[Ord. No. 3099, 6-4-2024; Ord. No. 3108, 7-15-2025]
A. 
Generally. For the purposes of this Article, the following terms have the meaning given:
BOARD OF APPEALS
Is the City Council of the City of Kennett.
DEPARTMENT
Means the Code Enforcement Office.
DIRECTOR
Means the Code Enforcement Officer or the Director's designee.
DWELLING UNIT
Means a room or group of rooms forming a single residential unit, with facilities for living, sleeping, and cooking purposes exclusively for the occupants of the unit. "Dwelling unit" does not include a room in:
1. 
A hotel, motel, nursing home, domiciliary care facility, or adult living facility; or
2. 
A college dormitory. For purposes of this provision, a dormitory is a building or space in a building in which group sleeping accommodations are provided for more than sixteen (16) persons who are not members of the same family in one (1) room or a series of closely associated rooms under joint occupancy and single management, with or without meals, but without individual cooking facilities.
RENTAL HOUSING UNIT
Means a dwelling unit that is or may be available for rent or is occupied or rented by a tenant or subtenant in exchange for any form of consideration.
[Ord. No. 3099, 6-4-2024]
A. 
Regulations. The rental licensing program established by this Article will be administered by the Director. The Director may adopt administrative regulations to implement the program.
B. 
Issuance Of Notices. Except as otherwise provided in this Article, any notice required by this Article to be made by the Director will be mailed first class mail to the rental housing unit's owner and occupants and the local representative and emailed to the owner and local representative.
[Ord. No. 3099, 6-4-2024]
A. 
In General. Rental housing units subject to this Article must be maintained to compliance with all applicable laws and regulations, including, but not limited to, the minimum maintenance standards described in Subsection (B) of this Section.
B. 
Established. The provisions of the Property Maintenance Code of the City (as adopted) and other requirements listed in the Subsection are hereby established as the maintenance standards for purposes of this Article. The captions given are for reference purposes only and do not modify any provision in any way.
Exterior requirements.
1.
IPMC 302.1 Sanitation (exterior clean, safe, and sanitary);
2.
IPMC 302.3 Private sidewalk and driveways;
3.
IPMC 302.7 Accessory structures (garages, fences, and walls);
4.
IPMC 304.2 Protective treatment (exterior surfaces painted);
5.
IPMC 304.3 Address identification;
6.
IPMC 304.6 Exterior walls (free from deterioration);
7.
IPMC 304.7 Roofs and drainage;
8.
IPMC 304.10 Stairs, decks, porches, and balconies;
9.
IPMC 304.11 Chimneys and towers;
10.
IPMC 304.12 Handrails and guards;
11.
IPMC 304.13 Windows, skylights, and door frames;
12.
IPMC 304.13.1 Glazing (glass free from cracks and holes);
13.
IPMC 304.13.2 Openable windows;
14.
IPMC 304.14 Insect screens;
15.
IPMC 304.15 Doors;
16.
IPMC 304.18.1 Doors (deadbolt lock required);
17.
IPMC 304.18.2 Windows; and
18.
IPMC 308.1 Accumulation of rubbish or garbage.
Interior requirements.
1.
IPMC 305.3 Interior surfaces;
1.
IPMC 305.4 Stairs and walking surfaces;
1.
IPMC 305.5 Handrails and guards;
1.
IPMC 305.6 Interior doors;
1.
IPMC 307 (handrails and guardrails);
1.
IPMC 309.1 Infestations;
1.
IPMC 402.2 Common halls and stairways (lighted at all times);
1.
IPMC 403.1 Habitable spaces (one window);
1.
IPMC 403.2 Bathrooms and toilet rooms (mechanical or natural ventilation required);
1.
IPMC 404.3 Minimum ceiling height seven (7) feet;
1.
IPMC 404.4 Prohibited occupancy *use of non habitable spaces for sleeping);
1.
IPMC 404.4.1 Room area;
1.
IPMC 404.4.2 Access from bedrooms;
1.
IPMC 404.5 Other requirements;
1.
IPMC 503.1 Privacy (toilet rooms and bathrooms);
1.
IPMC 504.1 General plumbing fixtures;
1.
IPMC 505.4 Water heating facilities;
1.
IPMC 602.2 Residential occupancies (heat maintained at 68° F. 10/1-5/1);
1.
IPMC 605.1 Installation (electrical equipment properly installed and maintained);
1.
IPMC 605.2 Receptacles;
1.
IPMC 702.1 General (means of egress); and
1.
IPMC 702.3 Locked Doors (no keys from side of egress).
Alarms. Smoke alarms and carbon monoxide alarms must be installed and maintained in accordance with state and local laws. Whenever conflicting provisions or requirements occur between the referenced regulations or laws, the most restrictive will govern.
[Ord. No. 3099, 6-4-2024]
The City Council shall establish licensing fees, inspection fees, and other administrative or regulatory fees deemed necessary for the effective implementation of this Article.
[Ord. No. 3099, 6-4-2024]
A. 
Exceptions. The requirements of this Article do not apply to rental housing units:
1. 
Owned or operated by the Housing Authority within the City of Kennett;
2. 
Comprising facilities or institutional uses that are subject to a requirement to be licensed by a State or local government agency;
3. 
Located on a lot comprising no more than two (2) units, one (1) of which is occupied by the owner; or
4. 
That are newly constructed and have held a valid certificate of occupancy for no more than two (2) years; or
5. 
Comprising facilities occupied exclusively by members of a religious order.
B. 
Other Laws. Nothing in this Article should be construed to relieve a property owner from compliance with all applicable Federal, State and local regulations, including, but not limited to, the Property Maintenance Code, Building Code, and other technical codes.
[Ord. No. 3099, 6-4-2024]
Each owner of a rental housing unit shall designate a local representative with authority to act on behalf of the owner for all purposes under this Article, including the acceptance of notices from the City. The owner may act as the owner's own local representative. The local representative must maintain a residence or business address within sixty (60) miles of the intersection of Main Street and St. Francis Street in the City of Kennett.
[Ord. No. 3099, 6-4-2024]
A. 
In General. As of January 1, 2025, the owner of a rental housing unit may not rent or offer to rent a rental housing unit without a valid license to do so from the Department.
B. 
Compensation. The owner of a rental housing unit may not charge, accept, retain, or seek to collect any rental payment or other compensation for providing to another the occupancy of a rental unit unless the owner was licensed under this Article at both the time of the offering and the time of providing the occupancy.
[Ord. No. 3099, 6-4-2024]
A. 
Information Provided. The application for a new or renewal license must be made using this form and contain the information and documentation that the Director requires. The application form will include;
1. 
The address of property to be used as a rental unit;
2. 
The addresses of any other rental units owned by the owner;
3. 
The name, address, telephone number, and email address of all owners of the property;
4. 
The name, address, telephone number, and email address of the local representative;
5. 
A certification that the property meets the maintenance requirements of this Article; and
6. 
Any other information deemed necessary by the Director.
B. 
Issuance Or Denial. If the Director finds that the application meets the requirements of this Article, the Director will issue the owner a license authorizing the owner to rent or offer to rent the unit. If the Director determines that an application does not meet the requirements of this Article, the Director will deny the license, set forth the reasons for the denial in writing, and provide it to the owner. The owner may appeal the denial of a license in accordance with Section 525.100 of this Article.
C. 
Update Of Information. A property owner has a continuing obligation to ensure that the information provided at the time of license application remains valid. The owner shall notify the Department of any change, in writing, within thirty (30) days after the change.
D. 
Transfer. Licenses are specific to one (1) owner and one (1) property and are transferable. If a property is sold, the new owner shall apply for a license transfer within thirty (30) days after the transfer.
E. 
Renewal. Once license pursuant to Subsection (A) of this Section, an owner shall apply for a renewal license for a rental housing unit once every two (2) years.
[Ord. No. 3099, 6-4-2024]
A. 
Requirements. Rental housing units will be inspected in accordance with this Section for the purpose of determining compliance with the minimum maintenance standards.
B. 
Notice. Except as otherwise provided in this Section, the Director shall issue a written notice of the date and time of any inspection to be conducted under this Section at least seventy-two (72) hours before the date of the inspection.
C. 
Random Inspections. Inspections will be made on a random basis, in accordance with procedures established by the Director. The procedures must require at least fifty percent (50%) of residential rental units licensed under this Article to be inspected each year. For purposes of this Subsection, the number of units to be inspected will be based on the units licensed on January 1 of each year.
D. 
Inspection For Cause. The Director may require an inspection at any time, based on a determination that the residential rental unit may pose a risk of harm to its tenants. In making that determination, the Director shall consider;
1. 
The current condition of the premises, including the number, nature, and severity of violations found;
2. 
The history of Code violations documented for the unit; and
3. 
The condition of other properties owned by the same owner.
E. 
Right Of Entry. Subject to this Subsection, with the consent of an occupant or owner or pursuant to a lawfully issued warrant, the Director may enter any building, structure, or premises in the City to perform any duty imposed by this Article. If the Director has reasonable cause to believe that the rental housing unit is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, an inspector employed by the Department may use any reasonable means required to immediately enter and inspect the unit.
F. 
Notice Of Compliance. Following any inspection conducted in accordance with this Section, if the inspector finds no violation of any maintenance standards the Department shall issue a notice of compliance stating that the property complies with the requirements of this Article.
G. 
Notice Of Violation. If the inspector determines that a rental housing unit is in violation of one or more maintenance standards, the Department shall provide the owner with a notice of violation, including an inspection report, indicating the actions to be taken to bring the unit into compliance.
H. 
Second Inspection. After the deadline specified in the notice of violation for performing the required repairs or actions, the rental unit will be inspected again.
I. 
Third Inspection. If the unit is not in compliance after the second inspection, a third inspection may be made.
J. 
Revocation. If the unit is not in compliance after the third inspection, the Director may revoke the license in accordance with Section 525.100 of this Article.
K. 
Condemnation. If the Director determines that the rental unit is unit for human occupancy, as that term is defined in the Property Maintenance Code, the structure will be condemned and placarded in accordance with the Property Maintenance Code.
[Ord. No. 3099, 6-4-2024]
A. 
Grounds. In addition to any other penalty allowed under this Article or other applicable law, the Director may revoke a license if the owner;
1. 
Fails to bring a dwelling unit into compliance after third inspection as described in Section 525.090 of this Article;
2. 
Knowingly made a materially false statement in an application for rental licensing;
3. 
Refuses to allow entry for inspection; or
4. 
Fails to comply with any provision of this Article.
B. 
Notice Of Revocation. If a license is revoked, the Director shall issue a written notice of revocation, including the grounds for the revocation and the process to appeal the revocation.
C. 
Reissuance. After a license is revoked, an owner wishing to obtain a new license must wait at least six (6) months and then may reapply in accordance with this Article.
D. 
Appeal. The owner may appeal the revocation of a license in accordance with Section 525.120 of this Article.
[Ord. No. 3099, 6-4-2024]
A. 
Timing — Denial. Within twenty (20) days after the issuance of a notice of denial, the property owner may appeal the denial to the Board of Appeals in accordance with this Section.
B. 
Timing — Revocation; Notice To Vacate. Within twenty (20) days after the issuance of a notice of revocation, the owner shall proceed under either paragraph (1) or paragraph (2) of this Subsection. Failure to engage in either course of conduct will be deemed a decision not to appeal. The owner shall:
1. 
Issue the occupants of the rental unit a notice to vacate in accordance with Section 525.120 of this Article; or
2. 
Appeal the revocation to the Board of Appeals in accordance with this Section. If the owner appeals, the subsequent issuance of a notice to vacate will be in accordance with Subsection (G) of this Section.
C. 
Form. Appeals must be filed on a form provided by the Department in accordance with procedures established by the Department and must state the grounds for the appeal. The appeal must be accompanied by a copy of the notice being appealed and a filing fee as specified in the fee schedule ordinance then in effect.
D. 
Stay. The timely Filing of a notice of appeal will stay the effectiveness of a revocation. The stay will be lifted upon the issuance of a written decision under Subsection (F) of this Section.
E. 
Hearing. Within thirty (30) days after the filing of a notice of appeal, the Board of Appeals will convene to hear the appeal. At the hearing, the owner may appear and be heard or may be represented by an agent or attorney. The owner and the Director may testify, present documents and other evidence, including witness testimony, and cross-examine witnesses. The Commission shall consider all relevant evidence submitted at the hearing. The owner has the burden of persuasion to show that the license was denied or revoked in error.
F. 
Decision. Within fifteen (15) days after the hearing, the Board of Appeals shall issue a written decision affirming or reversing the Director's decision to deny or revoke the license.
G. 
Notice To Vacate. If the Board of Appeals affirms the Director's decision to revoke a license. The property owner shall issue a written notice to vacate in accordance with Section 525.120 of this Article.
[Ord. No. 3099, 6-4-2024]
A. 
In General. An occupant must vacate the property within sixty (60) days after a notice is issued.
B. 
Contents Of Notice. A notice to vacate must be written on a form provided by the Department.
C. 
Security Deposits. If tenants are required to vacate a property, the owner shall return any due security deposit.
D. 
Information Provided By The City. The City will provide tenants with Information on available housing resources.
[Ord. No. 3099, 6-4-2024]
A. 
Unlawful Rental. Renting or offering a unit for rent without a valid license is a municipal infraction punishable by a fine not to exceed one thousand dollars ($1,000.00). Each day a violation continues will be considered a separate offense.
B. 
Other Remedies. In addition to the penalty set forth in Subsection (A) of this Section, the City may seek any other remedies available to it at law or in equity to abate, restrain, or correct a violation of this Article.
[Ord. No. 3099, 6-4-2024]
In addition to the protections provided to a tenant by Missouri Law, an owner may not, as a result of any action taken under this Article, bring or threaten to bring an action for possession against a tenant; arbitrarily increase the rent or decrease the services to which a tenant has been entitled; or terminate a periodic tenancy.
[Ord. No. 3099, 6-4-2024]
A. 
Revenues. The special funds described in this Section will contain revenues collected as fees or fines payable in connection with the rental licensing program established by this Article.
B. 
Operating Costs. Except as otherwise provided in this Section, revenues will be used to pay operating costs directly attributable to the administration and enforcement of the rental licensing program.
C. 
Beautification Fund. A fund will be established to help preserve and beautify the City of Kennett (after operating costs). All fees collected for inspections for cause and all fines collected for violations of the Article will be deposited into the beautification fund.
D. 
Use Of Funds. On or before July 1, 2025, the Finance Committee will establish regulations as needed to effectively implement the requirements of this Section, including the distribution of money for the operating cost and beautification fund.
[Ord. No. 3099, 6-4-2024]
A. 
Required. The Director shall prepare a written report, to be presented to the City Council by March 1 of each year, evaluating the rental licensing program established by this Article.
B. 
Contents. The annual report must include the following information:
1. 
The number and type of rental housing units issued a new or renewal license;
2. 
The number of random inspections conducted, and a summary of the results of those inspections;
3. 
The number of inspections conducted for cause, and a summary of the results of those inspections;
4. 
The number of notices of violation issued under this Article and the grounds upon which each violation is based;
5. 
The number of licenses revoked and the grounds for the revocation;
6. 
The number of notices to vacate issued;
7. 
The number of citations issued and information regarding the payment or adjudication of those citations;
8. 
A description of the educational efforts made under Section 525.150 of this Article;
9. 
A summary of the status of the special funds, including amounts allocate and a description of any expenditures; and
10. 
Recommendations for legislative or policy changes.