City of Lawrence

Residential Rental Licensing

Administrative Compliance Procedures

 

Subject

Rental Licensing

Administrative Procedures

Applies to:

Planning and Development Services

 

Effective Date

??????

Revised Date

 

 

Approved By

City Manager

 

Total Pages: 3

                  

Policy Number

              AP-?????

 

1.0       Purpose and Scope

 

To establish administrative enforcement procedures regarding residential rental property standards found in Chapter 6, Article 13 of the Code of the City of Lawrence, Kansas, 2013 Edition.                                                                                                                  

  

2.0        Inspection Schedule

 

  1. The initial inspection of Residential Rental Properties licensed at time of the program expanding to all units city-wide, will be conducted based generally on the following schedule as resources allow:
    1. Year 1 – Registration name begins with A, B, C, D, E, F, G, or H
    2. Year 2 – Registration name begins with I, J, K, L, M, N, O, P or Q
    3. Year 3 – Registration name begins with R, S, T, U, V, W, X, Y, or Z
  2. Residential Rental Properties licensed after the initial expansion of the program to all units city-wide will be incorporated into the above schedule as they enter the program.
  3. Once and after a Residential Rental Property enters the licensing program, properties will be inspected on a 3-year cycle unless the Residential Rental Property qualifies for the Incentive, at which time the Residential Rental Property will be inspected on a 6-year cycle.  If a property becomes ineligible for the Incentive as an outcome of an inspection, be it scheduled as part of the program or completed due to a complaint, the property will be placed in the 3-year cycle.
  4. In the year where a property is required to be inspected, the license will not be renewed until the property passes inspection.

 

3.0       Inspection Procedures

 

  1. During the exterior and interior inspection of a rental dwelling unit, inspection staff will determine if the violation(s) cited fall into the category of a minor or major violation.  The lists of minor and major violations below have been established to provide staff and property owners/property managers a general guide as to how violations will be categorized. These lists of violations are not meant to be all inclusive.  Inspection staff can and will use discretion when determining when a minor violation could become a major violation. 
  2. The list of Potential Tenant Based Violations below is provided as elements that may be caused by tenants.  If evidence suggests that the violation is caused by a tenant, then the violation will not be included in calculating the potential to receive the incentive as outlined in Section 6-1312 of the City Code.

 

MINOR VIOLATIONS:

·         BBQ grill on deck

·         Bathroom ventilation fan is inoperable

·         Clogged drains

·         Cracked window

·         Dirty furnace and/or filter

·         Doors (interior) that do not fit in jamb, or are damaged

·         Electrical panel has open port or missing cover

·         Extension cords used for permanent power source

·         Exterior door that does not provide weather tight fit

·         Fungus that is most likely mold that is located on walls, ceilings, or floors (small area)

·         GFCI receptacles need replaced or installed in wet areas, bathrooms and/or kitchens

·         Grass or weeds in violation of the city’s weed ordinance

·         Handrail for stairs (interior and exterior) needs to be installed or repaired

·         Inadequate exterior storm drainage

·         Plumbing fixture leaks

·         Receptacles that are improperly wired

·         Receptacles and/or light switches with missing or broken covers

·         Temperature and pressure relief valve drain pipe on water heater missing or inadequate

·         Clothes washer receptacle not grounded or not GFCI protected

·         Smoke detector(s) inoperable

·         Vehicle that is not properly tagged or inoperable

·         Windows that are not fixed, but do not open

·         Missing or damaged window screens when required by the code

·         Wood rot of exterior wood on siding, trim, window sills or other structural exterior elements (small or single area)

·         Yard has trash, debris or exterior storage

MAJOR VIOLATIONS:

·         Occupancy violation

·         Backed up sanitary sewer line

·         Ceiling height requirement not met in habitable rooms as defined by code

·         Combustion “makeup” air requirement not met for gas furnace and/or water heater

·         Deadbolt lock(s) need to be installed on exterior doors

·         Dryer not vented to exterior or improperly vented

·         Egress requirement not met for bedrooms

·         Electrical wiring that is exposed, frayed or faulty as defined by code

·         Fire escape from 3rd story or higher not in place when required by code

·         Fungus that is most likely mold that is located on walls, ceilings, or floors (large or multiple areas)

·         Furnace or water heater flue that is loose or disconnected

·         Gas fired furnace and/or water heater not properly vented

·         Heating facilities not provided in a habitable space or current heating facilities are inoperable, operating in an unsafe condition, or incapable of maintaining 68 degrees in habitable rooms

·         Bedroom and living room requirements not met

·         No smoke detectors

·         Roof leak

·         Structural deficiencies that affect the structural integrity of ceiling, walls, flooring, etc.

·         Water heating facilities inoperable or inadequate

·         Window broken or missing

·         Window locks on windows within 6 ft of grade with missing or inoperable locks

·         Wood rot of exterior wood on siding, trim, window sills or other structural exterior elements (large or multiple areas)

POTENTIAL TENANT BASED VIOLATIONS:

·         Occupancy violation

·         Backed up sanitary sewer line

·         Smoke detectors inoperable due to missing batteries

·         BBQ grill on deck

·         Broken or missing window

·         Ceiling/wall hole(s)

·         Cracked window

·         Extension cords used for permanent power source

·         Grass or weeds in violation of the city’s weed ordinance

·         Vehicle that is not properly tagged or that is inoperable

·         Missing or damaged window screens when required by the code

 

4.0        New Construction and Major Reconstruction

 

A.    Section 6-1310 of City Code exempts new and newly renovated Residential Rental Property from inspection for a period not to exceed six (6) years, though the properties must be licensed upon completion.  The following defines the terms “New Construction” and “Major Reconstruction” as it applies to this code section.

B.    Newly Constructed shall mean any building or structure built entirely new including foundation, walls, and all other components of a building or structure.

C.    Major Reconstruction shall mean a renovation in which four or more Primary Building Systems of a building or structure undergo at least a 50% replacement within a 12-month period.  Primary Building System is defined as: (1) HVAC; (2) electrical; (3) interior walls and/or exterior structural walls and windows; (4) roofs and ceilings; (5) plumbing; and/or (6) foundation and foundation walls.

 

5.0        Exemptions

 

A.    In addition to the exemptions noted in Section 6-1325 of the City Code, any and all housing associated with a Religious Assembly use, as those uses are defined in Chapter 20 of the City Code, that is/are located on the property of the Religious Assembly use and used for said purposes is/are also exempt from the provisions of Article 13.  Rental dwelling units that are owned by a religious institution but located off the property of the Religious Assembly use and/or not used for said purposes are not exempt from Article 13 of the City Code.