COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 090784
Amending Chapter 34, Code of
Ordinances, entitled Health and Sanitation, by repealing Sections 34-183,
34-187 and 34-188, enacting in lieu thereof new sections of like subject matter
and enacting a new Section 34-189 to give the director of Health the authority
to rat-stop or eradicate rats, provide notice for a hearing and issue
assessments.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 34, Code of Ordinances, entitled Health and Sanitation, is hereby
repealed by deleting Sections 34-183, 34-187 and 34-188 and enacting in lieu
thereof new sections of like number and subject matter and enacting a new
Section 34-189, said sections to read as follows:
Sec. 34-183.
Inspections; authority of Director of Neighborhood and Community
Services.
The director of
health and the director of neighborhood and community services are empowered to
make such inspections and reinspections of the interior and exterior of any
building or structure as in their opinion may be necessary to determine full
compliance with this Article. When any evidence is found indicating the
presence of rats or openings through which rats may again enter such buildings,
the director shall serve the owner or occupants with written notice to abate
the conditions found, and is authorized to take such action to abate the
conditions found, as specified by this Article.
Sec. 34-187. Notice to
rat-stop; performance of work by city; appeal right.
(a) Notice;
Performance of work by city. Upon receipt of written notice from the director
of health or the director of neighborhood and community services, the owner of
any building or structure specified therein shall take immediate measures for
the rat-stoppage of such building or structure. The notice shall state that if
such work is not completed within fifteen days from the date of the notice or
within the time of any written extension thereof that may have been granted by
the City, the property owner or occupant may be deemed guilty of an ordinance
violation, may be prosecuted in municipal court and that procedures will be
initiated to have the rat-stoppage completed by the City, with the cost thereof
being specially assessed against the property..
(b) Right to
appeal. Any person wishing to appeal any order to rat-stop may request a
hearing before the director that sent the notice. Such hearing request must be
made within fifteen days from the notice date. The director shall schedule a
hearing as soon as practicable and shall notify the owner of the hearing date
and time. The owner may present such evidence bearing upon the subject as he
or she may desire. The director may affirm, reverse or modify the action
appealed from, as justice may require. Failure to file a timely appeal
shall constitute a waiver of the right to appeal the director's decision.
Sec. 34-188. Notice to
eradicate rats; performance of work by city.
Upon receipt of
written notice from the director of health or the director of neighborhood and
community services that there is evidence of rat infestation of the building or
structure, the occupant shall immediately institute appropriate measures for freeing
the premises so occupied of all rats. The notice shall state that if such
work is not completed within ten days from the date of the notice or unless the
building is continually maintained in a satisfactory manner until the building
or structure is free of rats, the property owner or occupant may be deemed
guilty of an ordinance violation, may be prosecuted in municipal court and that
procedures will be initiated to have the rat eradication or abatement completed
by the City, with the cost thereof being specially assessed against the
property.
Sec. 34-189. Special
assessment for payment of costs of rat-stoppage, or eradication.
Upon causing the
City to perform rat-stoppage or eradication of rats as specified in this
article, the director of health or the director of neighborhood and community
services shall determine the cost of such work, including as a portion thereof
the reasonable costs of administering the provisions of this article, with
respect to the property affected. Such administrative costs shall not exceed
the sum of $100.00. Upon determining that proper service was made on the owner,
the director of health or the director of neighborhood and community services
shall certify a statement of such service and of such costs, with a description
of the real property upon which such abatement was accomplished, to the
director of finance as a special assessment upon such real property. The
director of finance shall enter such costs as a special assessment against the
real property and shall cause a copy of such statement to be sent to the owner
of such property by regular United States mail, with the original thereof to be
retained in the office of the city treasurer. Each special assessment shall
constitute a lien upon the real property described thereon and shall be payable
within 60 days after the date of issuance without interest, and thereafter with
interest from the date of its issue until paid at a rate not to exceed eight
percent per annum. Such lien shall remain in effect for a period of two years
from the date of certification to the director of finance, at which time it
shall automatically terminate unless legal proceedings to enforce such lien
have been instituted. The lien may be enforced by any method appropriate for
the enforcement of special assessments generally.
_____________________________________________
Approved
as to form and legality:
___________________________________
Joseph
Guarino
Assistant City Attorney