ORDINANCE NO.  8323

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING CHAPTER VI, ARTICLE 13 AND ENACTING CHAPTER VI, ARTICLE 13 SECTION 6-1302.1 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2008 EDITION, AND AMENDMENTS THERETO, CONCERNING RENTAL LICENSING REQUIREMENTS OF DWELLING UNITS IN RS ZONING DISTRICTS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Chapter VI, Article 6, Section 6-1302, of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows:

6-1302 PERMIT REQUIREMENTS

(A) Every owner of a single-family attached dwelling or a single-family detached

dDwelling within the City RS zoning districts as defined in the City’s Zoning Code Development Code shall obtain an annual rental licensing permit for each dDwelling from the City’s Department of Neighborhood Resources Planning and Development Services prior to leasing, subleasing, renting or allow the occupancy of such dwelling to another natural person or other natural persons, unrelated to the owner, whether or not for consideration.  In the case of multiple owners of any such dwelling, it shall be sufficient for any one of the owners to have obtained a permit for a unit.  The application shall be in writing and on the application form provided by the City.  An initial registration fee of $25.00 is required. Such annual The permit shall be valid for a one (1) year period from the date of issuance until the date established in the renewal schedule below and shall be issued and not be revoked if:

(1) An annual regulatory renewal fee of $25.00 per dwelling is paid in full.

(2) The applicant and the applicant’s property are not in violation of this Article.

Section 2.  Chapter VI, Article 6, Section 6-1302.1 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby enacted and shall read as follows:

6-1302.1 RENEWAL SCHEDULE

The renewal of a permit shall be determined by the last name of the owner,   corporation, partnership, or other unincorporated association.

The renewal schedule shall be the following:

Last Name                       Expiration

A, B                                  February 28

C, D                               March 31  

E, F, G                           April 30

H, I                                       May 31

J, K. L                            June 30

M, N, O                          July 31

P, Q, R                           August 31

S                                    September 30

T, U, V, W, X, Y, Z           October 31                 

Section 3.  Chapter VI, Article 6, Section 6-1302.5, of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows:

6-1302.5 NON-APPLICATION OF ARTICLE TO CERTAIN DWELLINGS.

Nothing in the provisions of the Article shall be interpreted as applying to dwellings legally identified as: 1) qualifying under the Use Group 7 identified of Chapter 20 of this Code; or 2) a Group Home or Adult Care Home (General or Limited) as that term is defined in Section 20-1701 and used under Chapter 20 of this the Development Code. (Ord. 7478)  (Ord. 8098)

Section 4.  Chapter VI, Article 6, Section 6-1305, of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows:

6-1305        GROUNDS FOR REVOCATION/PROBATION OF RENTAL LICENSING PERMIT; PROCEDURE FOR CONSIDERATION OF POSSIBLE REVOCATION.

The maintenance of a public nuisance shall be grounds for the revocation of a rental

            licensing permit issued pursuant to this Article.  Dwellings regulated pursuant to this Article where there are 1 (one) or more of the following violations of law and which adversely affect the public safety of tenants and the rights of nearby residents to the quiet enjoyment of their property constitute a public nuisance:

(A)     Noise ordinance; Section 14-413 et seq.  of the Code of the City of Lawrence,  

                       Kansas, 1997 2008 Edition, and amendments thereto;

            (B)      Environmental Code; Section 9-601 et seq. of the Code of the City of

                      Lawrence, Kansas, 1997 2008 Edition, and amendments thereto;

            (C)     Anti-litter ordinance; Section 14-101 et seq. of the Code of the City of

                       Lawrence, Kansas, 1997 2008 Edition, and amendments thereto;

(D) Zoning Code Development Code; Chapter 20 of the Code

of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto:

(E) Disorderly House Nuisance; City Ord. 7223, Ord. 7962, Section 14-1101 et seq. of the Code of the City of Lawrence, Ks, 1997 2008 Edition, and amendments

thereto;

(F) Uniform Housing Code; Section 5-501 Property Maintenance Code: Section 5-

1001 et seq.  of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto.

Section 5.  Chapter VI, Article 6, Section 6-1306, of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby amended to read as follows:

6-1306 RENTAL TO UNRELATED PERSONS AFTER AUGUST 1, 2004

On and after August 1, 2004, no owner of a single-family attached dwelling or a single-family detached dwelling within the RS zoning districts as defined in the City’s zoning code Land Development Code, shall rent, lease or sublease a dwelling in a RS Zoning District, unless the dwelling is also occupied by the owner of the dwelling, if the dwelling will be occupied by more than three (3) unrelated persons who do not constitute a family, as the term family is defined by the City’s Zoning Code as amended by Ordinance No. 7323.  Violation of this Section shall be cause for the revocation of the license required by this Article.  Violation of this Section shall be a municipal offense.

6-1306 OCCUPANCY PERMITTED

Occupancy shall be permitted as defined in the City of Lawrence Development Code.

6-1306.5 Section 6-1306 shall not apply to the property zoned as RS pursuant to Ordinance No. 7510 until August 1, 2005.  (Ord. 7531)

Section 6. Chapter VI, Article 6, Sections 6-1302, 6-1302.5, 6-1305, 6-1306, and 6-1306.5 are hereby repealed it being the intent that the provisions of this ordinance supersede the repealed code sections.

Section 7.  If any provision, clause, sentence or paragraph of this ordinance is found to unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 8.  This ordinance shall be in full force and take effect on and after its passage and publication as provided by law.

                  Passed by the Governing Body this_____day of ________, 2008

                                                                                    _________________

                                                                                    Michael Dever, Mayor

ATTEST:

_____________________

Frank S. Reeb, City Clerk

Approved as to form and legality:

_____________________________________________

Toni Ramirez Wheeler, Director of