(a) It is hereby declared that there exist within the city housing units, which by reason of their operation, use or occupancy affect or are likely to affect the public health, safety, and general welfare of the city.
(b) It is further declared that the purpose of this article is to protect the health, safety, and general welfare of the citizens of the city by requiring the licensing of owners of rental housing units as wall as the registration and regulation of all rental housing units which are or shall be in the existence in the city.
(Ord. 2021-01)
The following definitions shall apply in the interpretation and enforcement of this article.
(a) Clerk: means the person hired to serve as the city clerk, or any deputy or employee appointed by the clerk, with the approval of the city council or the Mayor.
(b) Code: means any provision in the Leon City Code.
(c) Code enforcement officer: means an officer specifically designated by the city of Leon to enforce the Leon Municipal Code.
(d) Landlord: means an owner of rental housing units whether being compensated a monetary value or not.
(e) Landlord license: means a license that is issued to a landlord by the City Clerk of the city of Leon upon evidence of completion of a Landlord License Application, and which is valid for one year.
(f) Landlord license application: means the application for a landlord license.
(g) Manager: means a person employed by or on behalf of the owner to operate, maintains and conducts the business of the landlord.
(h) Nuisance: means a condition, conduct, or activity on real property that is:
(1) injurious to health;
(2) indecent;
(3) offensive to the senses; or
(4) an obstruction to the free use of property; so as essentially to interfere with the comfortable enjoyment of life or property.
(i) Owner: means the legal title holder or holders of the realty:
(1) if legal title is held by a trust, “owner” means the beneficial owner or owners of the trust; and
(2) if there is a purchaser or purchasers under a real estate installment sales contract, “owner” means the purchaser or purchasers, but the name of the purchaser or purchasers must appear on the deed; and
(3) the manager if authorized to act on behalf of the owner for purposes of this article. The singular shall include the plural throughout.
(j) Person: means and includes an individual, corporation, firm, partnership, association, organization, company, or limited liability company.
(k) Property management action plan: means a plan agreed to by the City’s Governing Body and the landlord to bring the rental unit into compliance with the applicable codes listed herein.
(l) Registered agent: means an agent of the owner or landlord who lives within Butler County, Kansas or has been designated as the registered agent.
(m) Rental unit or Rental housing unit: means any apartment, house, duplex, condominium, or room in a rooming house that is not owner-occupied which is let or intended to be let to a person for compensation.
(n) Rental unit application: means the conditional use permit for landlord license which the landlord completes in order to obtain a rental unit permit for each rental unit owned by the landlord.
(o) Rental unit permit: means an annual permit issued by the City Clerk to a landlord following the filing of a permit application form.
(p) Rooming house: means any building used for living and sleeping in which a person or persons are housed with no individual kitchen facilities provided.
(q) State: means the state of Kansas.
(r) Tenant: means any person, other than the owner, entitled to occupy a rental unit under a lease agreement to the exclusion of others.
(Ord. 2021-01)
(a) An owner of a rental unit must obtain a landlord license from the city before the owner permits occupancy of such rental unit. It is unlawful for any owner without a landlord license to lease, rent, or sell on contract, a rental unit. For those owners of currently occupied rentals units at the time of passage of this article, a landlord license must be obtained within ninety (90) days of the date of passage of this article.
(b) Procedure of Obtaining a Landlord License.
(1) Landlord License Application. Each owner of a rental unit shall file a landlord license application with the City Clerk. All landlord license applications shall be submitted to the City Clerk on forms obtained at the City office and will be maintained on file in the City Clerk’s office. Upon receipt of a landlord license application, the City Clerk shall forward such form or information to the City Clerk for their review, in accordance with this article. The landlord license application shall require the owner to give the following information under oath:
(A) Names, address, telephone number and e-mail address of the owner;
(B) Registered agent’s name, address, telephone number an email address if applicable;
(C) Name, address, telephone number an e-mail of on-site management company or individual, if different from the owner;
(D) The names of partners or corporate officers and their office addresses if applicable;
(E) The length of time the business has operated in the city or the state;
(F) If the owner is a corporation, a certificate from the Secretary of State certifying that the applicant is a corporation is in good standing under the laws of the state and is certified to do business in the state;
(G) Whether or not the owner or any partner or corporate officer has been denied a license or had a license revoked or suspended in connection with maintaining, operating, or conducting the business of a landlord in the city or state;
(H) Whether or not the owner or any partner or corporate officer has been convicted of a felony in connection with maintaining, operating, or conducting a business or commercial activity;
(I) A statement that the owner agrees to conduct, maintain and supervise all rental units and the surrounding premises owned by the owner so as to not create a nuisance, or permit conduct or activity at the rental unit or on its premises that endangers the public health and welfare;
(J) A statement that the owner certifies that the landlord license application is accurate and does not contain any material omissions and/or materially false or misleading information.
(2) Issuance of Landlord License. Upon receipt of the completed landlord license application, and subject to all other requirements of this Article, the City Clerk shall issue the landlord license to the owner.
(3) Amended Landlord License Application. If at any time the information contained in the landlord license application changes materially before the filing of a new landlord license application, the landlord shall update the landlord license application. Failure to update the landlord license application shall be a violation of this article.
(c) Restrictions of the Landlord License. A landlord license shall be valid for one calendar year. The initial license shall be valid for whatever portion of the calendar year remains at the time the application is filed. A landlord license is nontransferable. A landlord license, in and of itself, shall not be interpreted as granting the owner the privilege of letting the structure for residential occupancy, but must be accompanied by a valid rental unit permit for each unit.
(d) Renewal of the Landlord License. At the expiration of the landlord license, the owner may renew the landlord license by submitting another landlord license application. A renewal of the landlord license may not be refused without cause.
(e) Grounds for Denial of Landlord License Applications. The City Clerk, with the permission of the governing body, will demy and landlord license application if the City determines that any of the following events have occurred or conditions exist:
(1) The owner has failed to provide all the information requested on the landlord license application pursuant to subsection (b)(1);
(2) The owner has failed to pay all the required fees and penalties pursuant to this article;
(3) If the owner is a non-natural person, the applicant is not organized under the laws of the state of Kansas, controlled by the laws of the state or is not authorized and qualified to engage in business in the state;
(4) The owner has refused inspection of a rental unit and its premises by public authorities acting pursuant to the law;
(5) The owner has obtained the landlord license or rental unit permit through fraud, collusion or illegally;
(6) The Owner or any partner or corporate officer has been denied a license or had a license revoked in connection with maintaining, operating, or conducting the business of a landlord in the city or state;
(7) The owner or any partner or corporate officer has been convicted of a felony in connection with maintaining, operating, or conducting a business or commercial activity;
(8) The owner has materially or substantially failed to comply with the property action management plan;
(9) The Owner has failed to re mediate any material statutory or code violations of any rental unit;
(10) The application or any previous application for a landlord license filed by an owner contains any material emissions and/or materially false or misleading information.
(11) Any Rental unit and/or premises of the owner are conducted or maintained in such a manner as to create a nuisance, or threat to the public health or general welfare;
(12) The owner has determined to be aiding, abetting, encouraging, permitting, harboring, or engaging in criminal conduct or criminal activities in any of his/her rental units or on any of the owner’s rental unit premises; or
(13) The owner, or any partner or corporate officer of the owner or the manager, of the premises sought to be operated under the landlord license has failed to comply in any material respect with any city ordinances, or state law applicable thereto, so that such failure to comply resulted in or may result in the endangerment of the tenant’s or general public’s health, safety, and welfare. If the City clerk believes there is reasonable cause to deny a landlord license application, the City clerk shall issue written notice of the denial to the owner with the specific grounds for such denial. The City clerk shall return the landlord license fee, if paid, to the owner whose application was denied. The owner may appeal the determination of the City clerk to the governing body as set forth in section 5-210.
(Ord. 2021-01)
(a) It shall be unlawful for any owner to let a rental unit to a person for occupancy unless there is a valid rental unit permit issued for such rental unit pursuant to this article. A landlord must register annually each of his/her rental units on or before the expiration date of the prior rental unit permit each year by filing a rental unit permit application with the City clerk. An owner must apply for a rental unit permit for each rental unit within ninety days of the effective date of the ordinance in this article or within thirty days of obtaining title to a rental unit. Rental Unit Permits shall be valid for one calendar year. The initial Rental Unit Permit shall be valid for that portion of the calendar year remaining at the time of the initial application. All Rental Unit Permits shall expire on the final day of the calendar year.
(b) Procedure. All rental unit permit applications shall be submitted to the city clerk on forms obtained at the city office and maintained on file in the city clerk’s office. Upon receipt of a rental unit permit application, the city clerk shall forward such application or information to the governing body for their review, in accordance with this article.
(c) Rental Unit Permit Application. The rental unit permit application shall include and state, underwrote the following information:
(1) Name, address, phone number, and email address of the owner;
(2) Name, address phone number and email address of the manager;
(3) Proof of a valid landlord license issued by the city;
(4) Street Address of the rental unit, or detailing list of all rental units containing the street address and unit numbers of all rental units at the owners complex;
(5) A Statement that the owner agrees to conduct, maintain and supervise all rental units in the surrounding premises owned by the owner so as not to create a nuisance, or permit conduct or activity at the rental unit or on its premises that endangers the public health and welfare;
(6) A Statement that the owner certifies that the rental unit applications is accurate and does not contain any material emissions and/or materially false or misleading information. For purposes of this section, a post office box does not suffice as an address. One rental unit permit application may be submitted for all rental units, as identified by exhibit, containing the above- referenced information and a separate rental unit permit fee for each rental unit.
(Ord. 2021-01)
(a) Upon receipt of a rental unit application and subject to all other requirements of this Article the City clerk shall issue a rental unit permit for each rental unit set forth in the permit application complying with this article and not in violation of section 5-207(a)(1). A rental unit permit shall be valid for one calendar year, except that the initial rental unit permit shall be valid for that portion of the calendar year remaining at the time of the initial issuance of the permit. A rental unit permit issued pursuant to this section is renewable on or before the expiration of such permit, and all renewal permits shall be dated on, or as of, the date the permit would have otherwise expired.
(b) If there have been no violations resulting in a Notice of Order up code violations throughout the calendar year or the rental unit then the renewal fee of two hundred and fifty dollars ($250) will be waived for the calendar year.
(c) The renewal fee will only be charged to the unit or units that have had violations resulting in a Notice of Order and not to any that have stayed in compliance with section 5-207(a)(1).
(Ord. 2021-01)
If at any time the information contained in the rental unit application materially changes before the filing of the annual rental unit permit application, the landlord shall update the rental unit permit application. Failure to update the rental unit permit application shall be a violation of this article.
(Ord. 2021-01)
(a) If after inspection, violation of the code exists, the landlord shall be cited for the violations by the inspecting officer. If after ten (10) days following the citation, the violations continue, the Code enforcement officer shall meet with the landlord to develop a property management action plan to bring the rental unit into compliance by a specified date. The property management action plan may concern, but is not limited to the following issues:
(1) code violations such as:
(A) furniture, trash, refuse, debris, tires, ect;
(B) concrete, masonry, plastics, ect;
(C) equipment, vehicles, ect;
(D) fencing;
(E) animal violations
(F) weeds, tall grass, trees, ect;
(G) exterior structure(s) issues;
(b) Requiring regular inspections if problems with the rental unit(s) occurs regularly.
(c) If the landlord fails to take actions either by:
(1) not meeting with the Code enforcement officer;
(2) not implementing the property management action plan; or
(3) not completing the property management action plan by the required date, the landlord shall be in violation of this article.
(d) If the tenant of the rental unit impeding the landlord from complying with the code, the Code enforcement officer shall meet with the landlord and the tenant to develop a property management action plan.
(e) Upon compliance with the property management action plan, the City clerk shall issue or reissue the rental unit permit.
(Ord. 2021-01)
An application for a rental unit permit may be denied, or a rental unit permit may be suspended, by the City clerk if the governing body determines that any of the following events has occurred or conditions exist:
(a) The rental unit permit was obtained through fraud, collusion or illegality;
(b) There is a material and substantial noncompliance with the property management action plan;
(c) The landlord has failed to remediate code violations;
(d) The rental unit permit application filed by the landlord contains material omissions and/or materially false or misleading information;
(e) The rental unit subject to the permit and/or its premises are conducted or maintained in such a manner as to create a nuisance, or threat to the public health or general welfare;
(f) The rental unit subject to the rental unit permit and/or its premises has been determined to be aiding, abetting, permitting, harboring, or used in criminal conduct or criminal activities; or
(g) The owner’s landlord license has been suspended or revoked in accordance with this article. Before a rental unit permit may be suspended, the City clerk shall give written notice of the suspension to the landlord with the date of suspension effective thirty days from the date of the notice. The suspension will remain in effect until all fees and penalties have been paid and the rental unit is in compliance. A denial or suspension may be appealed to the governing body as set forth in section 5-210.
(Ord. 2021-01)
Notice of all violations of the minimum housing code or any other city regulations of codes, as well as notice of any proceedings under this act, shall be served in person or by first class mail of both the resident and the rental unit and on the landlord. When the city code specifically says mailed certified it shall be either served in person or mailed certified unless delivery is failed then it will be mailed first class mail.
(Ord. 2021-01)
A rental unit permit may be revoked after three suspensions or if the suspension remains in effect for ninety (90) days. a revocation of a rental unit permit may be appealed to the governing body as set forth herein.
Whenever an owner wishes to appeal any decision of the City clerk and/or the Code enforcement officer:
(a) Refusing to issue or renew a landlord license;
(b) Suspending or revoking a landlord license;
(c) Refusing to issue or renew a rental unit permit; Or
(d) Suspending or revoking a rental unit permit, the owner must first appeal to the governing body in compliance with the procedures set forth herein.
(1) Have an owner may request in writing an informal hearing to dispute the determination of the City clerk and/or Code enforcement officer , within 10 days after receiving notice of:
(A) A refusal to issue or renew a new landlord license ;
(B) A suspension or revocation of a landlord license;
(C) A refusal to issue or renew a rental unit permit; or
(D) a suspension or revocation of a rental unit permit . The written request to dispute the determination must be filed with the City clerk. The City clerk shall notify the governing body.
(2) Following Notification, the governing body shall:
(A) set the appeal for a hearing;
(B) Set a time, date, an location for such hearing; and
(C) Notify the owner and the City clerk and/or Code enforcement of the hearing time, date, and location at least 10 working days prior to the hearing.
(3) The hearing shall be conducted by the governing body or its designated officer ; Provided however, that the City clerk and/or Code enforcement shall not conduct such hearing
(4) the owner shall bear the burden of the proof that the city clerk's decision should be vacated the City clerk and/or Code enforcement or person appointed by the City clerk and/or Code enforcement may present evidence at the hearing which supports the City clerk and/or Code enforcement decision.
(5) Following a hearing, the governing body may overturn or confirm the City clerk and/or Code enforcement determination. The decision of the governing body or hearing officers of his/her Appointees shall be final in the decision, together with the reasons there of, shall be delivered in writing within 30 working days from the close of the hearing to the person taking the appeal with the copy delivered to the City clerk who shall keep all decisions on file in the City clerk’s office.
(Ord. 2021-01)
Any person or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $100 per day for each violation each day that a violation continues shall be a separate offense. Further, upon conviction of a violation of this article, any rental unit which is in violation of this article is subject to removal of the violation from the city by City of Leon personnel or their designated representatives and the costs of such removal and storage shall be the responsibility of the owner or owners of such rental unit. Such costs may be assessed to the person convicted in municipal court as part of an order of restitution or reparations in the case and/or as a condition of probation or other alternative to incarceration.
(Ord. 2021-01)
These regulations shall supersede any covenants, deed restrictions, or any other requirements or agreements currently in place on a property. Any property that does not meet the requirements set forth herein must adhere to the conditions set forth in this article after ninety (90) days from the adoption of Ordinance 2020-01.
(Ord. 2021-01)