ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING CHAPTER VI, ARTICLE 13, SECTIONS 6-1301, 6-1302, 6-1303, 6-1304, 6-1306, 6-1307, 6-1308, AND 6-1310 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, PERTAINING TO RENTAL LICENSING REQUIREMENTS FOR ALL NON-OWNER OCCUPIED RENTAL DWELLING UNITS LOCATED IN SINGLE-DWELLING RESIDENTIAL (RS) ZONING DISTRICTS AND ALL NON-OWNER OCCUPIED RENTAL DWELLING UNITS WHICH ARE 50 YEARS OLD OR OLDER LOCATED WITHIN ALL OTHER ZONING DISTRICTS; AND REPEALING EXISTING SECTIONS.
Whereas, the governing body of the City of
Lawrence, Kansas, finds that the general public health, safety and welfare is
preserved and sustained with reasonable regulations designed and enforced to
encourage the nuisance-free and peaceable enjoyment of residents in single-dwelling
family neighborhoods; and
Whereas, the City has extensive regulations
to ensure appropriate review of certain new multiple family
dwelling units prior to construction of such multiple family dwelling
units, including but not limited to site plan review for such units, such
regulations not being generally applicable to single family dwelling
structures in single-dwelling family zoning districts; and
Whereas, the governing body of the City of
Lawrence, Kansas, finds that additional reasonable regulation of the rental of
dwellings in single-dwelling family residential zoning districts
is necessary and appropriate for the general public health, safety, and
welfare; and
Whereas, the governing body of the City of Lawrence,
Kansas, finds that the public health and safety of tenants living in rental single
family dwellings units is enhanced with licensing and
regulatory requirements on rental dwellings in single-dwelling family
zoned districts; and
Whereas, the governing body of the City of Lawrence, Kansas, finds that the general public health, safety and general welfare is preserved and sustained with reasonable regulations designed and enforced to maintain property maintenance, zoning and fire code standards, and other city ordinances and codes for rental dwelling units that are 50 years old or older; and
Whereas, the governing body of the City of Lawrence, Kansas finds that the public health and safety of tenants living in rental dwelling units that are 50 years old or older is enhanced with licensing and regulatory requirements; and
Whereas, the governing body of the City of Lawrence, Kansas finds that the licensing and inspection of rental dwelling units that are 50 years old or older will help maintain property values, reduce substandard and deteriorating housing stock and maintain the livability and integrity of those neighborhoods which these rental dwellings are located.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. The above recitals are incorporated herein as if fully set forth.
Section 2. Chapter VI, Article 13, Section 6-1301 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6- 1301 DEFINITIONS. For the purpose of the article, the following words and phrases shall have the following meanings:
(A) Dwelling. A
building or portion thereof designed or used exclusively as the residence or
sleeping place of one or more persons, but not including a tent, trailer, or
mobile home.
(1) Dwelling Group. A group of
two or more detached dwellings
located on one lot and having any
yard or court in common.
(2) Dwelling, Multi-Family. A
building or portion thereof designed for or
used by two or more
families or housekeeping units.
(3) Dwelling, Single-Family
Attached. A building designed for or used for one family or housekeeping unit
which has one or two common sidewalls with one or two adjoining single-family
dwelling units.
(4) Dwelling, Single-Family
Detached. A building designed for or used exclusively for residence purposes by
one family or housekeeping unit that is surrounded on all sides by yards or
other open space on the same lot, and which does not have a common wall with
another principal building.
(5) Dwelling Unit. One room, or a
suite of two or three rooms, designed for or used by one family or housekeeping
unit for living and sleeping purposes and having only one kitchen or
kitchenette.
(B) Owner. The
individual or individual(s), natural or corporate, in possession
of lawful title to
property. In the absence of substantial evidence to the contrary,
the ownership records
of the Douglas County Clerk's office used for property tax
purposes shall be
conclusive evidence of the ownership of property regulated
pursuant to this
Article.
(C) Permitee. Owner
or designated agent of owner of a dwelling which
requires licensure
pursuant to this Article.
(A) Agent. Person, property management company, or other entity who has accepted control of the property on the owner’s behalf to conduct all related correspondence with City staff regarding the requirements of this Article.
(B) Code Enforcement Officer. The employee authorized to enforce the provisions of this Article as designated by the City Manager.
(C) Licensee. Owner or designated agent of owner of a dwelling unit which requires licensure pursuant to this Article.
(D) Probation
Status. The determination by the City, either the Public Code
Enforcement Officer or Governing Body, that the owner of a dwelling or
dwellings regulated pursuant to this Article has violated one or more licensure
requirements of this Article, but that the license pursuant to this Article
should not be revoked at this time.
(E) Public
Officer. The City employee(s) designated by the City Manager to
enforce the
provisions of this Article.
(E) Property Owner. A person, persons, corporation, partnership, limited liability company or any other entity holding fee title to the subject real property. If more than one person or entity owns the subject real property, “property owner” refers to each person or entity holding any portion of the fee interest in the property, and the property owners’ obligation in this article are joint and several as to each property owner. In the absence of substantial evidence to the contrary, the ownership records of the Douglas County Clerk’s office used for property tax purposes shall be conclusive evidence of the ownership of property regulated pursuant to this Article.
(F) Rental Dwelling Unit. Any building or portion of a building that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, which is rented or leased by a person or group of persons. The definition of rental dwelling unit shall not apply to group homes, adult care homes, hotels, motels or bed and breakfast facilities.
(G) Rental Dwelling Unit - 50 years old. A structure that is identified by the Douglas County Appraisers Office as being built 50 years prior to the present date.
Section 3. Chapter VI, Article 13, Section 6-1302 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6- 1302 PERMITS LICENSE REQUIREMENTS
(A) Every owner of a single-family
attached dwelling or a single-family detached rental dwelling unit
within the City RS zoning districts, as defined in the City’s
Development Code, and all rental dwelling units within the City of
Lawrence that are 50 years old or older, regardless of the zoning district in
which they are located, shall obtain an annual rental licensing permit
license for each rental dwelling unit from the City’s Department
of Planning and Development Services prior to leasing, subleasing, renting or
allowing the occupancy of such dwelling to another natural person or
other natural persons, unrelated to the owner whether or not for
consideration. In the case of multiple owners of any such rental dwelling
unit, it shall be sufficient for any one of the owners to obtain the license
for such dwelling unit. The application shall be in writing and on the
application form provided by the City Planning and Development
Services Department. An initial registration fee of $25 $60
is required. The license shall be valid until the date established in the
renewal schedule in section 6-1302.1 and shall not be revoked if:
(1) An annual renewal fee of $25 $60
per dwelling unit is paid in full.
(2) The owner and the owner’s property are not in violation of this Article.
(B) A rental license permit
is not required for a dwelling unit that is an owner-occupied single-family
attached dwelling or a single-family detached dwelling or if the dwelling
unit is occupied only by a family member(s) related to the owner by blood, marriage
or legal adoption. within the city RS zoning districts. (Ord.
8323).
(C) Every holder of a rental license shall:
(1) Receive a license certificate from the city, which shall contain the name and address of the owner of the rental property.
(2) Permit the Code Enforcement Officer to visit the property for the purpose of conducting interior and exterior inspections to verify compliance with the provisions of this Article.
(3) Notify the Department of Planning and Development Services of any changes relating to mailing address, phone number, agent information or any other relevant information contained in the last license application filed within fifteen (15) days of the changed information.
(4) Prior to the time of sale or transfer of title of the rental dwelling unit, the owner shall notify the buyer or transferee in writing of all unabated orders and violations issued by the City pertaining to such rental dwelling unit as well as the requirement of law that the new owner must be licensed with the City. A copy of the notification shall be mailed to the Department of Planning and Development Services within five (5) days of furnishing the notification to the buyer or transferee. Time of sale is the time when a written purchase agreement is executed by the buyer or, in the absence of a purchase agreement, upon the execution of any document providing for the conveyance of a dwelling unit required to be licensed.
(D) In cases where the owner of a rental dwelling resides more than 40 miles outside of the City of Lawrence, Kansas, the owner shall designate a resident agent who shall reside within a 40 mile radius of the city of Lawrence, Kansas. That registered agent’s name, street, and mailing address and telephone number must be included on the application. The registered agent shall be jointly and severally responsible with the owner for:
(1) The upkeep and maintenance of the premises;
(2) Compliance with this Article and all other Codes regulating the premises; and
(3) Acceptance of service of process and of all notices under this Article.
(E) A rental license issued herein shall be transferable to any person who has acquired new ownership of the licensed rental property for the unexpired portion of the one year term for which it was issued, provided that an application to transfer the license is filed with the Department of Planning and Development Services.
Section 4. Chapter VI, Article 13, Section 6-1302.1 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6- 1302.1 RENEWAL SCHEDULE
The renewal of a license shall be determined by the last name of the owner, corporation, partnership, or other unincorporated association.
The renewal schedule shall be the following:
Last Name Expiration Date
A, B February 28
C, D March 31
E, F, G April 30
H, I May 31
J, K, L June 30
M, N, O July 31
P, Q, R August 31
S September 30
T, U, V, W, X, Y, Z October 31
Section 5. Chapter VI, Article 13, Section 6-1302.2 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6- 1302.2 NON-APPLICATION OF ARTICLE TO CERTAIN DWELLINGS.
Nothing in the provisions of this Article shall be interpreted as applying to Dwelling units which are legally indentified as a Group Home or Adult Care Home (General or Limited) as that term is defined in Section 20-1701 of the Development Code. (Ord. 8098)
Section 6. Chapter VI, Article 13, Section 6-1303 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6-1303 REQUIREMENTS OF LICENSEE PERMITEE.
(A) Only as
permitted by the provisions of 2001 Kansas Session Law Chapter 147, shall the code
enforcement officer public officer designated to enforce the
provisions of this Article request a list of names of tenants of a dwelling
unit from the licensee permittee or appointed agent. Failure to
provide an accurate list upon request and notice of the City shall constitute a
violation of this Article. (Ord. 7478)
(B) The City
shall provide the permittee or agent with copies of pamphlets
containing
information on living in a residential neighborhood. The
permittee or
agent shall provide a pamphlet to at least one tenant of
each
dwelling unit covered by this Article before executing a lease for the
unit. (Ord.
7478)
Section 7. Chapter VI, Article 13, Section 6-1304 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6-1304 INSPECTION OF PROPERTY
The public office shall establish a
periodic schedule to provide for the inspection of the exterior and interior of
each dwelling required to have a licensed owner pursuant to this Article. The
inspection shall be conducted at a minimum every three (3) years. As an
alternative to City inspection, the City and the property owner may enter into
an agreement providing for the private inspection of the property by a
certified private inspector to ensure compliance with the provision of the
City’s laws governing the property.
(A) Each dwelling unit regulated by this code shall have an exterior and interior inspection conducted by the Code Enforcement Officer of the Department of Planning and Development Services or other authorized personnel at a minimum of once every three (3) years. Notification of an inspection will generally occur by mail; however, an inspection may be scheduled by phone or email correspondence. The owner or agent shall be present during any interior inspection.
(B) In addition to the initial registration fee and annual renewal fee, a $25 fee will be assessed to the licensee if more than one reinspection is required to be performed after the scheduled initial inspection.
(C) Following the initial inspection, the owner and/or agent shall be responsible for scheduling a reinspection of the property to confirm compliance.
(D) If the owner or agent fails to show for an inspection or fails to notify the inspector 48 hours prior to cancelling an inspection, an administrative fee of $25.00 shall be assessed against the property.
(E) The time period for code compliance of violations shall be determined by the Code Enforcement Officer.
Section 8. Chapter VI, Article 13, Section 6-1305 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6- 1305 GROUNDS FOR REVOCATION/PROBATION OF RENTAL LICENSING PERMIT; PROCEDURE FOR CONSIDERATION OF POSSIBLE REVOCATION.
The maintenance of a public nuisance shall be grounds for the revocation of a rental license permit issued pursuant to this Article. Dwellings regulated pursuant to this Article where there are 1 (one) or more of the following violations of law and which adversely affect the public safety of tenants and the rights of the nearby residents to the quiet enjoyment of their property shall constitute a public nuisance.
(A) Noise ordinance; Section 14-1413 et seq. of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto;
(B) Environmental Code; Section 9-601et seq. of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto;
(C) Anti-Litter Ordinance; Section 14-101 et seq. of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto;
(D) Development Code; Chapter 20 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto;
(E) Disorderly House Nuisance; City Ord. 7223, Ord. 7962, Section 14-1101 et seq. of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto;
(F) Property Maintenance Code; Section 5-1001 et seq. of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto.
(G) International Fire Code, Section 8-201 et seq. of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto.
Section 9. Chapter VI, Article 13, Section 6-1306 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6-1306 OCCUPANCY PERMITTED
Occupancy in rental dwelling units shall be permitted as defined in the City of Lawrence Development Code.
Section 10. Chapter VI, Article 13, Section 6-1307 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6-1307 RIGHT OF ENTRY; CONSENT AND SEARCH WARRANT REQUIREMENTS
Absent
emergency circumstances, whenever necessary to make an inspection to enforce
any of the provisions of this Article, or whenever the public officer code
enforcement officer or his/her authorized representative has reasonable
cause to believe that there exists in any dwelling which is required to be
licensed by this Article, any condition or violation which makes such dwelling
or premises unsafe, dangerous or hazardous, the public officer code
enforcement officer or his or her authorized representative may enter such
building or premises at all reasonable times to inspect the same or to perform
any duty imposed by this Article, provided that such entry is pursuant to the
law and further provided if such building or premises is occupied, the public
officer code enforcement officer shall first present proper
identification and request entry; and if entry is denied the public officer
code enforcement officer shall have authority to seek lawful entry
pursuant to an administrative search warrant or other lawful means.
Section 11. Chapter VI, Article 13, Section 6-1308 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6-1308 PROCEDURE FOR REVOCATION/PROBATION STATUS OF LICENSE
(A) Any person
found by the public officer code enforcement officer to be in
violation of this Article shall be sent a notice of violation by the code
enforcement officer. The notice shall be sent by certified mail, postage
prepaid, return receipt requested. The notice shall state:
(1) The condition which has caused the violation of this Article.
(2) Whether the
proposed enforcement action is to place or continue the permittee licensee
or person on a probation status or whether the proposed enforcement action is
to revoke the license; and
(3) That the person in violation shall have fifteen (15) days from the date of the notice to request in writing a hearing before the governing body on the violation. The request in writing for a hearing before the governing body shall stay pending enforcement actions.
(B) The placement of the owner on probation status shall be to provide a reasonable period of time for the owner to correct or alleviate conditions giving rise to the notice of violation. The probation status may be conditioned by the City with reasonable reporting requirements and time periods for corrections. The failure to successfully complete the requirements of the probation status shall be grounds for the initiation of the revocation of the license granted pursuant to this Article.
(C) The code enforcement officer public
officer, or the Governing Body upon the conclusion of a requested hearing,
shall have the authority to revoke a license granted pursuant to this Article
or place the property owner on probation status. In determining whether the
revoke a license or place the property owner on probation status, the code
enforcement officer public officer or the Governing Body shall take
into account mitigating circumstances, including the legal authority of the
property owner to order the vacation of the property by tenants whose conduct
has caused the violation(s).
Section 12. Chapter VI, Article 13, Section 6-1309 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6- 1309 VIOLATION OF THIS ARTICLE, MUNICIPAL OFFENSE.
The violation of any provision of this Article shall be deemed a municipal offense. Any person violating the provisions of this Article shall, upon an adjudication of guilt or a plea of no contest, be fined a minimum of $250.00 to a maximum of $1,000.00. Each separate day of violation shall constitute a separate offense. The municipal court judge shall have no authority to suspend all or a portion of the minimum fine.
Section 13. Chapter VI, Article 13, Section 6-1310 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows.
6- 1310 VIOLATION OF THIS ARTICLE; GROUNDS FOR TERMINATION OF CITY UTILITY SERVICES.
The
Governing Body finds that the occupancy or habitation in a dwelling in
violation with the provisions of this Article constitutes a hazard to the
public health, safety and welfare, and that the provision of City water,
sanitary sewer and/or sanitation services is reasonably related to the ability
to inhabit or occupy such dwelling. After lawful notice to the customer and the
property owner concerning the proposed disconnection of City water, sanitary
sewer and/or sanitation services, the public officer code enforcement
officer enforcing the provisions of this Article shall have the authority
to order the disconnection of City water, sanitary sewer and/or sanitation
services serving dwellings in violation of this Article. The disconnection of
City utility services pursuant to this Section shall only be ordered if the public
officer code enforcement officer makes specific findings concerning
the dwelling that the disconnection of City water, sanitary sewer and/or
sanitation services is necessary to deter occupancy or habitation in a
structure in which the public health, safety or welfare is harmed or endangered
by continued occupancy or habitation.
Section 14. Chapter VI, Article 13, Sections 6-1301, 6-1302, 6-1302.1, 6-1302.2, 6-1303, 6-1304, 6,1305, 6-1306, 6-1307, 6-1308, 6-1309, and 6-1310 are hereby repealed, it being the intent that the provisions of this ordinance supersede the repealed code sections.
Section 15. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 16: This ordinance shall take affect and be in force from and after its passage and publication as provided by law.
Passed by the Governing Body this XXX day of XXXXX, 2009
APPROVED:
_______________________
Michael Dever, Mayor
ATTEST:
_______________________________________
Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
Toni Ramirez Wheeler
Director of Legal Services
Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.