Title 7 - Health and Sanitation

7.01.200 Required Registration for Problem Properties.

The Director of Planning and Development Services is authorized to adopt written rules and regulations specifying the criteria for placing non-owner occupied property within a responsible party registration program for problem properties. These rules and regulations shall follow the general guidelines set forth in this section. Such properties shall include, without being limited to, properties where the owner or the accused has failed to appear at arraignment or trial, or that have been the subject of a prosecution in Municipal or District Court or a civil proceeding in any court of competent jurisdiction where, in the course of those judicial proceedings, a warrant for failure to appear in court, a contempt of court order, or any similar order reflecting the accused or owner’s failure to comply with required court procedures or orders, was issued by the court. The rules and regulations shall provide for the inclusion in that program of properties where any code violation remains uncorrected after the completion of appropriate court proceedings initiated by the City or properties where a failure to correct outstanding violations of the Overland Park Municipal Code has resulted in the City being required to undertake action to abate the violation or vacate the subject property, or both. The rules and regulations shall contain appropriate procedures consistent with the requirements of due process governing the designation of property for inclusion in the program and an appeal process for any property owner aggrieved by such inclusion. No property subject to the requirements of this registration program may be operated as non-owner occupied property within the City, leased or rented to any tenant, or occupied in any manner by a tenant of any kind whatsoever, unless and until full compliance with the registration program has been certified by the City and all outstanding code violations have been corrected and all costs, charges, fees, court fines and costs and all other financial obligations to the City are satisfied in full. The rules and regulations shall include, at a minimum, the following matters: detailed requirements pertaining to the designation and definition of a responsible party who shall be obligated to keep the subject property in full compliance with all applicable code provisions; personal information pertaining to that responsible person, such as a residence address and phone number as well as documentation of sufficient identifying characteristics of that person to allow, if necessary, the issuance of a warrant for their arrest. The Director shall submit a copy of these proposed rules and regulations to the Community Development Committee not less than 30 days before their effective date.

(History: Ord. CCO-2243 §1, 2000)

Effective on: 1/1/1901