[Ord. No. 1466 § I, 8-16-2017]
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.
[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.
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.
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.