City of Mission, KS
Johnson County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 1225 §2, adopted December 13, 2006, superseded ch. 635 and enacted new provisions set out herein. Former ch. 635 derived from ord. no. 953 §1, 10-22-97; CC 2000 §§4-1801 — 4-1818; ord. no. 987 §4(4-1806), 1-12-00.

Section 635.010 Statement of Purpose.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
The purpose of this Chapter is to protect the public health, safety and general welfare of the residents of Mission in rental dwellings. The object of this Chapter is to:
1. 
Protect the character and stability of residential areas;
2. 
Correct and prevent housing conditions that adversely affect the safety, health and welfare of residents of rental properties;
3. 
To enforce minimum standards for heating, sanitary equipment, light and ventilation necessary for health and safety;
4. 
To preserve the value of land and buildings throughout the City;
5. 
To prevent the overcrowding of dwellings by enforcing minimum standards per occupant for each dwelling unit;
6. 
To enforce minimum standards for the maintenance of existing residential buildings and thus to prevent slums and blight;
7. 
To protect the public from increased criminal activity that tends to occur in residential areas that are unstable due to dwellings that are blighted or substandard; and
8. 
To provide a mechanism for enforcement and the administration of the City Code and ordinances to insure that the above purposes are accomplished.
It is not the intention of the Council to intrude upon contractual relationships between tenant and landlords. The Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to hear complaints by landlord or tenant that do not clearly relate to the provisions of this Chapter.

Section 635.020 Applicability.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
The provisions of this Chapter shall apply to all rental dwellings and dwelling units, including rented single-family dwellings, multi-family dwellings and rented dwelling units in owner-occupied dwellings. 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.

Section 635.030 License Requirement.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
No person shall allow to be occupied or rent to another for occupancy any 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.

Section 635.040 Definitions.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
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.
DEPARTMENT
The Neighborhood Services Department.
DIRECTOR
The Neighborhood Services Coordinator.
DWELLING
A building or structure or portion of a building or structure designed for or used for human habitation.
DWELLING UNIT OR UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with cooking, living, sanitary and sleeping facilities.
INSPECTOR
The City-appointed official known as the Housing Inspector or other designated person.
MANAGER
Any person who, alone or jointly or severally with others, shows rental dwelling units to prospective tenants and/or enters lease agreements on the owner's behalf and/or receives rent from tenants.
NEW CONSTRUCTED DWELLINGS
A dwelling constructed after 1994. This measurement may be determined from the date of the certificate of occupancy issued by Codes Administration upon completion of construction.
OCCUPANT
Any person living, sleeping, cooking or eating or actually having possession of a dwelling unit or a rooming 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 in which the unit is located and all land appurtenant to such building.
PUBLIC OFFICER
The Housing Inspector.
REGISTERED AGENT
The person designated by the owner to be the agent required by Section 635.060(1) of this Code.
ROOMING HOUSE
Any building or portion thereof containing not more than three (3) sleeping rooms that are used by not more than three (3) occupants where rent is paid in money, goods, labor or otherwise.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes.
UNIT
Any dwelling unit or rooming unit.

Section 635.050 What The License Covers.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
One (1) license shall be issued for each building with rental dwelling units and shall be deemed to cover all such dwelling units under common ownership.
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 license with respect to an entire building or only specific units found to be in violation of this Code.

Section 635.060 Application For License.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
The owner of each rental dwelling shall make written application to the City for a license to carry on the business of renting residential dwellings. In addition, the owner of such rental dwelling constructed or converted to rental usage shall make written application to the City for a 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 Neighborhood Services Department 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. In cases where the owner of a dwelling resides outside of Johnson County, the owner shall designate a resident 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. 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.
2. 
Manager's name, address, telephone number and date of birth. If some natural person other than the owner, manager or 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.
3. 
Agent's name, address and telephone number.
4. 
Address identifying location of the dwelling.
5. 
Number and type of units in building (dwelling units, rooming units or shared bath units).
6. 
Year of construction.
No application shall be considered without payment of the fee prescribed by Section 635.230.

Section 635.070 Expiration — Renewal.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
All 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 Neighborhood Services Department. The renewal application may be abbreviated as deemed sufficient by the Neighborhood Services Coordinator. No renewal shall be granted without payment of the required annual license fee.

Section 635.080 Licensing Standards.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
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 license of applicant shall have paid any and all required inspection and reinspection fees;
3. 
The rental dwelling units shall not exceed the maximum number of dwelling units permitted by the zoning;
4. 
No rental dwelling or unit shall be over occupied or illegally occupied in violation of Title IV or Title V of this Code;
5. 
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 have been used or converted to rooming units in violation of the Zoning Code;
7. 
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
8. 
Rental dwellings shall remain in compliance with any and all other applicable City Codes/Buildings Codes.

Section 635.090 Identifying Guidelines.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
The Neighborhood Services Department shall adopt a policy for inspecting all rental dwellings which are required to be licensed under this Chapter. The policy shall contain objectives for the systematic inspection of all rental dwellings and priorities for the use of scarce inspection resources. The guidelines shall be based upon the following factors in addition to any other factors deemed by the Neighborhood Services Coordinator to promote an efficient inspections program:
1. 
Property identified by the inspections department as having an excessive number of housing code violations or a history of non-compliance or slow compliance with code enforcement standards;
2. 
Rental dwellings for which no license or provisional license has been applied;
3. 
Rental dwellings with an excessive number of Police calls for drug offenses, crimes of force, violence or disorderly conduct;
4. 
Rental dwellings with delinquent property taxes;
5. 
Geographic distribution and concentration of rental dwellings; and
6. 
Sale of the equitable interest in a rental dwelling property.
The Housing Inspector or his/her designated agent may conduct interior inspections of any rental dwelling that has received three (3) or more exterior maintenance code violation notices during the annual rental licensing period. Exterior maintenance violations will be defined as violations of the City's adopted International Property Maintenance Code. In the event that the rental dwelling to be inspected is occupied, the Neighborhood Services Department shall obtain the occupant's written consent prior to the Inspector's entry into or upon such dwelling; provided, however, that nothing herein contained shall be construed to prohibit an inspection of any dwelling by the Housing Inspector or his/her designated agent when any such inspection is requested by the tenant or occupant of the dwelling or unit.

Section 635.100 Minimum Inspection Standards.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
The minimum standard to be used for inspections, pursuant to Section 635.090, for compliance with the International Property Maintenance Code, International Building Code, International Residential Code, International Fire Code, International Plumbing Code, International Electrical Code shall include the inspection of the building exterior, the common areas and the basement. If there are five (5) or more individual dwelling units in the building, the City shall endeavor to inspect at least five percent (5%) of such units annually, provided that a minimum of one (1) unit shall be inspected annually. The specific individual dwelling units to be chosen for inspections shall be vacant made-ready units, provided that a minimum of five percent (5%) of total units are inspected on an annual basis.
B. 
If any unit in the rental dwelling building is determined to be "substandard" as defined in this Chapter, the Housing Inspector or his/her designee may inspect additional or all of the units in the building.

Section 635.110 Substandard Dwelling.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
The Housing Inspector shall determine if a rental dwelling structure shall be considered substandard. In doing so, the Housing Inspector shall utilize the definitions, criteria and standards adopted in the Municipal Code of the City of Mission or incorporated therein by reference. Pursuant to the foregoing, the Neighborhood Services Coordinator 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 and the office of the Neighborhood Services Department.

Section 635.120 Hazardous or Unfit Dwellings.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
When a rental dwelling unit is determined to be unfit or hazardous pursuant to this Code or applicable Kansas Statutes, the rental dwelling license shall be canceled 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 Housing Inspector.

Section 635.130 Right of Entry — Unlawful Interference — Penalty.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
Absent exigent or emergency circumstances, whenever necessary to make an inspection to enforce any of the provisions of this Chapter or whenever the Neighborhood Services Coordinator or his/her designated official has reasonable cause to believe that there exists in any dwelling unit or upon any premises any condition or Code violation that makes such building or premises unsafe, dangerous or hazardous, the Housing Inspector or his/her designated official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this Chapter, provided that if such building or premises be occupied, he/she shall first present proper credentials, a signed entry consent form and request entry, giving reasonable prior notice of entry to the tenant or other occupant; and if such building or premises be unoccupied, he/she shall first provide notice and request entry with notice pursuant to Section 635.150. If such entry is refused, the Housing Inspector and/or designated official shall have recourse to every remedy provided by law to secure entry.
B. 
It shall be unlawful for any person to interfere with a public officer or agent of the City in performing his/her duties pursuant to this Section. Any person who interferes with an officer or agent of the City pursuant to this Chapter shall be punished by a fine of up to five hundred dollars ($500.00) or by jail term not to exceed five (5) days or both.

Section 635.140 Denial — Non-Renewal — Revocation — Suspension of License.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
Failure to comply with the licensing standards as set forth in Section 635.080 shall be unlawful. If the Housing Inspector under the direction of the Neighborhood Services Department determines that any dwelling fails to comply with the licensing standards, the Neighborhood Services Department shall mail the owner or owner's agent a notice of the violation. The notice shall provide:
1. 
That the Housing Inspector 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 Neighborhood Services Coordinator 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 dwelling or the affected dwelling units therein must be vacated and shall not be reoccupied until a license is issued after approval by the Neighborhood Services Department; and
5. 
A description of how an appeal may be filed under Section 635.170.
B. 
The Housing Inspector 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 up to five hundred dollars ($500.00) or sentenced up to five (5) days in jail or both. 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.

Section 635.150 Notices.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
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 designated agent at the address specified in the last license application filed. Notice may also be sent to the person identified as responsible for the maintenance and management 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.
B. 
On or about March first (1st) of each year, the City will mail or deliver to tenants of licensed residential rental property information on the City's minimum life, health and safety standards and contact information for the Neighborhood Services Coordinator.
C. 
At the time of the issuance of a license pursuant to Section 635.030, the City will provide to the applicant information on the minimum code requirements for exterior and interior maintenance of rental dwellings.

Section 635.160 Duties of Licensee.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
Every holder of a rental dwelling license shall:
1. 
Receive a license certificate which shall contain the name and address of the owner of the rental property.
2. 
Permit the Housing Inspector or an authorized representative to enter the premises for the purpose of conducting inspections to verify compliance with this Chapter. The licensee or an authorized representative shall be present during the inspection. Such inspections shall be made in accordance with the enforcement provisions of this Code.
3. 
Promptly notify the Neighborhood Services Department in writing of any changes of information contained in the last license application filed.
4. 
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 Neighborhood Services Department at all times.
B. 
The owner of any dwelling that is required to be licensed by this Chapter shall, prior to the time of sale of the dwelling, notify the buyer 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 acquisition by a new owner, must be licensed with the City. A copy of the notification shall be mailed to the Neighborhood Services Coordinator within five (5) days of furnishing the notification to the buyer. If the dwelling is owned by a corporation, an officer of the corporation shall carry out the notification required by this Section. Time of sale is the time when a written purchase agreement is executed by the buyer or, in the absence of a purchase agreement, upon the execution of any document providing for the conveyance of a dwelling required to be licensed.

Section 635.170 Appeals Procedure.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
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 Neighborhood Services Department 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 the Community Development Director, one (1) licensed landlord, 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. 
At the hearing, the board shall hear all relevant evidence and argument. The board may admit and give effect to evidence which possesses value commonly accepted by reasonably prudent persons in the conduct of their affairs.
D. 
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 Section 635.080 and Section 635.100 of this Code and shall specify the factual basis for the determination.
E. 
The board may affirm, modify or reverse the action by representatives of the Neighborhood Services Department.
F. 
The final decision of the board shall be mailed to the license holder or applicant.
G. 
A notice to tenants 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.

Section 635.180 Vacation of Affected Dwelling Units.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
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 Neighborhood Services Coordinator 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.

Section 635.190 Operation of Rental Dwelling Without License A Misdemeanor.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
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.

Section 635.200 License Non-Transferable.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A license issued hereunder is non-transferable. A new license application shall be required for each change of ownership of a rental dwelling.

Section 635.210 Remedies in This Chapter Are Not Exclusive.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
The remedies provided in this Chapter are not exclusive. They are in addition to and do not supersede or pre-empt 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.

Section 635.220 Report.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A Landlord Reference Report shall be compiled by searching rental unit license records and maintained by the City. This report lists the total number of units licensed by the landlord and the number that have outstanding allegations of code violations.

Section 635.230 License and Inspection Fees — Same To Act As Lien On Real Property.

[Ord. No. 1225 §2, 12-13-2006; Ord. No. 1253 §2, 12-19-2007]
A. 
Annual license fees shall be assessed according to the following schedule:
1. 
Single-family/duplex property: $62.00.
2. 
Tri-plex property: $30.00 per unit.
3. 
Apartments and all other multi-family: $10.00 per unit.
B. 
The annual inspections described in Section 635.100 shall be at no cost to the owner. Any reinspections of units found substandard by the inspections described in Section 635.100 shall be paid by the owner of the inspected property.
The City's actual cost of inspections of residences or dwellings requested by tenants or based upon observation of the exterior thereof as described in Section 635.090 shall be paid by the owner of the inspected property. 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.