ORDINANCE NO. 9110
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 6, ARTICLE 13, SECTIONS 6-1301, 6-1302, 6-1303, 6-1305, 6-1309, 6-1310, 6-1320, AND 6-1326 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION, AND AMENDMENTS THERETO, PERTAINING TO LONG-TERM RESIDENTIAL RENTAL PROPERTY, AND REPEALING EXISTING SECTIONS 6-1301, 6-1302, 6-1303, 6-1305, 6-1309, 6-1310, 6-1320, AND 6-1326.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Chapter 6, Article 13, Section 6-1301 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
ARTICLE 13. LONG-TERM RESIDENTIAL RENTAL PROPERTY CODE
6-1301 SHORT TITLE; PURPOSE.
(a) This Article shall be known as the City’s “Long-term Residential Rental Property Code.”
(b) The
Governing Body finds that, in order to advance the health, safety, and welfare
of the residents of the City of Lawrence, Kansas, it is necessary to regulate
certain activities, including the Long-term renting, leasing,
subleasing, or letting Renting or Letting of Dwelling Units on
Residential Rental Property within the City.
SECTION 2. Chapter 6, Article 13, Section 6-1302 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
6-1302 DEFINITIONS.
The following words, terms, and phrases, when used in this Article, shall, except where the context clearly indicates otherwise, have the following meanings:
(a) "Code Official" shall mean the Code Enforcement Officer, anyone fulfilling the duties of the Code Enforcement Officer on either a temporary or permanent basis, or any designee of the City Manager, the Director of the Department of Planning and Development Services, or the Code Enforcement Officer.
(b) "Dwelling Unit" shall mean one room, or a suite of two or more rooms, designed for or used for living and sleeping purposes and having only one kitchen.
(c) "Let" shall mean to provide or to offer, for possession or Occupancy, a Dwelling Unit to a Tenant for no consideration.
(d) "Licensee" shall mean any Owner or Person licensed by the City under this Article to Rent or Let a Dwelling Unit, on a Long-term basis, on Residential Rental Property.
(e) “Long-term” shall mean a period of time that is equal to or greater than (30) days in length.
(e)(f) "Major
Reconstruction" shall mean a renovation in which four or more Primary
Building Systems of a building or structure undergo at least a 50% replacement
within a twelve-month period. For the purposes of this definition, Primary
Building System shall mean: (1) HVAC; (2) electrical; (3) interior walls and/or
external structural walls and windows; (4) roofs and ceilings; (5) plumbing;
and (6) foundation and foundation walls.
(f)(g) "New
Construction" shall mean any building or structure built entirely new,
including foundation, walls, and all other components of a building or
structure.
(g)(h) "Occupancy"
or "Occupy" shall mean residing or sleeping at a Dwelling Unit
the majority of a person's time.
(j) “Person” shall mean any natural person, business association, or business entity, including but not limited to corporation, partnership, limited liability company, sole proprietorship, political subdivision of the State or other governmental entity, public or private agency, utility, or any other legal entity, or any successor or assign of any of the foregoing. Also, for the purposes of this Article, the term “Person” may be used interchangeably with the terms “Owner” and “Licensee.”
(i)(k) "Premises"
shall mean a lot or contiguous lots under common ownership, together with
all buildings, structures, and appurtenances existing thereon.
(j)(l) "Qualified
Vacant Dwelling Unit" shall mean any Dwelling Unit that, at the time
of inspection, is not occupied by a Tenant or any other person and has not
previously been inspected by the Code Official.
(k)(m) "Re-inspection"
shall mean any subsequent inspection conducted for the purpose of verifying
that any violations reported during any inspection have been remediated.
(l)(n) "Rent"
shall mean to provide or to offer, for possession or Occupancy, a Dwelling
Unit to a Tenant for consideration, pursuant to a written, oral, or implied
agreement.
(o) “Rental License” shall mean any license issued by the City under this Article for the Renting or Letting, on a Long-term basis, of a Dwelling Unit on Residential Rental Property within the City.
(m)(p) "Resident
Agent" shall mean any Person, person or business entity, however
organized, appointed by an Owner, who shall be responsible for compliance
with this Ordinance Article and who shall have the authority, inter
alia, to take certain actions and to receive communications, service of
process, summons, notices, and other legal process in behalf of the Owner.
(n)(q) "Residential
Rental Property" shall mean any Premises having one or more Dwelling
Units that are Rented or Let to one or more Tenants.
(r) “Short-term” shall mean a period of time that is less than thirty (30) days in length.
(o)(s) "Tenant"
shall mean any natural person who Occupies a Dwelling Unit, other
than the Owner, the Owner's immediate family (related by blood, marriage, or
adoption), or any natural person residing with the Owner.
SECTION 3. Chapter 6, Article 13, Section 6-1303 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
6-1303 RENTAL LICENSE REQUIRED.
(a) No Owner or Person shall Rent or Let to a Tenant, on a Long-term basis, whether or not for consideration, a Dwelling Unit located on Residential Rental Property within the City, unless otherwise exempted by this Article, without first (i) obtaining from the Department of Planning and Development Services a Rental License for that Dwelling Unit and without (ii) having a current, valid Rental License for that Dwelling Unit.
(b) In the case of multiple Owners of any Dwelling Unit subject to this Article, it shall be sufficient for any one of the Owners to have obtained a Rental License for the Dwelling Unit.
SECTION 4. Chapter 6, Article 13, Section 6-1305 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
6-1305 RENTAL LICENSE APPLICATION.
Application for a Rental License shall be made to the Department of Planning and Development Services on a form provided by the Department for that purpose and substantially similar to the form attached as Appendix A to the Regulations, as promulgated by the Governing Body in accordance with Section 6-1323(a). In addition, the Owner shall complete the application in full, in writing, and shall provide the following information:
(a) The address(es) of the Dwelling Unit(s).
(b) The Owner's name, address, telephone number, cellular telephone number, and e-mail address, as applicable.
(c) (1) If the Owner has a local address, within forty miles of the City, then he or she MAY appoint a person or management company, also within forty miles of the City, to serve as his or her Resident Agent by checking the appropriate box and by providing the name, company name, if any, address, e-mail address, if any, and telephone number of the Resident Agent. Any Resident Agent appointed by the Owner shall have actual authority to receive communications, service of process, summons, notices, and other legal process in behalf of the Owner.
(2) If the Owner does not have a local address, within forty miles of the City, then he or she MUST appoint a person or management company, located within forty miles of the City, to serve as his or her Resident Agent by checking the appropriate box and by providing the name, company name, if any, address, e-mail address, if any, and telephone number of the Resident Agent. Any Resident Agent appointed by the Owner shall have actual authority to receive communications, service of process, summons, notices, and other legal process in behalf of the Owner.
(d) A statement as to whether the Dwelling Unit is Section 8 housing or other subsidized housing and, if so, the date of its most recent inspection.
SECTION 5. Chapter 6, Article 13, Section 6-1309 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
6-1309 RENTAL LICENSE RENEWAL.
(a) In order to retain a
Rental License for a Dwelling Unit, the Licensee must renew the Rental License
on an annual basis. At least four weeks before a Rental License expires, the
Code Official will mail to a Licensee or any Resident Agent a renewal Notice. To
renew a Rental License, the Licensee must, BEFORE the Expiration Date set forth
on the Rental License: (1)(a) remit to the City the appropriate
Rental License Fee and any Inspection Fee that may be due pursuant to Section
6-1311; (2)(b) return the renewal stub to the Department of
Planning and Development Services; and (3)(c) the Licensee's
Dwelling Unit(s) must have, unless otherwise exempted by this Article, have
passed its (or their) most recent inspection.
(b) There shall
be assessed a $5.00 late fee per Dwelling Unit for any Licensee who fails to
renew his or her license BEFORE the Expiration Date and seeks to renew his or
her Rental License after that date.
SECTION 6. Chapter 6, Article 13, Section 6-1310 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
6-1310 INSPECTIONS.
(a) In accordance with Section 6-1310(c), unless otherwise exempted by the terms of this Article, all Residential Rental Property shall be inspected by the Code Official, on approximately a three-year cycle, according to a schedule established by the Director of the Department of Planning and Development Services, or his or her designee. If a Residential Rental Property is scheduled to be inspected during the ensuing year, then the Code Official, or his or her designee, shall notify the Owner/Licensee at the time of licensing or at the time of renewal. It shall be the obligation of the Owner/Licensee to pay the Inspection Fee at the time of application or renewal. It shall also be the obligation of the Owner/Licensee to contact the Department of Planning and Development Services during the month of licensing or renewal to schedule an inspection of any Qualified Vacant Dwelling Unit and to coordinate with the Code Official the time of inspection of any occupied Dwelling Unit. Failure to schedule and to complete an inspection shall be grounds for revocation of a Rental License or denial of a Renewal Rental License.
(1) No Owner/Licensee shall be penalized where any inspection or re-inspection is delayed or does not occur as the result of the actions of any Tenant.
(2) The Owner/Licensee has no legal obligation to obtain from any Tenant, in behalf of the City, consent for the City to perform any inspection or re-inspection.
(b) Any person serving as a Code Official and charged with inspecting Residential Rental Property shall, within two (2) years of being employed by the City, be accredited by the International Code Council and shall have received training to inspect Residential Rental Property in accordance with this Article.
(c) In
the year in which an Owner/Licensee's licensed Dwelling Units are scheduled for
inspection, the Code Official shall inspect 10%, rounded up to the next whole
number, not to exceed fifteen (15), of the total Dwelling Units licensed by the
Owner/Licensee, that are not otherwise exempt from inspection hereunder.
If more than five (5) violations per Dwelling Unit are discovered on any
Premises or in Dwelling Units inspected, then the Code Official may, upon no
less than seventy-two (72) hours prior written notice, inspect an additional
10%, rounded up to the next whole number, not to exceed fifteen (15), of the
total Dwelling Units licensed by the Owner/Licensee. The cost for any additional
inspections shall be the same as the Inspection Fee established at Section
6-1311(a) and shall be assessed to the Owner/Licensee.
(1) If more than five (5) violations per Dwelling Unit are discovered on any Premises or in Dwelling Units inspected, then the Code Official may, upon not less than seventy-two (72) hours prior written notice, inspect an additional 10%, rounded up to the next whole number, not to exceed fifteen (15), of the total Dwelling Units licensed by the Owner/Licensee. The cost for any additional inspections shall be the same as the Inspection Fee established at Section 6-1311(a) and shall be assessed to the Owner/Licensee.
(2) If the Code Official finds recurring (identical) violations during the inspection of similarly-designed Dwelling Units of the same structure or apartment complex, then the Code Official shall make a reasonable effort to develop with the Owner/Licensee a plan of corrective action, to be approved by the Code Official, to verify that all recurring (identical) violations have been corrected within all similarly-designed Dwelling Units of the same structure or apartment complex, even if the number of violations found in any one similarly-designed Dwelling Unit does not exceed five (5) violations. If the Owner/Licensee fails to respond to the Code Official’s request to provide a plan of corrective action to correct all recurring (identical) violations or the plan of corrective action is disapproved, then the Code Official shall require all other similarly designed Dwelling Units of the same structure or apartment complex to be inspected. A Notice of Violation shall be issued when additional violations are verified. The cost of additional inspections shall be the same as the Inspection Fee established at Section 6-1311(a) and shall be assessed to the Owner/Licensee.
(d) The inspection shall be performed using an Inspection Form substantially similar to the form attached as Appendix C to the Regulations, as promulgated the City Commission under Section 6-1323(a).
(e) Residential Rental Property that qualifies as New Construction or as Major Reconstruction, as those terms are defined in this Article, shall be exempt from inspection for a period not to exceed six (6) years commencing on the date the Residential Rental Property passes its final building inspection. However, Residential Rental Property that qualifies as New Construction and Major Reconstruction must, upon completion of the construction or renovation, register each Dwelling Unit and obtain a Rental License for each Dwelling Unit in accordance with this Article.
(f) It is the policy of the Governing Body that the Code Official make a reasonable effort to minimize any inconvenience caused to Tenants by inspections. To that end, the Code Official shall make a reasonable effort to prioritize the inspection of Qualified Vacant Dwelling Units, as identified by the Owner/Licensee prior to any inspection of Dwelling Units licensed by the Owner/Licensee.
SECTION 7. Chapter 6, Article 13, Section 6-1320 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
6-1320 UNLAWFUL ACTS.
(a) It shall be unlawful for any Person to Rent, or Let to any Tenant, on a Long-term basis, whether or not for consideration, a Dwelling Unit located on Residential Rental Property within the City without first (i) obtaining from the Department of Planning and Development Services a Rental License for that Dwelling Unit or without (ii) having a current, valid Rental License for that Dwelling Unit, as required by Section 6-1303 of this Article.
(b) It shall be unlawful for any person to Rent or Let to a Tenant, on a Long-term basis, any Dwelling Unit located on Residential Rental Property within the City that has one or more of the violations listed at Section 6-1314 of this Article.
(c) It shall be unlawful for any Licensee to knowingly violate Section 6-1315 of this Article.
(d) It shall be unlawful for any Tenant living in a Dwelling Unit subject to this Article to cause the Dwelling Unit to be in violation of any provision of Section 6-1314 or Section 6-1315 of this Article. For the purposes of this section, “living in a Dwelling Unit” shall mean residing or sleeping at the Dwelling Unit a majority of the person’s time.
SECTION 8. Chapter 6, Article 13, Section 6-1326 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
6-1326 EXEMPTIONS.
The provisions of this Article shall not apply to the following:
(a) Dwelling Units occupied by the Owner or solely by the Owner's immediate family (related by blood, marriage, or adoption).
(b) In the case where the Owner is not a natural person, Dwelling Units occupied by a principal of the Owner.
(c) Bed and Breakfasts, as that term is defined at Section 20-1763(2) of the City Code, as amended.
(d) Campgrounds, as that term is defined at Section 20-1763(1) of the City Code, as amended.
(e) Group Homes or Adult Care Homes, as those terms are defined at Section 20-1701 of the City Code, as amended.
(f) Assisted Living, as that term is defined at Section 20-1701 of the City Code, as amended.
(g) Extended Care Facility, Dependent Living Facility, or Nursing Care Facility, as those terms are defined at Section 20-1701 of the City Code, as amended.
(h) Extended Stay Lodging, as that term is defined at Section 20-1701 of the City Code, as amended.
(i) Greek Housing, including fraternity houses and sorority houses, as that term is defined at Section 20-1701 of the City Code, as amended.
(j) Dormitory Housing, as that term is defined at Section 20-1701 of the City Code, as amended.
(j)(k) Hotels
or motels.
(l) Any structure or building located on Premises owned by the United States of America, the state of Kansas, Douglas County, Kansas, the City, the University of Kansas, or Haskell Indian Nations University.
(k)(m) Any
structure or building located on the Premises of any Religious Assembly Use, as
that term is defined at Section 20-1753 of the City Code, as amended,
except that any Dwelling Units owned by a religious institution, located off
the Premises and not part of the Religious Assembly Use shall not be exempt
hereunder.
(l)(n) Owners
of Section 8 housing, or other housing subsidized by the State or the United
States, that is regularly inspected as part of the subsidy program and is being
rented, leased, subleased, let, or otherwise being lived in by persons other
than the Owner, must register each such Dwelling Unit and obtain a Rental
License therefor in accordance with this Article. However, Owners of qualifying
Dwelling Units are exempt from paying the Rental License Fee under
Section 6-1304 of this Article for qualifying Dwelling Units and
such Dwelling Units are exempt from Inspections under Section 6-1310 of this
Article.
SECTION 9. Existing Sections 6-1301, 6-1302, 6-1303, 6-1305, 6-1309, 6-1310, 6-1320, and 6-1326 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that the provisions of this Ordinance supersede them.
SECTION 10. If any section, sentence, clause, or phrase of this ordinance is found to be 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 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this _____ day of ____________, 2018.
APPROVED:
___________________________________
Stuart Boley
Mayor
ATTEST:
__________________________________
Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
__________________________________
Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.