ENFORCEMENT

Kansas City Code ch. 56, art. II, div. 4

in effect

Kansas City Code § 56-281 Authority of director.

Sec. 56-281. - Authority of director. The director is hereby authorized and directed to administer and enforce all of the provisions of this code. He shall cause periodic inspections to be made of premises to secure compliance with the requirements of this code. (Code of Gen. Ords. 1967, § 20.55; Ord. No. 47717, 4-22-77; Ord. No. 56567, 6-14-84; Ord. No. 59593, 7-3-86)

Kansas City Code § 56-284 Emergency work.

Sec. 56-284. - Emergency work. Whenever an emergency exists which requires immediate action to protect the public health, safety or welfare, the director may issue an immediate order directing the owner, occupant or other person in charge of the building to take such action as is necessary to correct or abate the emergency; or, if circumstances warrant, the director may act to abate or correct the emergency. An emergency order shall be in lieu of the notice and order. (Code of Gen. Ords. 1967, § 20.57; Ord. No. 47717, 4-22-77; Ord. No. 56567, 6-14-84; Ord. No. 59593, 7-3-86)

Kansas City Code § 56-285 Advisory inspection.

Sec. 56-285. - Advisory inspection. In areas designated by the city for systematic code enforcement, the owner or occupant may first be given an inspection report listing the deficiencies found on the premises and requesting that the deficiencies be eliminated within a stated period of time not to exceed 180 days. Such an inspection report shall also state that if the deficiencies are not eliminated, a notice and order will be issued. (Code of Gen. Ords. 1967, § 20.58; Ord. No. 47717, 4-22-77; Ord. No. 56567, 6-14-84; Ord. No. 59593, 7-3-86)

Kansas City Code § 56-286 Order to correct violations.

Sec. 56-286. - Order to correct violations. Except in emergency cases, the director shall issue a notice and order stating the deficiencies found on the premises, identifying them as violations of this code and ordering the owner or occupant to correct such violations. This notice and order shall: (1) Be in writing. (2) Set forth the alleged violations of this code. (3) Describe the premises where the violations are alleged to exist or to have been committed. (4) Specify a period of 30 days for the correction of any violation alleged other than a violation of section 56-352 and advising the owner or occupant of his right to appeal. Property owners shall be allowed 15 days for the correction of an alleged violation of section 56-352 and any appeal shall be made to the hearing officer as described in section 56-290. (5) Be served upon the owner or occupant of the premises by delivery of a copy of the notice and order to such owner or occupant personally or by leaving such copy at their usual place of abode with a member of the family over the age of 15 years or by mail addressed to the owner, occupant or agent thereof. If one or more persons to whom such notice and order is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice and order in or about the premises described in the notice and order or by causing such notice and order to be published in a newspaper of general circulation. (Code of Gen. Ords. 1967, § 20.59; Ord. No. 47717, 4-22-77; Ord. No. 56567, 6-14-84; Ord. No. 59593, 7-3-86; Ord. No. 080689, § 1, 7-24-08; Ord. No. 150829, § 2, 10-15-15)

Kansas City Code § 56-287 Extension of time for compliance.

Sec. 56-287. - Extension of time for compliance. (a) Except as provided in subsections (b) and (c), if evidence of repair or improvements which will eliminate the deficiencies listed in the notice and order are found by the director at the time of the reinspection, he may allow an extension of time not to exceed 120 days, provided he determines the extension of time will not create or perpetuate a situation imminently dangerous or deteriorating to life or property. (b) When a building permit is required for repair work needed to comply with this Code, additional extensions of time may be given, provided continual progress is found on reinspection and the building permit remains valid. (c) When the building in question is a historic landmark, or is located in a historic district, the director may give extensions of time even though there is no progress on repairs, if the additional time is needed to get repair plans approved by the Landmarks Commission, to find special materials for repairs, or to obtain financing for the renovation project. (Code of Gen. Ords. 1967, § 20.60; Ord. No. 47717, 4-22-77; Ord. No. 56567, 6-14-84; Ord. No. 59593, 7-3-86; Ord. No. 971347, § 1, 10-2-97)

Kansas City Code § 56-288 Failure to correct violation.

Sec. 56-288. - Failure to correct violation. At the end of the period of time allowed for the correction of any violation alleged, the director shall reinspect the premises. If, upon reinspection, the violations are determined by the director not to have been corrected, the director shall initiate legal proceedings in municipal court, issue an administrative citation and/or shall order the premises vacated within 30 days, unless a valid extension of time has been granted. (Code of Gen. Ords. 1967, § 20.61; Ord. No. 47717, 4-22-77; Ord. No. 56567, 6-14-84; Ord. No. 59593, 7-3-86; Ord. No. 070851, § 1, 9-6-07)

Kansas City Code § 56-289 Administrative citation.

Sec. 56-289. - Administrative citation. (a) Each administrative citation shall contain the following information: (1) The date the violation is identified; (2) The address or a definite description of the location where the violation occurred; (3) The section of the Code violated and a description of the violation; (4) The amount of the fine for the code violation; (5) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid; (6) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and (7) The name and signature of the citing code enforcement officer. (b) Each administrative citation shall be served as provided in section 56-286. (Ord. No. 070851, § 1, 9-6-07)

Kansas City Code § 56-290 Request for administrative hearing.

Sec. 56-290. - Request for administrative hearing. (a) Any recipient of a notice and order to register rental property or an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for administrative hearing petition and returning it to the director along with a filing fee of $20.00, within 20 days from the date of the administrative citation. (b) A request for administrative hearing petition may be obtained from the neighborhood preservation division. (c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. (d) If the code enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. (e) The director may request and schedule an administrative hearing within 90 days of the issuance of an administrative citation. (Ord. No. 070851, § 1, 9-6-07; Ord. No. 080689, § 1, 7-24-08)

Kansas City Code § 56-291 Hearing officer designated.

Sec. 56-291. - Hearing officer designated. The city, through its director, shall designate and supervise the hearing officer for the administrative hearing. (Ord. No. 070851, § 1, 9-6-07; Ord. No. 071387, § 1, 3-13-08)

Kansas City Code § 56-292 Hearing.

Sec. 56-292. - Hearing. (a) A hearing before the hearing officer shall be set for a date that is not less than ten days and not more than 45 days from the date that the request for hearing is filed in accordance with the provisions of this chapter. (b) With the agreement of all parties, the hearing officer may attempt to mediate the dispute. If the dispute is settled as the result of mediation, the hearing will be canceled. Any mediated settlement must be commemorated by the hearing officer in writing and signed by the person filing the appeal and the city. (Ord. No. 070851, § 1, 9-6-07)

Kansas City Code § 56-293 Administrative hearing procedures.

Sec. 56-293. - Administrative hearing procedures. (a) At the hearing on the record, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. (b) The code violation notice, property record, and related documentation in the proper form shall be prima facie evidence of the municipal code violation. A department employee shall present the city's case although the code enforcement officer who issued the notice of violation need not be present. (c) The hearing officer may continue the hearing to a later date to request that additional information from the code enforcement officer or the recipient of the administrative citation be presented by the appropriate parties prior to issuing a written decision. (Ord. No. 070851, § 1, 9-6-07)

Kansas City Code § 56-294 Written decision.

Sec. 56-294. - Written decision. (a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The hearing officer shall also have the authority to reduce or waive a scheduled fine upon compliance with certain conditions. (b) If the hearing officer determines that the administrative citation should be upheld, the hearing officer shall set forth in the decision a payment schedule for the fine if it has not already been paid. If the hearing officer determines that the administrative citation should be withdrawn and the fine was deposited with the city, the city shall promptly refund the amount of the deposited fine as well as the administrative hearing filing fee. (c) The recipient of the administrative citation shall be served with a copy of the hearing officers written decision. (d) The decision of the hearing officer shall be final without any further right of administrative appeal other than as provided in chapter 536, RSMo. (Ord. No. 070851, § 1, 9-6-07)

Kansas City Code § 56-295 Final decision by hearing officer.

Sec. 56-295. - Final decision by hearing officer. (a) The hearing officer may not impose incarceration or any fine in excess of the amount allowed by the schedule of fines. Any fine or costs, or part of any fine or costs, remaining unpaid after the exhaustion of or the failure to exhaust, judicial review procedures under chapter 536, RSMo, shall be a debt due and owing the city, and may be collected in accordance with applicable law. (b) Any decision or judgment by the hearing officer will be enforced pursuant to the provisions of chapter 479, RSMo. (c) Any final decision or disposition of a code violation by a hearing officer shall constitute a final determination for purposes of judicial review. Such determination is subject to review under chapter 536, RSMo, or, at the request of the defendant made within ten days, a trial de novo in the circuit court. After expiration of the judicial review period under chapter 536, RSMo, unless stayed by a court of competent jurisdiction, the hearing officers decisions, findings, rules, and orders may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. Upon being recorded in the manner required by state law or the uniform commercial code, a lien may be imposed on the real or personal property of any defendant entering a plea of nolo contendere, pleading guilty to, or found guilty or be in violation of a municipal code violation in the amount of any debt due the city under this chapter and enforced in the same manner as a judgment lien under a judgment of a court of competent jurisdiction. (Ord. No. 070851, § 1, 9-6-07)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=COORKAMIVOII_CH56PRMACO_ARTIIREPR_DIV4ENFetched: 10/28/2026