Memorandum

City of Lawrence

City Attorney's Office

TO:	David L. Corliss, City Manager
	Toni Ramirez Wheeler, City Attorney
CC:	Scott McCullough, Director of Planning and Development Services
FROM:	Randall F. Larkin, Senior Assistant City Attorney
DATE:	June 11, 2013
RE:	Property Maintenance Code

Historically, the City has used its Environmental Code, codified at Chapter IX, Article 6, and amendment thereto, to police the exterior conditions of properties and structures and to remediate blighted and nuisance properties and buildings. The express purpose of the Environmental Code is to protect the health, safety, and welfare of all citizens of Lawrence, by protecting, preserving, upgrading, and regulating the quality of neighborhoods within the City. To accomplish its purpose, the Environmental Code provides certain penalties assessable upon conviction in municipal court for violations of the code and also provides certain procedures for seeking abatement of violations of the code.

Effective January 1, 2008, the City adopted the International Property Maintenance Code, codified at Chapter V, Article 10. Among other things, the International Property Maintenance Codes provides certain minimum standards related to the maintenance of exterior conditions of properties and structures. The express purpose of the International Property Maintenance Code is to protect the health, safety, and welfare of the citizens, by regulating the maintenance of exterior conditions of properties and structures to avoid blighted and nuisance properties and structures. To enforce its standards, the International Property Maintenance Code provides certain penalties assessable upon conviction in municipal court of violations of the code and also provides certain procedures for seeking abatement of violations of the code.

Because they serve the same purpose, there is considerable overlap and redundancy between the Environmental Code and the International Property Maintenance Code. Additionally, there are some procedural conflict between the two codes. Those redundancies, overlaps, and conflicts have made it somewhat difficult for Code Enforcement, when addressing a blighted or nuisance property, to determine which Code applies and which procedures should be implemented to remediate the problem.

From a review of the two Codes, it became apparent to Staff that, because of the overlap, redundancies, and conflicts, it would be beneficial to Staff and to the citizens of Lawrence to merge the two codes into one and to eliminate the difficulties inherent in having two separate Codes address the same issue. For that reason, staff has drafted Ordinance No. 8873, which, if adopted, would accomplish that goal.

As drafted, Ordinance No. 8873, using the International Property Maintenance Code as a platform, merges the two Codes into one Property Maintenance Code, which would be codified at Chapter IX ("Health and Sanitation"), Article 6. The proposed Ordinance would eliminate the redundancies and would resolve the conflicts in the existing codes. Those sections of the Environmental Code, not addressed by the International Property Maintenance Code, are grafted onto the appropriate sections of the International Property Maintenance Code and are incorporated into it. Thus, as proposed, the Ordinance would not eliminate any provision of either Code, except in the cases of redundancy or conflict.

Also, as drafted, the proposed Ordinance would add one new section to the Property Maintenance Code. Due to an increasing number of bedbug infestations within the City, the proposed Property Maintenance Code would give the Director of Planning and Development Services the authority to promulgate regulations governing the procedure for addressing and eradicating bedbug infestations. Those regulations will be posted on the City's website and otherwise will be made available to landlords and tenants. Bedbugs present a clear and present danger to the health, safety, and welfare of the community, because, if not treated correctly, they will survive and move with tenants from place to place, infesting new places and spreading insanitary conditions throughout the City.

Action Requested:

Staff requests the City Commission to adopt on first reading, Ordinance No. 8873, which would merge the current Environmental Code into the Property Maintenance Code at Chapter IX, Article 6 of the City Code, as amended, and which would also provide for the promulgation of regulations governing the treatment and eradication of bedbug infestations.