City of Lawrence, Kansas

Residential Rental Property Ordinance

Administrative Regulations

 

Subject:

Residential Rental Property Ordinance

Applies to:

Planning and Development Services

 

Effective Date:

??????

Revised Date: 1/9/14

 

 

Approved By:

City Commission

Total Pages: 4

                  

Policy Number:

              AP-?????

 

1.0      Purpose

          As authorized by City of Lawrence, Kan., Code § 6-1323(a) (July 1, 2013), the Governing Body of the City of Lawrence, Kansas, hereby promulgates these Administrative Regulations for the purpose of establishing policies and procedures governing the implementation and administration of the City's Residential Rental Property Ordinance, codified as amended at Chapter 6, Article 13 of the Code of the City of Lawrence, Kansas.

 

2.0      Implementation of the Residential Rental Property Ordinance

A.        Section 6-1303 of the City Code requires that all residential rental Dwelling Units be licensed by the City. The Code Official will actively employ several methods to ensure that all rental properties are licensed, including but not limited to: comparing utility bill addresses against owner addresses, reviewing online advertisements, newspaper advertisements, and onsite advertisements, and investigating complaints, etc.  In order to provide an efficient means of licensing all rental Dwelling Units, including those licensed prior to June 1, 2014 that will be transitioned to the schedule upon license renewal, the Code Official shall, for the submission of Rental License applications under the Residential Rental Property Ordinance, for the first year commencing June 1, 2014, establish the following schedule:

 

                                    Registration Name Begins With:                Date License Due:

                                    K, L                                                                  June 30, 2014

                                    M, N                                                                July 31, 2014

                                    O, P, Q                                                            August 31, 2014

                                    R, S                                                                 September 30, 2014

            T, U                                                                 October 31, 2014

            V, W                                                                November 30, 2014

            X, Y, Z                                                             December 31, 2014

                                    A, B                                                                 January 31, 2015

                                    C, D                                                                 February 28, 2015

                                    E, F                                                                 March 31, 2015

                                    G, H                                                                April 30, 2015

                                    I, J                                                                   May 31, 2015

 

 

 

B.        The Code Official shall not commence inspections under Section 6-1310 of the City Code until January 1, 2015 (excluding inspections conducted in response to complaints, or re-inspections for Notices of Violation issued prior to June 1, 2014). However, the Code Official may perform inspections under Section 6-1310 of the City Code during calendar year 2014, if the Licensee or Registered Agent of Licensee specifically requests such an inspection.

 

3.0     Master Licenses for Unified Multifamily Developments/Apartment Complexes       

          For the purposes of economy, for unified multi-family developments and apartment complexes where 11 or more units exist that are located on a single lot, or on contiguous lots, all of which are under the same ownership and management, instead of issuing Rental Licenses for each Dwelling Unit under 6-1306 of the City Code, the Code Official shall have the authority to issue one "Master License."

 

4.0      Inspection Schedule

 

A.       The Code Official will perform inspections of Residential Rental Properties according to the following three-year cycle, generally as resources allow, beginning in the year 2015:

         

1.     Year 1 – Registration name begins with K, L, M, N, O, P, Q, R or S

2.     Year 2 – Registration name begins with T, U, V, W, X, Y, Z, A, or B

3.     Year 3 – Registration name begins with C, D, E, F, G, H, I, or J

 

B.       Residential Rental Properties licensed prior to June 1, 2014 shall be transitioned to the inspection schedule contained in 4.0.A. but shall not be inspected sooner than 3 years from the date of their last inspection. Such Residential Rental Properties will be eligible to qualify for the incentive established at Section 6-1312 of the City Code at their next regularly scheduled inspection.

 

C.       The Code Official will not perform inspections under Section 6-1310 of the City Code during July and August of any year (excluding inspections performed in response to complaints). However, the Code Official may perform inspections under Section 6-1310 of the City Code during July or August, if the Licensee or the Resident Agent of the Licensee specifically requests such an inspection.

 

D.      The Code Official will select, in accordance with Section 6-1310(c) of the City Code, which Residential Rental Dwelling Units are to be inspected and shall give notice thereof to the Licensee or the Resident Agent of the Licensee at a time reasonably in advance of inspection. If there are Qualified Vacant Dwelling Units, as that term is defined at Section 6-1302 of the City Code, the Licensee or the Resident Agent of the Licensee may notify the Code Official, and the Code Official shall make a reasonable attempt to give such Qualified Vacant Dwelling Units first priority in the selection of Dwelling Units for inspection and the scheduling of inspections. Generally, Dwelling Units that have previously been selected and inspected by the Code Official will not be selected for inspection in future inspection cycles (see paragraph 4.0.F. below), unless all Dwelling Units of the Licensee have previously been inspected.

 

E.       The Code Official will incorporate Residential Rental Properties licensed after June 1, 2014, into the three-year cycle schedule outlined in paragraph 4.0.B., supra, as they enter the program.

 

F.       After initial licensing and inspection of a Residential Rental Property, the Code Official will inspect Residential Rental Properties on approximately a three-year cycle, see paragraph 4.0.B., supra, regardless of whether a change in name or ownership has occurred, unless the Residential Rental Property qualifies for the incentive established at Section 6-1312 of the City Code, at which time the Residential Rental Property will be inspected on approximately a six-year cycle. If Residential Rental Property does not qualify for the incentive, as the result of an inspection, whether it is a scheduled inspection under Section 6-1310 of the City Code or an inspection due to a complaint, the Residential Rental Property will remain on approximately a three-year cycle, see paragraph 4.0.B., supra.

 

5.0      Inspection Procedures

 

A.       During the exterior and interior inspection of Residential Rental Property, the Code Official will note any violations on a form substantially similar to that which is affixed hereto as Appendix C. On the form, for the sole purpose of determining whether the property qualifies for the incentive established at Section 6-1312 of the City Code, violations are categorized either as Major Violations or Minor Violations.

 

B.       While compliance with the City Code is ultimately the responsibility of the Licensee, if the Code Official has probable cause to believe that any violation is caused by a Tenant, or involves personal property of a tenant (such as a tenant’s inoperable or untagged vehicle, a tenant’s upholstered furniture placed on a deck or unenclosed porch, or a tenant’s improper exterior storage of junk, debris or other personal property), the Code Official has the discretion to pursue compliance and resolution of any such violation directly with the Tenant in accordance with Section 6-1316(b) of the City Code.

 

6.0      Notice of Violation and General Compliance Requirements

 

A.       In the event that the Code Official finds, during any inspection, one or more violations of the City Code, the Code Official shall provide to the Licensee (and/or the Resident Agent of the Licensee) a written Notice of Violation that identifies each code violation and classifies each violation as either a Major Violation or Minor Violation.

 

B.       Generally, in the written Notice of Violation, the Code Official will grant the Licensee (and/or the Resident Agent of the Licensee) thirty (30) days in which to remediate any cited Code violation. However, where any Code violation is of such a nature that it poses an imminent threat to life, safety, health, or welfare (such as an unvented gas appliance, dangerous electrical wiring, or a collapsed/backed up sanitary sewer line, etc.) the Code Official may require that any such Code violation be remediated more expeditiously than thirty (30) days.

 

C.       In the absence of exigent circumstances, upon the request of the Licensee or the Registered Agent of the Licensee, the Code Official shall have the authority to grant a reasonable extension of time in which to remediate any violation identified in a Notice of Violation. Such authority shall be granted sparingly and shall be dependent upon the totality of circumstances, including but not limited to the nature of the violation(s), weather/seasonal factors, or the availability of contractor(s) hired by the Licensee or the Resident Agent of the Licensee to complete remediation.

 

7.0      Educational Materials

On or about September 1 of each year, the Code Official will mail to each licensed Dwelling Unit a postcard. The postcard will provide residents of that Dwelling Unit with a website address that contains general information regarding the City's Residential Rental Property Ordinance and relevant contact information for reporting to the City any suspected violation of the City Code. The content of the website information will be substantially similar to that affixed to these regulations as Appendix E.

 

8.0     Appendices

          The Appendices affixed hereto are incorporated herein by reference as if set forth in these Administrative Regulations in full. The Appendices are identified as follows:

 

A.       Rental License Application

 

B.       Rental License

 

C.       Inspection Form/Checklist

 

D.      Consent for Inspection Form

 

E.       Website Information Packet