[Amended 3-6-2018 by Ord. No. 222]
The purpose of this article is to protect the public health,
safety and general welfare of the people of the City with regard to
non-owner-occupied dwellings, including:
(a)
Protecting the character and stability of residential areas;
(b)
Correcting and preventing housing conditions that adversely affect
or are likely to adversely affect the life, safety, general welfare
and health, including the physical, mental and social well-being of
persons occupying dwellings;
(c)
Providing minimum standards for the maintenance of existing residential
buildings, thus preventing slums and blight; and
(d)
Preserving the value of land and buildings throughout the City.
For purposes of this article, the following terms shall mean:
A building or structure, or portion of a building or structure,
designed for or used for human habitation.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with cooking, living, sanitary and/or
sleeping facilities.
One's spouse, child or adopted child, father, mother,
brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law,
grandparent, or grandparent-in-law, grandchild, or any natural or
adopted child or grandchild of one's spouse.
The occupant(s) of a dwelling or dwelling unit; or the owner
of such that is unoccupied.
The act of living, sleeping, cooking, eating or actually
having possession or control of a dwelling or dwelling unit.
Any person(s) living, sleeping, cooking, eating or actually
having possession or control of a dwelling or dwelling unit.
Any person who, alone or jointly or severally with others:
Has legal title to any building with or without accompanying
actual possession thereof; or
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
Has possession or right to possession under a contract or deed.
Any individual, firm, corporation, association, partnership,
cooperative or governmental agency.
The building(s) in which the rental dwelling unit(s) is(are)
located and all land appurtenant to such building(s) on a single parcel.
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.
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.
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 article.
Any dwelling located on property which has been zoned as
a Single Family Residential District pursuant to the zoning laws of
the City.
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.
(a)
The City shall have authority to exercise its licensing powers under
this article, 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. It shall be unlawful for the owner of a dwelling or single-family
dwelling to rent such dwelling to any person for rental dwelling or
occupancy without first obtaining a license under the terms of this
article. This applies to people who allow to be occupied or rent to
another for occupancy at the time this article 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 $500
or sentenced up to five days in jail, or both.
(b)
The initial license may be applied for at any time, but the date
of expiration of the initial license shall be March 31 next succeeding
the issuance of the initial license. The renewal license shall be
issued for a twelve-month period commencing on April 1 and ending
on March 31 of the following year.
(a)
Any person desiring a license shall make written application to the
City Clerk on a form supplied by the City and containing such information
as is necessary to administer and enforce the provisions of this article.
Such application shall contain at a minimum the name and address of
the owner, the address of the property, a consent by the owner to
receive notices as provided in this article at a specified address,
and a consent to the inspections provided in the article.
(b)
If any rental property is offered for lease by an owner of property
who is not a resident of Johnson County, Kansas, the owner shall designate
a resident agent who resides in Johnson County, Kansas, who shall
be responsible for the payment of all fees and penalties, receipt
of notices and all other matters provided herein.
(c)
The application shall be accompanied by the license fee established in § 8-202L of this Code. The licensing fee shall be prorated for the number of months, always rounded up to the next whole dollar, between the date of the issuance of the license and the date of March 31 next succeeding the issuance of the license. No refund of the license fee shall be made to those discontinuing operation or who sell, transfer, give away or otherwise dispose of a licensed dwelling to another person.
Upon receipt of a completed application and the license fee, the City Clerk shall issue a temporary certificate indicating that a license has been duly applied for, and the City Clerk shall attach a sample of the inspection form which will be used to inspect the property by the City official, along with a copy of Article 3 of Chapter 8 of the Code. A temporary certificate shall authorize the occupancy or continued occupancy of the dwelling unit in its present existence and use, pending the issuance or denial of the license. Structures to be converted to rental usage shall not be occupied for human habitation prior to issuance of a temporary certificate.
(a)
Upon receipt of a properly completed application and license fee,
the City shall cause the dwelling and the property upon which it is
located to be inspected by the City Building Official or such official's
designated representative. The City Building Official or his or her
designated representative shall inspect the dwelling and the property
upon which it is located to determine the following:
(2)
That, based upon an inspection of the exterior of the dwelling, the dwelling meets the requirements of the applicable building codes and standards contained in Chapter 5 of the City Code.
(3)
That no condition exists on the exterior of the dwelling or
on the property upon which the dwelling is located which constitutes
a violation of any other Code section or ordinance of the City.
(b)
If the City Building Official finds that the dwelling and the property
upon which it is located meet the requirements specified herein, then
he or she shall approve the application and notify the City Clerk
that the property has passed the inspection.
(a)
The City Clerk shall cause the license to be issued upon receipt of a properly completed application, the applicable license fee and the approval of the City Building Official. All rights granted under a temporary certificate shall expire upon the issuance of the license. Compliance with the requirements necessary to pass inspection as set forth in § 8-306 shall be a continuing condition of the license; noncompliance with any such requirements may result in a suspension of the license pursuant to § 8-309.
(b)
If the City Building Official finds that the property does not meet
the requirements of this article, a written denial specifying the
defects shall be mailed or personally delivered to the applicant.
At such time as the applicant has cured any defects and the City Building
Official has verified the correction thereof, the City Clerk shall
cause the license to be issued in accordance with the provisions of
this article. In the event the applicant has not cured all the defects
specified by the City Building Official within 60 days of the delivery
of the notice thereof, all rights granted under a temporary certificate
shall expire.
Each initial license issued under the provisions of this article shall expire on March 31 next succeeding the issuance of the license. A license may be renewed upon the completion of the application described in § 8-304 hereof, the payment of the licensing fee, and the property passing the inspection as provided in § 8-306 hereof. If a proper application has been filed for the renewal of a license and the licensing fee has been paid before the expiration date or within 10 days following the expiration date, the owner shall be deemed to be in compliance with the licensing requirements of this article pending the inspection being made by the City pursuant to § 8-306.
(a)
Whenever the City Building Official or designated representative
determines that any dwelling or the property surrounding such dwelling
fails to meet the requirements set forth in this article, he or she
shall suspend the license previously issued and shall issue a notice
that such failure must be corrected. This notice shall:
(1)
Be in writing;
(2)
Set forth the alleged violation;
(3)
Describe the dwelling or other property where the violation
or violations are alleged to exist or have been committed;
(4)
Provide a reasonable time, not to exceed 60 days, for the correction
of any alleged violations;
(5)
Be served on the owner of the dwelling personally, or by certified
mail, addressed to the last known place of residence of the owner,
or the address of the owner provided on the application for the license.
If, upon a diligent effort to locate the owner, the owner cannot be
found, notice may be posted on or near the dwelling located on the
property described in the notice.
(b)
A license suspended pursuant to the provisions hereof shall be reinstated
upon correction of the violation set forth in the notice within the
time provided in the notice.
(c)
Whenever an owner of a dwelling neglects or refuses to make repairs
or take other corrective action called for by order or notice of violation
issued by the City Building Official within the time allowed by the
notice, the City Building Official shall revoke the license previously
issued and shall post a notice on the dwelling or other property stating
the nature of the violation and that the license to rent the dwelling
is revoked. It shall be unlawful and punishable as provided herein
for any person to remove such notice posted by the City Building Official.
The issuance of a new license shall be subject to the payment of the
full application fee.
In addition to the remedies and penalties otherwise prescribed
in this article, the City may abate any nuisance in the manner set
forth in K.S.A. 12-1617e, or amendments thereto, providing for the
abatement of nuisances and the assessment of costs, or may repair
or remove any unsafe or dangerous structure in the manner set forth
in K.S.A. 12-1750 et seq., or amendments thereto, providing for the
repair or removal of unsafe or dangerous structures, or may take such
action as may otherwise be provided by law or the Code of the City.
The City Building Official shall enforce the provisions of this
article and is thereby authorized to make inspections on a scheduled
basis or when reason exists to believe that violation of this article
has been or is being committed.
