifically exempted in Sec. 56-373.
(b) It shall be
a violation of this code for any person to let to another for rent and/or
occupancy any dwelling unit or rooming unit (except a rental unit or a rooming
unit located within an owner-occupied, single-family dwelling or a duplex that
is in compliance with the Citys zoning ordinance) unless a valid rental
certificate of compliance or a valid temporary certificate of compliance has
been issued by the department for that unit.
Sec. 56-360. Standards for
issuance of certificate of compliance.
(a) The city
shall issue a certificate of compliance for a rental dwelling when the city
finds that the rental dwelling, its units and accessory structures and yards
are in compliance with the standards and provisions set forth in this code and
chapter 48, Nuisances; however, no certificate of compliance shall be issued
until all of the following fees and debts to the city have been paid in full:
past due property taxes;
current or past due special assessment installments;
(3) All charges against the property for mowing, cleanup, weed or
debris removal and similar charges by the city; and
(4) Any fees, fines, penalties or debts of any sort arising from
the provisions or enforcement of this chapter or chapter 48, Nuisances.
(b) The date of
issuance of a new certificate of compliance shall be the date of the initial
inspection of the property.
(c) No fee
shall be charged for the issuance of a certificate of compliance.
Sec. 56-361. Temporary
(a) Where a
certificate of compliance is required, the city may issue a temporary
certificate of compliance for the following reasons only:
(1) For a newly registered rental dwelling until such time as the
city is able to conduct a compliance inspection.
enable the city to balance compliance inspection workloads.
(3) To coincide with compliance time periods set forth in a
notice citing violations of this chapter if such periods extend beyond the
expiration date of an existing certificate of compliance.
however, that no temporary certificate shall be issued if any of the amounts
set forth in section 56-360 are unpaid, or if there are significant health and
safety defects present on the premises constituting an imminent danger to life,
health or property.
(c) If a
temporary certificate for a rental dwelling has been issued, the date of
issuance for the certificate of compliance shall be considered to be the same
date as for the temporary certificate.
Sec. 56-362. Term of
certificate of compliance.
are located within designated target areas and are registered as required by
Sec. 56-352 may be issued certificates of compliance that are valid for two (2)
years except that:
(1) A three (3) year certificate may be issued only if all
violations of this chapter or chapter 48 of the city code cited in a notice and
order were brought into compliance within the time frame provided in the notice
and order; and there have been no violations of this chapter or chapter 48 that
were not brought into compliance within the time provided in any notice and
order since the date of last certification.
(2) A four (4) year certificate may be issued only if there were
no substantial violations of this chapter found in the current certification
inspection and any other violations identified were brought into compliance
within the time frame provided in the notice and order, no violations of
chapter 48 of the city code were found, and there have been no verified
violations of this chapter or chapter 48 since the date of last certification.
Sec. 56-363. Reversion of
three- and four-year certificates.
of compliance issued for a three- or four-year period shall be amended to
expire two (2) years from the date of original issuance when the city has cited
a substantial violation of the provisions of this chapter in a notice and
order. If the amendment results in an expired certificate, the owner shall
re-register the dwelling and arrange for a new certification inspection.
Sec. 56-364. Certification
single-family and duplex rental dwellings an inspection shall cover dwelling
exteriors, accessory buildings, and yards. The interiors and basements of
single-family and duplex dwellings shall also be inspected when the units are
vacant as of the date and time of the inspection.
(b) For multiple
dwellings an inspection shall cover dwelling exteriors, basements, accessory
buildings, yards, common areas and the interior of any units vacant as of the
date and time of the inspection.
structures which are required to be inspected as a part of the program of
regular inspections shall be subject to the standards of article II, division
3, subdivisions I, II, III, IV, V, VI, VII and VIII.
inspections of dwellings which are included in the Section 8 Rental Voucher
Program may be used to satisfy the interior inspection required by this
(e) There shall
be no charge for the initial rental inspection and for the first re-inspection
required in order to verify correction of violations. For the second and each subsequent
re-inspection necessary to verify correction of violations, an administrative
citation fine shall be charged as specified by section 56-375 of this chapter.
Sec. 56-365. Transfer of
certificate of compliance.
A certificate of
compliance is valid only while the owner that is applying for the certificate
owns the property. A certificate of compliance may be transferred if:
(1) The sale occurs within ninety (90) days of the issuance of
the certificate of compliance to the seller; and
(2) The buyer notifies the department of the transfer in
ownership within thirty (30) days of the sale. Such transferred certificate
will expire upon the date stated on the certificate.
Sec. 56-366. Suspension of
certificate of compliance.
(a) The director
shall suspend a certificate of compliance for either of the following:
(1) The owner or responsible local agent has not complied with a
complaint notice and order of code violation of this chapter or chapter 48,
(2) Failure of a buyer to notify the department of a change in
ownership pursuant to the requirements of section 56-354. A new certificate
shall be retroactive to the date of sale.
(b) A written
notice of suspension of certification shall be provided to the owner or
responsible local agent of the reason for the suspension.
(c) Any rental
unit which is vacant at the time of suspension or which becomes vacant during
the period of suspension shall not be rented or reoccupied until the
certificate of compliance is reinstated or a new certificate is issued.
Sec. 56-367. Appeal.
of a certificate of compliance may be appealed to the property maintenance
appeals board, as provided for in this chapter.
decision of the department on the term of the certificate of compliance under
section 56-362 of this article may be appealed to the property maintenance
appeals board, as provided for in this chapter.
Sec. 56-368. Reinstatement of
suspended certificate of compliance.
certificate of compliance shall be reinstated if the director determines that a
rental unit has been brought into compliance with the applicable standards of
this chapter or chapter 48, Nuisances. Reinstatement of the certificate shall
not extend or change the expiration date of the certificate.
Sec. 56-369. Renewal of
certificate of compliance.
The owner shall be
responsible for registering a rental dwelling and arranging a compliance
inspection prior to the expiration date on the certificate of compliance. When
a certificate is reissued in accordance with this subdivision, it shall have a
two-year, three-year or four-year expiration date, as appropriate, with the
same month and day as shown on the previous certificate regardless of the date
that the new certificate is actually issued.
Sec. 56-370. Expiration of
certificate of compliance.
A certificate of
compliance shall expire on the date stated on the certificate. It shall be a
violation of this chapter for any unit in a rental dwelling to be occupied
sixty (60) days after the expiration of the certificate of compliance.
Sec. 56-371. Notice on sale of
Every person or
entity owning a rental property, including property occupied under authority of
an unrecorded contract for sale, and offering such property for sale shall
inform a prospective buyer of the current status of the certificate of
compliance prior to closing.
Sec. 56-372. Vacation of
affected rental units.
application for a certificate of compliance has been denied, or a certificate
has been revoked, suspended, or not renewed, or when the owner has not obtained
a current rental dwelling certificate of compliance, the director shall order
the dwelling units therein vacated, giving tenants a minimum of sixty (60) days
to arrange new housing and to move their possessions.
Sec. 56-373. Certificate of
compliance not required.
A certificate of
compliance shall not be required for living or sleeping accommodations in
jails, hospitals, skilled care facilities, school dormitories, assisted living
facilities, and foster homes. In addition, the following properties shall be
exempt from the requirements relating to the certificate of compliance:
(1) Rental dwellings less than twenty (20) years old as measured
from the date the initial certificate of occupancy was issued for the
structure. The age of properties that have undergone major rehabilitation and
have received final inspection approval from the Citys permitting department
leading to the issuance of a new certificate of occupancy shall be measured
from the date of issuance of the most recent certificate of occupancy.
(2) Rental dwellings located outside of designated target areas
that have been approved by the City Council for operation of a rental
registration and inspection program.
dwellings inspected annually by an authorized State agency.
Duplexes in which one of the units is owner-occupied.
Rental units or rooming units in single-family dwellings that are
Sec. 56-374. Retaliatory
No person shall
maintain an action for eviction because the occupant has reported a violation
of this chapter to any employee of the City of Kansas City, Missouri.
Sec. 56-375. Penalty for
violation of article II, division 7.
It shall be a
violation of this code to fail to register or re-register any rental dwelling
regulated by article II, division 7, to fail or refuse, upon proper request, to
provide full and correct information specified by this article, and to be in
violation of any provision of article II, division 7 or the rules and
regulations adopted hereunder. 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 violation of article II, division 7 shall be imposed as
administrative citation fines according to the following schedule:
A. Delinquent Voluntary
Registration Month Registered Fine
(Rental property registered
by owner/agent after
January 31) February $ 50.00
B. Failed to Register (each
rental structure) Fine
property not registered after written $200.00 per month
has been provided to the owner or
is in addition to required delinquent
fine indicated above.)
C. Property Re-inspection
(each rental structure) $100.00 for second
(Re-inspection required to
verify the correction and each subsequent
of code violations found at
initial inspection.) re-inspection
Sec. 56-376. Program reporting
The City Council
shall review the program provisions and requirements at least every two years
and determine whether to maintain, modify or terminate the program.
as to form and legality:
Assistant City Attorney