Saturday, April 10, 2021

 COVID-19 Vaccine Opportunities

As of today, April 9, all Missourians 16+ are eligible to receive the COVID-19 vaccine. The Jackson County Health Department has more than 5,500 first dose appointment slots available next week.

You will sign up for your first and second doses at the same time. Please make sure you are available on the dates of your first and second doses. If you are not available on the date your second dose would be due, please select a different date for your first dose.

Monday, April 12, 9:30 a.m. — 3:30 p.m. | Register
Tuesday, April 13, 9:30 a.m. — 3:30 p.m. | Register
Wednesday, April 14, 9:30 a.m. — 3:30 p.m. | Register
Thursday, April 15, 9:30 a.m. — 3:30 p.m. | Register
Friday, April 16, 9:30 a.m. — 3:30 p.m. | Register

Registration is required. Walk-ins will not be taken unless otherwise noted. 

Visit jacohd.org/events to find future COVID-19 vaccination clinics. 

Landlord’s Request Revision to
Rental Housing Inspections Ordinance

On Tuesday evening (April 13th) the Board of Aldermen will hear recommendations from city officials on whether or not to amend an ordinance governing rental home inspection by city code officers.

The original bill was approved just over one year ago. At the time, city officials promised to re-visit the ordinance to see if any changes were needed. A growing number of landlords and property owners have let it be known they see a need to change some of the rules proposed by the City.

On March 18th a local political club, the Raytown Democrat Association (RDA), members made it very clear they were opposed to rental inspection of homes where individuals are not charged rent.

The city has identified at least 30 such homes in Raytown in which family members are allowed to live rent free on property owned by relatives. They argue that since they are not a business collecting rent, they should be exempted from rental regulation fees and inspections.

The issue has caught the attention of State Representative Jerome Barnes who has questioned the practice of inspecting homes that are not rented by the public.

Another group with an interest in this discussion is rental property owners in Raytown. These owners have shown to be responsible owners who take good care of their properties. Like the members of the RDA, they believe the city has gone too far with some of the provisions in the ordinance.

One of the rental property owners has put in writing questions that they believe need to be clarified, as well as a suggestion for a possible compromise to some of the more costly rules placed in the bill.

The following list of questions and suggestions has been forwarded to the City Administrator for review by the Board of Aldermen during the Meeting of the Whole scheduled for 6:30 Tuesday night.

The meeting is being held via ZOOM. A link to the meeting follows the suggestions from the landlords.

·        l Sec 8-401 Applicability.

 The provisions of this article shall apply to all rental dwelling, rental dwelling unit, and non-owner-occupied properties as defined by the Article.

The provision of this Article shall not apply to the following rental dwelling, rental dwelling unit, or non-owner occupied property. 

  1. Housing units that are unavailable for rent.

"Unit unavailable for rent" means a residential housing unit that is not offered or available for rent as a rental unit.

  • Sec. 8-405 Application for rental dwelling permit.

The provisions of this Article shall apply to all rental dwelling, rental dwelling units, and non- owner occupied properties as defined by the Article.

a.                Initial Permit Period.

  1. The owner(s) of any rental dwelling, rental dwelling unit or non-owner occupied property located within the city shall file with the director a written application accompanied by a non refundable application fee thereof for such property within the city and obtain a rental dwelling permit on or before April 30th 2021 the director shall make application forms available May 1st 2020. Failure for any owner to submit a permit application by April 30th 2021 shall constitute a violation of this article. 

Question: Are non-owner occupied properties and properties not currently available for rent required to obtain a permit? 

Scenario: I have purchased a new home to live in. My old home in Raytown is now vacant and is on the market for over 6 months. Does the now non owner-occupant home now need to be inspected? 

I own 2 houses on the same parcel of land with separate addresses but only use one house. Does the vacant house need inspected? 

  • Sec 8.410. Rental dwelling inspection requirements.

(e) Electrical service, outlets and fixtures.

(1) buildings containing one or more dwelling unit shall have at least a hundred amp service or feeder per dwelling unit. Structures that have less than a hundred amps and want an alternative to upgrading the system may require a load calculation to be completed by a licensed electrician. If 60 amp box is not adequate, upgrades must be completed prior to occupancy.

2) internal wiring an outlet in single or multi – family dwelling shall conform to the following:

ii) if there is a kitchen counter, set receptacle shall be accessible to the counter. Ground-fault circuit – interceptors shall be required to be placed within six feet of any water source; including but not limited tobathrooms, garages, crawl space, unfinished basements, and kitchens.

SEC 8.411. RETROACTIVE APPLICATION.

All rental dwelling, rental dwelling unit and non-owner-occupied property shall conform to the requirements of this article irrespective of when such building or premises was constructed, altered or repaired. Nothing in this article shall be construed to require existing buildings or premises to comply with the requirement of the current building code, electrical code, plumbing code, electrical code is; provided, however, that after the effective date of the ordinance from which this article is derived, repairing, reconditioning or remodeling of existing building shall be completed as required by this Article.

Question: Are all rental and non owner occupant properties grandfathered for their current electrical and plumbing?

  • Sec 8-410. Rental dwelling inspection requirements.

b) permit renewal and re-inspection period.

6) all water and city sewer bills must be current, paid, and a good standing before the director shall issue the renewal of a permit.

Question: With the owner being responsible for outstanding water and sewer accounts. How will the city and water departments handle utility shut offs? Can the owner of the property request utilities to be shut off once the account is past due? How long or how much do sewer and water bills average before service is disconnected? Does the city have a program to assist tenants or landlords with past due balances?

What does a landlord do when evicting a tenant who is disgruntled and the tenant leaves the water running for 45 days while waiting for the courts to remove them?

  • Sec 8.412.- Inspection, enforcement and non inspected statement.

b)No less than forty-five (45) days prior to change of ownership of a rental dwelling, rental dwelling unit or non-occupied property continuing similar use, the new owner must obtain a rental dwelling permit application and schedule an inspection.

e) scheduling inspections. Owner or agent shall schedule an inspection at the time of submitting the renewal dwelling permit application in accordance with subsection b and c above. Properties will be inspected within 7 days of the requested inspection. 

Question 1: Does this restrict the sale of property to no less than a 45 day closing?  

Question 2: Why should a potential buyer have the city inspect a property prior to purchasing the property which they do not own?

Question 3: Why are 45 days required for potential purchaser rental application when section 8.412. (e) states once an application is submitted within 7 days the inspection will take place.

Question: Does the city have the authority to regulate a property owner on how or when they can sell a parcel? 

Sec.8.412

(g) Access for purpose of inspection.

The enforcement official may enter any building or premises at any reasonable time for the purpose of performing his duties under this article, when given permission by the owner, occupant/tenant, operator or person in charge of the building or premises.

In the event the owner, operator, occupant or person in charge shall refuse access to any building or premises, the enforcement official may make the application to the judge of the municipal court for an administrative search warrant.

Question: Does the denial of entry of a city inspector constitute a 4th amendment violation resulting in a search warrant for purposes of checking for smoke detectors, hot and cold water, functioning windows, plug ins, heat, ect?

Question: If a codes enforcement officer cannot trespass on private property of a private home owner for purposes of finding city code violations how can a city inspector be granted the authority to enter a tenants home without permission?

State of Kansas: Law changed on July 1, 2016 It prohibits the unified government from adapting, enforcing or maintaining a residential property licensing ordinance that includes a requirement for periodic interior inspections of privately owned residential rental property for city or county code violations unless the lawful occupant has consented to such interior inspections.

  • Sec 8.412.

h) non-compliance with article

(5) It should be unlawful for the owner of any dwelling unit of structure who is received a compliance order or up on whom a notice of violation has served to sell, transfer, mortgagee, or otherwise dispose of such dwelling or structure to another until the provisions of the compliance order or notice of violation have been compiled with or until the owner or the owners authorized agent shelf first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the enforcement official and shall furnish to the enforcement official a signed notarized statement from the grantee, transferee, mortgage or lessee, acknowledging receipt of such compliance order or notice of violation for fully accepting responsibility without condition.

Question: Don’t property violations normally stay with the property despite transfer of sale, mortgage, or lease? What is the purpose for the enforcement officer to have a signed notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging notice of violation and fully accepting responsibility without condition?

To join the meeting via ZOOM by using the following link:

Link for the April 13, 2021 Committee of the Whole meeting web packet

USE THIS LINK TO  . . . Comment

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