Memorandum
City of Lawrence
City Attorney’s Office
TO: David L. Corliss, City Manager
Toni Ramirez Wheeler, City Attorney
FROM: Randall F. Larkin, Senior Assistant City Attorney
cc: Scott McCullough, Director of Planning
and Development Services
Brian Jimenez, Code Enforcement Manager
DATE: January 4, 2012
RE: Ordinance 8692: Rental of Dwellings in RS Zoning Districts
_____________________________________________________________
OVERVIEW
At its October 4, 2011, regular public meeting, the City Commission directed staff to make certain changes to Chapter 6, Article 13 of the City Code, regulating the Rental of certain dwellings in RS Zoning Districts. Specifically, the City Commission directed staff to increase the penalties in the event of a conviction for any unlawful act under the Article, to improve the definition of occupancy limits under the Article, and to require certain non-resident Owners to appoint a resident agent for the purposes of receiving notice and other legal process.
Meanwhile, going back several years, the City Attorney’s Office and the Department of Planning and Development Services have been working on amending Chapter 6, Article 13 of the City Code to include certain features that would aid in the enforceability of the Article.
Proposed Ordinance No. 8692 includes those changes directed by the City Commission as well as a number of features requested by the Department of Planning and Development Services. The purpose of this Memorandum is to provide a summary of the changes that Ordinance No. 8692 would make to Chapter 6, Article 13, if enacted.
DISCUSSION
To outline the proposed changes to the ordinance, it may be beneficial simply to review the proposed Article, section by section:
1. New Section 6-1301 states that it is in the public interest for the Governing Body to regulate the rental and occupancy of certain dwellings in RS Zoning Districts. The section is new.
2. New Section 6-1302 defines certain key terms used in the Article. The definitions are a complete reworking of what appears at current Section 6-1301 and seeks to align the language of the Article with the language and requirements appearing in the Land Development Code, Chapter 20.
3. New Section 6-1303 abbreviates and restates current Section 6-1302. It requires Owners of dwellings in RS Zoning Districts to obtain a Rental License before renting, leasing, or subleasing those dwelling to others, or otherwise allowing the occupancy of those dwellings by others.
4. New Section 6-1304 restates the license fee appearing at current Section 6-1302 to be $25.00. It also provides that the fee is non-refundable.
5. New Section 6-1305 states that in addition to paying the License Fee, an Owner must complete an Application for a Rental License. New section 6-1305 outlines what information the applicant must give to the Department of Planning and Development Services. As directed by the City Commission, the application requires Owners who reside more than 40 miles from Lawrence to appoint a resident agent for the purpose of accepting notice and other legal process. The section is new.
6. New Section 6-1306 states that, within five days of receiving an application, the Code Enforcement Officer shall issue a rental license unless: (1) the application is incomplete; (2) the application is fraudulent; (3) the Owner has had a Rental License revoked in the past two years; or (4) a Rental License involving the dwelling has been revoked within the past two years. If an application is denied, the Code Enforcement Officer must send notice to the Owner, which denial may be appealed to the City Commission. This section is new. (Under the current Code, the Code Enforcement Officer must issue a license to any person who files an application, regardless of the completeness of the application, its veracity, the applicant’s history, or the dwelling’s history).
7. New Section 6-1307 restates the second part of Section 6-1302(A), which provides that a license may be renewed (1) by the payment of a $25.00 renewal fee, (2) by the filing of a renewal application, and (3) if the license has not been revoked.
8. New Section 6-130 restates and incorporates the expiration and renewal schedule for licenses as set forth at current section 6-1302.1.
9. New Section 6-1309 restates current Section 6-1304 regarding inspections, but eliminates the ability of the owner to hire a private inspector to do the inspection.
10. New Section 6-1310 lists violations of the Article, restating Section 6-1305. The City now uses the Property Maintenance Code instead of the Uniform Housing Code. The new section captures that change.
11. New Section 6-1311 specifically provides what the occupancy limits are for rental dwellings in RS Zoning Districts (current Section 6-1306 merely refers to the Land Development Code for those limits) and that exceeding those limits is a public nuisance and a violation of the Article.
12. New Section 6-1312 is merely a restatement of current section 6-1307, relating to the City’s right of entry and its recourse in the event that consent to enter is denied.
13. New Section 6-1313 is a restatement of current Section 6-1308(A), which provides that, in the event of a violation of the Article, the Code Enforcement Officer shall send a Notice of Violation that details (1) the condition that has caused the violation; (2) whether the proposed action is (a) probation or (b) revocation; and (3) that the Owner may appeal the Notice of Violation to the City Commission.
14. New Section 6-1314 restates the Appeal procedures at current section 6-1308(c) and provides that it is available in the case of (1) Notice of Denial of Application or (2) Notice of Violation. The filing of a Notice of Appeal stays all enforcement actions until it is resolved. On appeal, the decision of the City Commission is the final order of the City. If there is no appeal, then the determination of the Code Enforcement Officer becomes the final order of the City.
15. New Section 6-1315 outlines the purposes of probation, gives examples of what probation may entail, and provides that failure to comply with probation shall be grounds for revocation. It restates current Section 6-1308(B).
16. New Section 6-1316 defines revocation and requires the City consider all mitigating and aggravating circumstances before revoking a Rental License. This section amends current Section 6-1308(C).
17. New Section 6-1317 lists five unlawful acts under the Article. It is similar to current section 6-1309, with two major changes. It is now unlawful for an Owner to rent, lease, or otherwise allow the occupancy, by others, of a dwelling in RS zoning districts without first obtaining a Rental License. (Under the current Code, while licenses are required, it is not unlawful to fail to have one). Also, it is now unlawful for tenants or other persons to occupy or live in a dwelling in RS zoning districts in violation of the occupancy limits established at new section 6-1311. (This seeks to remedy the situation where, unbeknownst to the Owner, tenants allow an additional person, in excess of the occupancy limits, to live unlawfully in a rental dwelling).
18. New Section 6-1318 provides that engaging in any of the unlawful acts listed at new Section 6-1317 is a municipal offense and, upon conviction, punishable by a minimum fine of $500.00 and a maximum fine of $2,500.00. Current section 6-1309 provides for a minimum fine of $250.00 and a maximum fine of $1,000.00. The proposed increase in penalties was directed by the City Commission.
19. New Section 6-1319 restates current section 6-1310 and provides when the City Commission can order the termination of municipal services to a dwelling that is in violation of any of the provisions of this article and otherwise uninhabitable without risk to the general public.
20. New Section 6-1320 exempts certain dwellings from the requirements of the Article. The listed exemptions exist currently, interspersed throughout Chapter 6, Article 13 and the Land Development Code, Chapter 20. It should be noted that subsection (i) requires Owners of Section 8 rental dwellings to obtain a license, but exempts them from paying the license fees. The section is new.
Action Requested: Staff requests the City Commission to adopt Ordinance No. 8692, repealing existing Chapter VI, Article 13, and enacting the provisions set forth therein as Chapter VI, Article 13 of the Code of the City of Lawrence, Kansas, 2012 Edition and amendments thereto, regulating the rental of dwellings in RS zoning districts.