SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 180726
Developing a safe harbor program allowing for temporary
stay of code enforcement on residential properties newly acquired for
rehabilitation and reoccupation.
WHEREAS, in November, 2017, the City Council
passed Resolution No 170825 that directed the City Manager to provide
information on the overall state of housing policy at the federal, state and
local levels and, based on this information, develop a local five-year policy; and
WHEREAS, Resolution No. 170825 also directed the
development of a report on the overall state of housing resources, housing
policy, programs and funding options including the rehabilitation of existing
housing stock, both vacant and occupied; and
WHEREAS, the proposed City’s Housing Policy
identifies the rehabilitation of vacant residential structures as both a
significant source of new housing units and stabilizing elements for the
neighborhoods in which they are located; and
WHEREAS, fines and assessments on property owners that have
newly acquired property for the purpose of rehabilitation increases their
project costs and can jeopardize the financial viability to undertake the
required improvements; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
That the City Manager will develop a safe harbor program by
establishing the scope, rules and requirements related to the program subject
to City Council approval with the following requirements:
(a)
The period of time for property owners
that have acquired property for rehabilitation to be eligible for the safe
harbor program must not exceed thirty (30) calendar days from the date they
acquired the property; and
(b)
The safe harbor program must exclude
emergency actions pursuant to Chapter 56 and related to public health, welfare
and safety; and
(c)
The ability for property owners to have
their newly acquired property eligible for the safe harbor program will be
based upon submission to and acceptance by the city of a project rehabilitation
plan; and
(d)
Execution of project rehabilitation
plans must be completed within one-hundred and twenty (120) days of approval
unless an extension is granted for good cause by the Director of Neighborhoods
and Housing Services Department or his designee and the execution of the plan
is within a reasonable time; and
(e) The safe harbor program excludes
code enforcement of Chapter 48 nuisance violations unless the remedy of any
nuisance violation substantially impacts the rehabilitation of any structure being
rehabilitated in accordance with the project rehabilitation plan; and
(f) Any project rehabilitation plan of
a designated historic structure shall be subject to the requirements of the
Historic Preservation Commission and relevant historical guidelines.
_____________________________________________
Approved
as to form and legality:
___________________________________
Martha
S Means
Assistant City Attorney