[Ord. No. 1088, 4-4-2024]
A.
The
purpose of this Chapter is to protect the public health, safety and
general welfare of the people of the City with regard to rental housing,
including:
1.
Protecting the character and stability of residential areas;
2.
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;
3.
Providing minimum standards for the maintenance of existing residential
buildings, thus preventing slums and blight;
4.
Preserving the value of land and buildings throughout the City.
[Ord. No. 1088, 4-4-2024]
As used in this Chapter the following terms shall have the meanings
indicated:
Any person, partnership, firm or corporation who, alone,
jointly or severally with others is the title holder of any property
upon which a dwelling is located. For purposes of this Chapter, the
owner shall include the titleholder, any employee or agent of the
titleholder, a trustee serving for the benefit of any titleholder,
a conservator of the estate of any titleholder, or an executor or
administrator of the estate of any deceased titleholder.
The lot, tract, or parcel of real estate upon which a dwelling
is located.
Any dwelling located on property which has been zoned as
a Single-Family Residence District pursuant to the zoning laws of
the City.
Any building or portion thereof, which is designed or used
for residential dwelling purposes.
A dwelling designed for or occupied exclusively by two (2)
families.
A dwelling or portion thereof designed for or occupied by
three (3) or more families, but which may have joint services or facilities
for more than one (1) family.
Any dwelling, dwelling unit, rooming unit, room or portion
of any dwelling unit, rooming unit or room rented or leased for valuable
consideration for periods of time less than thirty (30) days, with
two (2) guests per bedroom (or fewer) where the rental may only serve
as an accessory use, but excludes boarding houses.
[Ord. No. 1088, 4-4-2024]
A.
It
shall be unlawful for the owner of a single-family dwelling or duplex
to rent such dwelling to any person for dwelling purposes without
first obtaining a license. Additionally, any owner wishing to rent
a dwelling as a short-term rental must obtain a City of Buckner business
license pursuant to the provisions contained in the Buckner Municipal
Code. The procedure for the application and the issuance of the initial
license shall be the procedure set forth in this Chapter. The initial
license may be applied for at any time, but the date of expiration
of the initial license shall be determined by the location of the
single-family dwelling or duplex for which the license is required
as set forth below. The date of each year upon which a person is required
to make application for and obtain a renewal license under the provisions
of this Chapter shall be determined by the location of the single-family
dwelling or duplex for which the license is required, as follows:
|
Location of Property
|
Application Date
|
Expiration Date
|
|---|---|---|
|
Ward 1
|
March 1
|
February 28
|
|
Ward 2
|
May 1
|
April 30
|
|
Ward 3
|
July 1
|
June 30
|
B.
The
renewal license shall be issued for a 12-month period commencing on
the initial application date and ending on the expiration date set
forth above.
[Ord. No. 1088, 4-4-2024]
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 Chapter.
Such application shall contain as 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 Chapter at a specified address
and a consent to the inspections provided in this Chapter. If any
rental property is offered for lease by an owner of property who is
not a resident of Jackson County, Missouri, the property owner shall
designate a resident agent who resides within in Jackson County, Missouri,
they will be responsible for the payment of all fees and penalties,
receipt of notices and all other matters provided herein. For short-term
rentals the property owner or their registered agent must reside within
thirty (30) concentric miles of the rental property. The property
owner or their registered agent shall be available to be present at
the rental property within thirty (30) minutes of notification from
the City to help assist whatever situation their presence is necessary
for. The application shall be accompanied by the license fee in the
amount of one hundred dollars ($100.00). 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.
B.
Short-Term
Rentals Requirements.
1.
Any resident wishing to host a short-term rental must notify owners
of record of lands located within at least one hundred (100) feet
of the property which is the subject of the application, thus providing
the property owner the opportunity to file an objection to issuance
of the short-term rental license. The mailed notice shall be given
by certified mail, return receipt requested. Mailed notices shall
be addressed to the owners of record of the property. When the notice
has been properly addressed and deposited in the mail, failure of
any party to receive mailed notice shall not invalidate any action
taken on the application. Mailed notice may be waived provided that
a verified statement specifically indicating the waiver is signed
by all property owners within the notification area and filed with
City Hall. The applicant shall file with City Hall the returned receipts
from the certified mailings and an affidavit stating the names and
addresses of the persons to whom notice was sent; failure to submit
the affidavit will result in the application being denied. If the
City Hall has received not more than two (2) protests concerning the
short-term rental license application, City Hall shall issue the short-term
rental license. If three (3) or more of the mailed notice or waiver
objections are received, the application shall go before the Board
of Aldermen before approval in which the license may be denied.
2.
Any short-term rental operating within the City must include the
City rental license on marketing materials and online platforms the
resident is using to advertise the rental of their home.
3.
Any short-term rental license must include the contact information
of the Code Enforcement Officer or their designee. It also must include
the contact information of the registered agent or property owner.
4.
Any short-term rental application must include a completed safety
checklist attestation.
[Ord. No. 1088, 4-4-2024]
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
with a sample of the inspection form which will be used to inspect
the property by the inspector of the applicant's choice or the City's
designated representative, along with a copy of this Chapter 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.
[Ord. No. 1088, 4-4-2024]
A.
Purpose.
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 inspector of the applicant's choice
or the City's designated representative. The inspector of the applicant's
choice or the City's designated representative shall inspect the dwelling
and the property upon which it is located to determine the following:
1.
That the use of the property is in compliance with the applicable
zoning laws.
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 the Buckner Municipal Code and the rules and
regulations promulgated by the Buckner Rental Inspection Program.
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.
|
If the inspector of the applicant's choice or the City's designated
representative finds that the dwelling and the property upon which
it is located meets the requirements specified herein, then he or
she shall approve the application and notify the City Clerk that the
property has passed the inspection.
|
B.
Single-family
Dwellings And Duplexes, Including Permissible Short-Term Rentals.
Interior and exterior inspections of single-family dwellings and duplexes
may be conducted at any time upon the request of the lawful occupant.
Exterior inspections shall be conducted annually at the time an application
is submitted for a license or a renewal license. Beginning on January
1, 2025, upon any dwelling becoming vacant, the owner shall notify
the City and, if consented to by the owner or the owner's representative,
an interior inspection shall be conducted in the presence of the owner
or the owner's representative prior to the dwelling being occupied
by a new tenant, unless the dwelling has been inspected within the
previous twelve (12) months. Failure of the owner to notify the City
that a dwelling has become vacant within fifteen (15) days after vacation
of the dwelling shall be a public offense. Interior inspections may
also be conducted pursuant to an administrative search warrant.
C.
Multi-Family
Dwellings. Interior and exterior inspections of multi-family dwellings
may be conducted at any time upon the request of the lawful occupant.
Beginning on January 1, 2025, interior and exterior inspections of
each dwelling unit in a multi-family dwelling shall also be conducted
by the inspector of the applicant's choice or the City's designated
representative approximately once every four (4) years; multi-family
dwelling units shall be systematically selected for such inspections.
Interior inspections shall only be conducted with the consent of the
lawful occupant or pursuant to an administrative search warrant.
D.
Reinspection.
If, upon inspection of a dwelling, the City Administrator determines
that the dwelling is not in compliance with applicable City ordinances,
staff will discuss a schedule and process to achieve compliance with
the owner or tenant. Reinspections shall be conducted to ensure that
appropriate corrective action has been completed.
[Ord. No. 1088, 4-4-2024]
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 Administrator. 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
this Chapter shall be a continuing condition of the license; non-compliance
with any such requirements may result in a suspension of the license
pursuant to this Chapter.
B.
If
the inspector of the applicant's choice or the City's designated representative
finds that the property does not meet the requirements of this Chapter,
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 inspector of the applicant's choice or the City's
designated representative has verified the correction thereof, the
City Clerk shall cause the license to be issued in accordance with
the provisions of this Chapter. In the event the applicant has not
cured all the defects specified by the inspector of the applicant's
choice or the City's designated representative within sixty (60) days
of the delivery of the notice thereof, all rights granted under a
temporary certificate shall expire.
[Ord. No. 1088, 4-4-2024]
Each initial license issued under the provisions of this Chapter
shall expire on the expiration date set forth in this Chapter. A license,
other than an initial license, shall expire on the month and day set
forth in this Chapter following the date of its issuance. A license
may be renewed upon the completion of the application described in
this Chapter, the payment of the licensing fee, and the property passing
the inspection as provided in this Chapter. 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 ten (10) days following
the expiration date, the owner shall be deemed to be in compliance
with the licensing requirements of this Chapter pending the inspection
being made by the City pursuant to the provisions of this Chapter.
[Ord. No. 1088, 4-4-2024]
A.
Whenever
the City Administrator or their designated representative determines
that any dwelling or the property surrounding such dwelling fails
to meet the requirements set forth in this Chapter, 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 sixty (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 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 Administrator within the time allowed by the notice,
the City Administrator or their designee 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 Administrator or their designee. The issuance of a new license
shall be subject to the payment of the full application fee.
[Ord. No. 1088, 4-4-2024]
In addition to the remedies and penalties otherwise prescribed in this Chapter, the City may abate any nuisance in the manner set forth in Section 215.150, and pursuant to Missouri law, providing for the abatement of nuisances and the assessment of costs, or may repair or remove any unsafe or dangerous structure in the manner pursuant to Missouri law 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.
[Ord. No. 1088, 4-4-2024]
The City Administrator (or their designee) shall enforce the
provisions of this Chapter and are thereby authorized to make inspections
on a scheduled basis or when reason exists to believe that violation
of this Chapter has been or is being committed. Inspections shall
be undertaken with the consent of the lawful occupant or other person
exercising control of the dwelling, or by issuance of an administrative
search warrant.
[Ord. No. 1088, 4-4-2024]
A.
Any
person operating a short-term rental whose occupant(s) create noises
that violate the City's noise ordinance shall be guilty of violating
this Section, and the number of offenses under this Section determine
the penalties solely as to noise violations:
1.
First time offense: warning to the occupant(s) and property owner.
2.
Second time offense: a fine not to exceed one hundred dollars ($100.00).
3.
Third time offense: suspension of the short-term rental permit for
a period of thirty (30) days to begin the day immediately following
the violation.
4.
Fourth time offense: suspension of the short-term rental permit for
a period of three (3) months to begin the day immediately following
the violation.
5.
Fifth time offense: revocation of the short-term rental permit.
B.
The
violations in this Section shall be stacked upon one another, and
shall exist for the life of the short-term rental.
[Ord. No. 1088, 4-4-2024]
A.
Any
person operating a short-term rental without a valid, issued City
rental license or found in violation of any provision of this Chapter
shall be subject to a three hundred fifty dollar ($350.00) fine for
each violation. Each and every thirty-day period that such violation
continues constitutes a separate offense. The City has the right to
revoke or refuse the issuance of any new or renewed rental license
for the cited property and/or to the cited owner and/or operator anywhere
else within the City if they are found to be in violation of the City
Code.
