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 That Chapter 34, Code of Ordinances, entitled Health and Sanitation, is hereby repealed by deleting Sections 34-183, 34-187 and 34-188 and enacting in lieu thereof new sections of like number and subject matter and enacting a new Section 34-189,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.

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Approved as to form and legality:

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Joseph Guarino

Assistant City Attorney