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City of Mission, KS
Johnson County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
[Ord. No. 1466 § I, 8-16-2017[1]]
The provisions of this Chapter shall apply to all dwellings and dwelling units offered for rent or occupancy, including single-family dwellings, multi-family dwellings and dwelling units in owner-occupied dwellings. The provisions of this Chapter shall not apply to dwellings and dwelling units occupied by the owner, and/or the owner's immediate family (whether that relationship is by blood, marriage, or adoption). Furthermore, the provisions of this Chapter shall not apply to hotels and motels licensed by the State of Kansas, convents, monasteries, parish houses or rectories, mosques, temples, synagogues, hospitals, nursing homes, jails and residential dwelling units owned and operated by any housing authority of the City.
[1]
Editor's Note: Section II repealed former Chapter 635, containing Section 635.010 through 635.230. At the editor's discretion the unused Section 635.010 was left reserved.
[Ord. No. 1466 § I, 8-16-2017]
No person shall allow to be occupied or rent to another for occupancy any dwelling or dwelling unit unless the owner has first obtained a license under the terms of this Chapter. This applies to people who allow to be occupied or rent to another for occupancy at the time this Chapter is implemented. Failure to obtain a required license shall be unlawful. Each day that a person fails to have a license as required by this Section shall constitute a separate offense. Upon conviction, a person may be fined up to five hundred dollars ($500.00) or sentenced up to five (5) days in jail, or both.
[Ord. No. 1466 § I, 8-16-2017]
As used in this Chapter, the following terms shall have these prescribed meanings:
APARTMENT BUILDING
A building or structure containing more than six (6) rental dwelling units.
DWELLING
A building or structure, or portion of a building or structure, designed for or used for human habitation.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with cooking, living, sanitary and/or sleeping facilities.
IMMEDIATE FAMILY
One's spouse, child or adopted child, father, mother, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparents, or grandparent-in-law, grandchild, or any natural or adopted child or grandchild of one's spouse.
LAWFUL OCCUPANT
The occupant(s) of a dwelling or dwelling unit; or the owner of such that is unoccupied.
MANAGER
Any person who, alone or jointly or severally with others, does any of the following: shows rental dwelling units to prospective tenants; enters lease agreements on the owner's behalf; receives rent from tenants; and/or otherwise supervises the maintenance or management of the premises.
OCCUPANCY
The act of living, sleeping, cooking, eating or actually having possession or control of a dwelling or dwelling unit.
OCCUPANT
Any person(s) living, sleeping, cooking, eating or actually having possession or control of a dwelling or dwelling unit.
OWNER
Any person who, alone or jointly or severally with others:
1. 
Has legal title to any building with or without accompanying actual possession thereof; or
2. 
Has charge, care or control of any building or structure or part thereof as agent or personal representative of the person having legal title to the building or structure or part thereof; or
3. 
Has possession or right to possession under a contract for deed.
PERSON
Any individual, firm, corporation, association, partnership, cooperative or governmental agency.
PREMISES
The building(s) in which the rental dwelling unit(s) is located and all land appurtenant to such building(s) on a single parcel.
REGISTERED AGENT
The person designated by the owner to be the agent required by Section 635.060(A)(1) of this Code.
RENT
To provide or to offer for possession or occupancy a dwelling or dwelling unit to a tenant for consideration, pursuant to a written, oral, or implied agreement.
RENTAL DWELLING
A dwelling or dwelling unit(s) designed for or used for human habitation and offered to a non-owner or third-party for rent and/or occupancy.
RENTAL DWELLING LICENSE
A license issued by the City permitting a dwelling unit to be rented and/or occupied by persons other than the owner and the owner's immediate family (as related by blood, marriage, or adoption) subject to the terms of this Chapter.
SUBSTANDARD
As defined in Section 635.110.
TENANT
Any person who occupies a dwelling or dwelling unit, other than the owner, the owner's immediate family (as related by blood, marriage, or adoption), or any person residing with the owner.
[Ord. No. 1466 § I, 8-16-2017]
A. 
One (1) rental dwelling license shall be issued for each premises with one (1) or more rental dwelling units and shall be deemed to cover all such dwelling units under common ownership on the premises.
B. 
The City shall have authority to exercise its licensing powers under this Chapter including the power to issue, renew, deny, revoke and suspend a rental dwelling license with respect to an entire premises or only a specific dwelling unit(s) found to be in violation of this Code.
[Ord. No. 1466 § I, 8-16-2017]
A. 
The owner of each rental dwelling shall make written application to the City for a rental dwelling license to carry on the business of renting residential dwellings. In addition, the owner of such rental dwelling(s) constructed or converted to rental usage shall make written application to the City for a rental dwelling license as herein provided prior to initial occupancy. Such application, including application for a provisional license, shall be made on a form furnished by the City for such purpose and shall set forth the following information:
1. 
Owner's name, address, telephone number and date of birth. If the owner is a partnership, the name of the partnership and the name, residence address, telephone number and date of birth of the managing partner. If the owner is a corporation, the name and address of the corporation and the name, residence address, telephone number and date of birth of the chief operating officer. A post office box is not acceptable as a mailing address for any such person.
2. 
In cases where the owner of a rental dwelling resides outside of Johnson County, the owner shall designate a registered agent who shall reside within the limits of Johnson County. That registered agent's name, address and telephone number must be included on the application. A post office box is not acceptable as a mailing address for a registered agent. The registered agent shall be jointly and severally responsible with the owner for:
a. 
The upkeep and maintenance of the premises;
b. 
Compliance with this Chapter and all other Codes regulating the premises; and
c. 
Acceptance, service or process of all notices under this Chapter.
3. 
Manager's name, address, telephone number and date of birth. If some natural person other than the owner, or registered agent is actively involved in and responsible for the maintenance and management of the premises, that person's name, address, telephone number and date of birth must be given in the application. A post office box is not acceptable as a mailing for any person.
4. 
Address identifying location of the rental dwelling.
5. 
Number and type of rental dwelling units in any building(s).
6. 
Year of construction of the building(s).
B. 
No application shall be considered without payment of the fee prescribed by Section 635.220.
[Ord. No. 1466 § I, 8-16-2017]
All rental dwelling licenses issued under this Chapter shall be renewed by January first (1st) of each year and shall be subject to renewal year to year as described in this Chapter. All licensees shall apply for renewal on a form provided by the City. The renewal application may be abbreviated as deemed sufficient by the City. No renewal shall be granted without payment of the required annual license fee.
[Ord. No. 1466 § I, 8-16-2017]
A. 
The following standards and conditions shall be met in order to hold a rental dwelling license under this Chapter:
1. 
The licensee or applicant shall have paid the required license fee;
2. 
The licensee or applicant shall have paid any and all required inspection and re-inspection fees;
3. 
If the licensee is a business entity required to register with the Secretary of State, then such entity shall be and remain in good standing with the Kansas Secretary of State.
4. 
The rental dwelling units shall not exceed the maximum number of dwelling units permitted by the zoning;
5. 
No rental dwelling or unit shall be over occupied or illegally occupied in violation of Title IV or Title V of this Code; 6. The rental dwelling shall not be under a condemnation as hazardous or unfit for human habitation under this Code or a State Statute;
6. 
The rental dwelling shall not be maintained in a substandard condition, as defined in Section 635.110. The owner shall not suffer or allow weeds, vegetation, junk, debris or rubbish to accumulate repeatedly on the exterior of the premises so as to create a nuisance condition; and
7. 
Rental dwellings shall remain in compliance with any and all other applicable City Codes/Buildings Codes.
[Ord. No. 1466 § I, 8-16-2017]
A. 
The City shall be empowered to periodically inspect the interior and exterior of apartment buildings within the City to ensure compliance with this Chapter and other applicable Chapters, as set forth in Section 635.010. The City shall endeavor to inspect at least five percent (5%) of units in each apartment building annually, provided that a minimum of one (1) unit shall be inspected annually in each apartment building. The selection of individual units to be inspected shall be by the City pursuant to its policies.
B. 
The City shall provide reasonable prior notice and obtain the signed consent of the lawful occupant prior to performing a periodic interior inspection. The lawful occupant of a rental unit shall have the right to refuse entry for a periodic interior inspection pursuant to K.S.A. 12-16,138. If entry is refused, the City may request to enter and inspect a substitute unit within the same building or property. The City shall not seek an administrative search warrant or exercise other lawful means to enter a property solely for refusing a periodic interior inspection, but may otherwise seek entry for cause as set forth in Section 635.130.
[Ord. No. 1466 § I, 8-16-2017]
The minimum standard to be used for inspections shall be compliance with the International Property Maintenance Code, International Building Code, International Existing Building Code, International Residential Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code, and the National Electrical Code as adopted in Chapter 500 of this Code.
[Ord. No. 1466 § I, 8-16-2017]
A. 
The City shall determine if a rental dwelling structure or any rental dwelling unit therein shall be considered substandard. In doing so, the City shall utilize the definitions, criteria and standards for building safety and maintenance adopted in the Municipal Code of the City of Mission or incorporated therein by reference. Pursuant to the foregoing, the City shall establish a written guideline upon which the determination will be based. A copy of said guideline shall be available for review and inspection in the City Clerk's office.
B. 
Upon a determination that a dwelling or dwelling unit is substandard, the City shall give notice of the substandard conditions found and the corrective actions to be taken, and will specify the period of time the owner or registered agent has to perform those actions before further action is taken. Owners who fail to correct substandard conditions within the allotted time may be subject to denial, non-renewal, or revocation of their license to rent the substandard dwelling or dwelling unit pursuant to Section 635.140.
[Ord. No. 1466 § I, 8-16-2017]
When a rental dwelling or dwelling unit is determined to be unfit or hazardous pursuant to this Code or applicable Kansas Statutes, the rental dwelling license shall be revoked on the effective date of said determination. The dwelling shall be eligible to hold a rental dwelling license only after inspection and approval pursuant to the conditions established by the City.
[Ord. No. 1466 § I, 8-16-2017]
A. 
The City's representative responsible for the administration and enforcement of this Chapter may enter a building or premises at all reasonable times to conduct exterior and interior inspections of any rental dwelling:
1. 
Having received three (3) or more notices of violation of the International Property Maintenance Code during the annual rental licensing period;
2. 
When the lawful occupant of the dwelling requests an inspection;
3. 
When a dwelling unit within the same building or property has been determined to be substandard pursuant to Section 635.110; or
4. 
Where probable cause exists to believe that an unsafe, dangerous, or hazardous condition exists in such building or premises.
B. 
The City shall provide reasonable prior notice of entry to the lawful occupant and the owner, manager, or registered agent of the property. The City shall attempt to obtain entry from the lawful occupant and a consent form signed by the lawful occupant. If entry is refused, the City shall have the authority to seek entry pursuant to an administrative search warrant or other lawful means.
[Ord. No. 1466 § I, 8-16-2017]
A. 
Failure to comply with the licensing standards as set forth in Section 635.080 shall be unlawful. If the City determines that any rental dwelling or rental dwelling unit fails to comply with the licensing standards, the City shall give notice of the violation. The notice shall provide:
1. 
That the City has determined that the building fails to comply with the licensing standards for the rental dwelling as set forth in Section 635.080 and the particulars thereof;
2. 
The specific reasons why the building fails to meet licensing standards, including copies of applicable inspection reports;
3. 
That the City will deny, refuse to renew, revoke or suspend the license or provisional license unless the owner appeals the determination within fifteen (15) days after receipt of the notice in the manner provided in Section 635.170;
4. 
That after any denial, non-renewal, revocation or suspension, the rental dwelling or the affected rental dwelling units therein must be vacated and shall not be reoccupied until a license is issued after approval by the City; and
5. 
A description of how an appeal may be filed under Section 635.170.
B. 
The City shall cause a notice to tenants to be prominently posted on the building. The notice shall indicate that the rental dwelling license for the building has been denied, revoked or suspended, whichever is applicable; that the action will become final on a specific date unless the building owner appeals and requests a hearing; that tenants may be required to vacate the building when the action becomes final.
C. 
The owner and/or owner's agent may be charged in Municipal Court for failure to comply with the licensing standards. If the Municipal Court determines that the violations of the licensing standards do in fact exist, then the owner and/or owner's agent may be fined in accordance with Section 100.100 of the City's Municipal Code. Each day that the violation exists shall constitute a separate offense. Any such conviction in Municipal Court shall result in immediate revocation of the rental dwelling license owner and owner's agent.
D. 
If the tenant fails to vacate the residence for which the license has been revoked, the tenant may be charged in Municipal Court for unlawful possession of a rental dwelling. Upon conviction, the tenant may be fined five hundred dollars ($500.00) or sentenced up to five (5) days in jail, or both. Each such day that the tenant remains unlawfully in possession of the rental dwelling shall constitute a separate offense.
[Ord. No. 1466 § I, 8-16-2017]
Whenever a notice is required to be sent to or served upon the licensee of a rental dwelling under this Chapter, notice shall be deemed sufficient if sent by first class mail to the owner or owner's registered agent at the address specified in the last license application filed. Notice may also be sent to the manager of the premises. If the dwelling unit is not licensed pursuant to this Chapter, notice is deemed sufficient if sent by first class mail to the person listed for the purposes of paying taxes on the property. Notices so mailed are sufficient whether actually received or returned.
[Ord. No. 1466 § I, 8-16-2017]
A. 
Every holder of a rental dwelling license shall:
1. 
Receive a rental dwelling license certificate which shall contain the name and address of the owner of the rental property. Said certificate shall be maintained by the licensee on the premises, if possible, or at the licensee's principal place of business or with the registered agent, and shall be made available, upon request, to any tenant of a dwelling unit or to any official of the City.
2. 
Notify the City in writing of any changes of information contained in the last license application filed within thirty (30) days of such change.
3. 
Maintain a current register of all tenants and other persons with a lawful right of occupancy to a dwelling unit within the building. The register shall be kept current at all times. The licensee shall designate the person who has possession of the register. The register shall be available for inspection by the City at all times.
B. 
The owner of any dwelling that is required to be licensed by this Chapter shall, prior to the time of transfer of title of the dwelling, notify the new owner in writing of all unabated orders and violations issued by the City pertaining to such dwelling, as well as the requirement of law that the dwelling, upon transfer to a new owner, must be licensed with the City. A copy of the notification shall be mailed to the City within five (5) days of furnishing the notification to the buyer. If a corporation owns the dwelling, an officer of the corporation shall carry out the notification required by this Section. Time of transfer is the time upon the execution of any document providing for the conveyance of a dwelling required to be licensed.
[Ord. No. 1466 § I, 8-16-2017]
A. 
Any person wishing to appeal the determination, denial, non-renewal, revocation or suspension of a license or provisional license shall file a written notice of appeal with the City within fifteen (15) days after receipt of the notice of denial, non-renewal, revocation or suspension. The notice of appeal shall contain a statement of the grounds for the appeal and shall be accompanied by a fee of one hundred dollars ($100.00).
B. 
The appeal will be heard by a board comprised of one (1) City employee designated by the City Administrator, one (1) owner or manager of a licensed rental property not party to an appeal, two (2) residents of the City of Mission, one (1) member of the Mission Planning Commission and two (2) Code Officials from two (2) cities in Johnson County, Kansas. The board shall establish meetings on an as-needed basis.
C. 
The hearing will be held no later than forty-five (45) days after the receipt of the written notice of appeal.
D. 
At the hearing, the board shall hear all relevant evidence and argument. The board may admit and give effect to evidence that possesses value commonly accepted by reasonably prudent persons in the conduct of their affairs.
E. 
The board shall render its decision in writing within fifteen (15) days after the close of the hearing. The decision shall determine whether the building or the dwelling units therein, meets the licensing standards of this Chapter and shall specify the factual basis for the determination.
F. 
The board may affirm, modify or reverse the action appealed.
G. 
Notice of the final decision of the board shall be served upon the license holder or applicant.
H. 
A notice of the final decision shall be mailed to each occupant and prominently posted on the building. The notice shall indicate the date upon which tenants must vacate the building, if applicable, and shall clearly indicate which dwelling units are affected.
[Ord. No. 1466 § I, 8-16-2017]
When an application for a rental dwelling license has been denied or a rental dwelling license or provisional license has been revoked, suspended or not renewed, the City shall order the dwelling or the affected dwelling units therein vacated, giving tenants a reasonable time to arrange new housing and to move their possessions.
[Ord. No. 1466 § I, 8-16-2017]
A person who allows to be occupied or rents to another any rental dwelling unit without a license as required in Section 635.030 of this Code is guilty of a misdemeanor punishable as provided in Section 100.100 of the Municipal Code of Mission.
[Ord. No. 1466 § I, 8-16-2017]
A. 
A license issued hereunder is non-transferable. A new license application shall be required for each change of ownership of a rental dwelling.
B. 
A new owner shall submit an application for a rental dwelling license in accordance with this Chapter (including rental license fee) no more than thirty (30) days from the date of taking title to the property, provided a rental license is still required for the property.
[Ord. No. 1466 § I, 8-16-2017]
The remedies provided in this Chapter are not exclusive. They are in addition to and do not supersede or preempt other remedies such as condemnation, written violation orders and warnings and criminal charges for violation of substantive provisions of any City or State Code relating to housing maintenance, fire safety, building codes, zoning, health and the like. Further, the remedies in this Chapter do not supersede or affect the legal rights and remedies of tenants provided under State law or this Code.
[Ord. No. 1466 § I, 8-16-2017]
A. 
Annual license fees shall be assessed according to the following schedule:
1. 
Single-family/duplex property: sixty-two dollars ($62.00).
2. 
Tri-plex property: thirty dollars ($30.00) per unit.
3. 
Apartments and all other multi-family: ten dollars ($10.00) per unit.
B. 
The initial periodic inspections described in Section 635.100 shall be at no cost to the owner. The City shall be empowered to recover part or all of its actual cost to perform all other inspections, including a reasonable administrative fee, from the rental property's owner. Inspections that the owner may be held financially liable for include, but are not limited to, inspections for cause pursuant to Section 635.130 and repeat inspections of property previously found substandard, unsafe, or dangerous. The administrative fee shall be in the amount set by Section 103.110 for the administrative costs of nuisance abatement. All license, inspection, abatement or other fees that remain unpaid thirty (30) days after the City has demanded the same shall act as a lien on the subject real property and be entered on the County tax roll when consistent with, and in a manner allowed by, the laws of the State of Kansas.