Title 7 - Health and Sanitation

7.25.100 Incorporation

There is incorporated by reference, for the purpose of adopting regulations, provisions, conditions, terms, and specifications governing the conditions and maintenance of all structures and premises within the City, the 2018 International Property Maintenance Code (the “International Property Maintenance Code”), as published by the International Code Council, Inc., excepting and including such parts or portions thereof as are specifically deleted, amended, replaced or supplemented in Overland Park Municipal Code Chapter 7.25. At least one copy of the International Property Maintenance Code shall be marked “Official Copy as Incorporated by Ordinance No. PM-3289, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.

(History: Ord. No. PM-3289 §2, 2020)

Effective on: 1/1/1901

7.25.101.1

These regulations shall be known as the International Property Maintenance Code of the City of Overland Park, Kansas, hereinafter referred to as “this Code.”

(History: Ord. No. PM-3289 §3, 2020) 

Effective on: 1/1/1901

7.25.101.2 Purpose and Scope

101.2.1  Purpose.  The Governing Body finds that there exists within the City conditions of structures and premises which are dangerous or injurious to the health, safety or general welfare of the occupants of such structures and premises or other residents of the City or which have a blighting influence on the properties in the area. Such conditions include the following, without limitation: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation; air pollution; light or sanitary facilities; dilapidation; disrepair; structure defects; uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees, limbs or other unsightly natural growth and unsightly appearances that constitute a blight to adjoining property, the neighborhood or the City; walls, sidings or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies and machinery and vermin infestation; inadequate drainage; or any violation of health, fire, building or any other laws or regulations relating to the use of land and the use and occupancy of the buildings and improvements.

The Governing Body further finds that any of the foregoing conditions render such structures or premises unsafe, unsanitary or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the City.

101.2.2  Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

(History: Ord. No. PM-3289 §4, 2020)

Effective on: 1/1/1901

7.25.102.3 Application of other codes.

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Building Code of the City of Overland Park, Kansas, as set forth in OPMC Chapters 16.100 through 16.180. Nothing in this Code shall be construed to cancel, modify or set aside any provisions of Titles 7 or 18 of the Overland Park Municipal Code.

(History: Ord. No. PM-3289 §5, 2020)

Effective on: 1/1/1901

7.25.102.5 Workmanship

Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. Repairs made to exterior walls, roofs, doors and windows shall be made of materials that are compatible with the existing material unless otherwise approved by the Code Official.

(History: Ord. No. PM-3289 §6, 2020)

Effective on: 1/1/1901

7.25.103.2 Appointment

Except where otherwise specifically provided in this ordinance, the Director of Planning and Development Services shall be the administrative official charged with interpreting and enforcing the provisions of this code. The Director of Planning and Development Services shall be known as the Code Official, and such term shall include the Director’s authorized representatives. Further, whenever the terms or title “administrative authority,” “code enforcement officer,” “responsible official,” “building official,” “director,” “public officer” or other similar designation is used in this code or any adopted standard, it shall be construed to mean the Director of Planning and Development Services.

(History: Ord. No. PM-3289 §7, 2020)

Effective on: 1/1/1901

7.25.103.5

Section 103.5 of the International Property Maintenance Code is hereby omitted.

(History: Ord. No. PM-3289 §8, 2020)

Effective on: 1/1/1901

7.25.106.4 Violation Penalties

Any person who violates a provision of this Code, or fails to comply with therewith, or with any of the requirements thereof, shall be subject to penalties as prescribed by law, or other references incorporated, is guilty of a public offense, punishable as provided in OPMC Section 1.12.010.

(History: Ord. No. PM-3289 §9, 2020)

Effective on: 1/1/1901

7.25.106.5 Abatement of violation

If the owner fails to timely comply with a notice of violation, the Code Official may (but is not required to) take such action as is reasonably necessary to abate the violation. Neither the Code Official nor the City shall be responsible for damage to the premises due to any reasonable exercise of abatement. The Code Official may use City's employees or contract for services to abate the violations.

106.5.1 Notice of Costs and Assessment. If a violation is abated, the Code Official shall, in the manner prescribed in Section 107.3, provide the owner or person responsible a notice of costs providing:

1. 1.
   A description of the real estate sufficient for identification.
2. 2.
   The nature of the violation and the abatement work performed.
3. 3.
   The abatement costs incurred (including administrative costs).
4. 4.
   A demand for payment within 30 days from the date of notice.
5. 5.
   A statement that the failure to pay within 30 days will allow the City to file a tax lien against the premises or to pursue litigation for the recovery of costs.

If unpaid after 30 days of the notice of costs, the abatement costs shall be assessed as a special assessment against the premises, and a lien shall be placed on the premises. Thereafter, the city clerk, at the time of certifying other City taxes, shall certify the unpaid portion of the costs, and the county clerk shall extend the same on the tax rolls of the County against the premises. Assessments under this section shall be superior to all liens except general tax liens. Provided the City may collect such costs in the manner provided at K.S.A. 12-1,115, by bringing an action in the appropriate court as a personal debt, and the City may pursue both assessment and collection until the full cost, including applicable interest, court costs, attorney's fees and administrative costs have been paid in full.

106.5.3 Impact on prosecution. The imposition of abatement shall not preclude any appropriate prosecution or penalties, nor shall the imposition of any prosecution or penalties preclude the Code Official from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

(History: Ord. No. PM-3289 §10, 2020)

Effective on: 1/1/1901

7.25.108.8 Damage or loss to buildings or other structures.

Damage or loss to buildings or other structures shall comply with the provisions of Sections 108.8.1 through 108.8.11.

108.8.1 Scope and application.  The City is hereby authorized to utilize the procedures established by K.S.A. 40-3901 et seq., whereby no insurance company shall pay a claim of a named insured for loss or damage to any building or other structure located within the City, where the amount recoverable for the loss or damage to the building or other structure under all policies is in excess of 75% of the face value of the policy covering such building or other structure, unless there is compliance with the procedures set out in this Code.

108.8.2 Lien created.  There is hereby created a lien in favor of the City on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the City, where the amount recoverable for all the loss or damage to the building or other structure under all policies is in excess of 75% of the face value of the policy(s) covering such building or other insured structure. The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real property by or on behalf of the City which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.

108.8.3 Same, encumbrances.  Prior to final settlement on any claim covered by Section 108.8.2, the insurer or insurers shall contact the County Treasurer, Johnson County, Kansas, to determine whether any such encumbrances are presently in existence. If the same are found to exist, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the County Treasurer, Johnson County, Kansas.

108.8.4 Same; pro rata basis.  Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the building or other structure.

108.8.5 Procedure:

1. 1.
   When final settlement on a covered claim has been agreed to or arrived at between the named insured or insureds and the company or companies, and the final settlement exceeds 75% of the face value of the policy covering any building or other insured structure, and when all amounts due the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company or companies shall execute a draft payable to the Chief Financial Officer in an amount equal to the sum of 15% of the covered claim payment, unless the Code Official has issued a certificate to the insurance company or companies that the insured has removed the damaged building or other structure, as well as all associated debris, or repaired, rebuilt, or otherwise made the premises safe and secure.
2. 2.
   Such transfer of funds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the City shall be disbursed in accordance with the policy terms.
3. 3.
   Upon the transfer of funds as required by Section 108.8.1, the insurance company shall provide the City with the name and address of the named insured or insureds, the total insurance coverage applicable to said building or other structure, and the amount of the final settlement agreed to or arrived at between the insurance company or companies and the insured or insureds, whereupon the Code Official shall contact the named insured or insureds by certified mail, return receipt requested, notifying them that said insurance proceeds have been received by the City and apprise them of the procedures to be followed under this Ordinance.

108.8.6 Fund created; deposit of moneys.  The Chief Financial Officer is hereby authorized and shall create a fund to be known as the “Insurance Proceeds Fund.” All moneys received by the Chief Financial Officer as provided for by this Ordinance shall be placed in said fund and deposited in an interest-bearing account.

108.8.7 Building Inspector; investigation, removal of structure.

1. 1.
   Upon receipt of moneys provided for by this Ordinance, the Chief Financial Officer shall immediately notify the Code Official  of said receipt, and transmit all documentation received from the insurance company or companies to the Code Official .
2. 2.
   Within forty-five (45) days of the receipt of said moneys, the Code Official  shall determine, after prior investigation, whether the City shall instigate proceedings under the provisions of K.S.A. 12-1750 et seq., as amended.
3. 3.
   Prior to the expiration of the forty-five (45) days established by Section 108.8.7(2), the Code Official  shall notify the Chief Financial Officer whether proceedings will be initiated under K.S.A. 12-1750 et seq., as amended.
4. 4.
   If the Code Official  has determined that proceedings under K.S.A. 12-1750 et seq., as amended shall be initiated, the Code Official  will do so immediately but no later than forty-five (45) days after receipt of the moneys by the Chief Financial Officer.
5. 5.
   Upon notification to the Chief Financial Officer by the Code Official  that no proceedings shall be initiated under K.S.A. 12-1750 et seq., as amended, the Chief Financial Officer shall return all such moneys received, plus accrued interest, to the insured or insureds as identified in the communication from the insurance company or companies. Such return shall be accomplished within forty-five (45) days of the receipt of the moneys from the insurance company or companies.

108.8.8 Removal of structure excess moneys.  If the Code Official has proceeded under the provisions of K.S.A. 12-1750 et seq., as amended, all moneys in excess of that which is ultimately necessary to comply with the provisions for the removal of the building or structure, less salvage value, if any, shall be paid to the insured.

108.8.9 Same; disposition of funds.  If the Code Official, with regard to a building or other structure damaged determines that it is necessary to act under K.S.A. 12-1756, any proceeds received by the Chief Financial Officer under the authority of Section 108.8.5(1) relating to that building or other structure shall be used to reimburse the City for any expenses incurred by the City in proceeding under K.S.A. 12-1756. Upon reimbursement from the insurance proceeds, the Code Official  shall immediately affect the release of the lien resulting therefrom. Should the expenses incurred by the City exceed the insurance proceeds paid to the Chief Financial Officer under Section 108.8.5(1), the Code Official  shall publish a new lien as authorized by K.S.A. 12-1756, in an amount equal to such excess expenses incurred.

108.8.10 Effect upon insurance policies.  This Ordinance shall not make the City a party to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

108.8.11 Insurers; liability.  Insurers complying with this Ordinance or attempting in good faith to comply with this Ordinance shall be immune from civil and criminal liability and such action shall not be deemed in violation of K.S.A. 40-2404 and any amendments thereto, including withholding payment of any insurance proceeds pursuant to this Ordinance, or releasing or disclosing any information pursuant to this Ordinance.

(History: Ord. No. PM-3289 §11, 2020)

Effective on: 1/1/1901

7.25.109.1 Imminent danger.

When, in the opinion of the Code Official , there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official  is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: “This structure is unsafe and its occupancy has been prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same. When the Code Official has determined that a structure is in danger of collapse or has suffered a partial collapse, and thus poses an imminent danger to life for those in proximity to the structure, the Code Official  is further authorized to order the immediate removal or demolition of the structure or portion thereof as authorized under K.S.A. 12-1756.

(History: Ord. No. PM-3289 §12, 2020)

Effective on: 1/1/1901

7.25.110 Demolition

110.1  Order of demolition.  The Code Official  shall order the owner of any premises upon which is located any structure, which in the Code Official  judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the Code Official  shall order the owner to demolish and remove such structure, or board up until further repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the Code Official .

110.1.1  Enforcement.  If the Code Official determines that a violation of Section 110.1 exists, a Notice to Appear in Municipal Court may be issued for such violation. No other procedures, including the adherence to the provisions of Section 110.3, are required as a prerequisite to the issuance of a Notice to Appear.

110.2 Notices and orders.  Notices and orders shall comply with Section 107.

110.3  Demolition or repair by the City.  The Governing Body shall have the power to cause the repair or removal of, or to remove any structure located within the City, which may have become unsafe or dangerous. This provision and the following subsections are intended to conform with the provisions of K.S.A. 12-1750 et seq. (as amended from time to time); and to the extent there is any conflict, the Statute shall take precedent.

110.3.1  Code official’s report.  Whenever the Code Official’s investigation discloses a basis that any structure is unsafe or dangerous, the Code Official shall file a written report with the Governing Body describing the situation, its location and the circumstances that support the determination that the structure is unsafe or dangerous.

110.3.2  Notice and publication for hearing.  The Governing Body, by resolution, shall fix a time and place at which the owner, the owner’s agent, any lienholders of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished. Such resolution shall be published once each week for two (2) consecutive weeks on the same day of each week. At least thirty (30) days shall elapse between the last publication and the date set for the hearing. A copy of the resolution shall be mailed by certified mail within three (3) days after its first publication to each such owner, agent, lienholder and occupant, at the last known address and shall be marked “deliver to addressee only.”

110.3.3  Hearing.  On the date fixed for hearing or any adjournment thereof, the Governing Body shall hear all evidence submitted by the owner, the owner’s agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the Code Official and shall make findings by resolution.

Provided, in the event the Code Official determines on or before the date fixed for hearing that the structure has been sufficiently repaired or removed, the Code Official shall inform the Governing Body and recommend the cancellation of the hearing. Upon acceptance of said recommendation, no further action shall be required by the Governing Body.

110.3.4  Findings and resolution.

110.3.4.1  If the Governing Body finds that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired or removed and the premises made safe and secure. Such resolution shall be published once in the official city paper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the Governing Body will cause the structure to be repaired or razed and removed.

110.3.4.2  If the Governing Body finds that such structure is not unsafe or dangerous, such resolution shall state such finding and that the proceeding is terminated. Such resolution shall not be required to be published.

110.3.5  Action, assessment and collection of costs by City.

1. a.
   If the owner of any structure has failed to commence the repair or removal of such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the City may proceed to raze and remove such structure, make the premises safe and secure, or let the same to contract.
2. b.
   The City shall keep an account of the cost of such work and may sell the salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. All moneys in excess of that necessary to pay such costs and the cost of publications of notice and any postage for mailing of notice, after the payment of all costs, shall be paid to the owner of the premises upon which the structure was located.
3. c.
   The City shall give notice to the owner of such structure by restricted mail of the total cost incurred by the City in removing such structure and making the premises safe and secure and the cost of providing notice. Such notice also shall state that payment of such cost is due and payable within thirty (30) days following receipt of such notice. If the cost is not paid within the thirty-day period and if there is no salvageable material or if moneys received from the sale of salvage or from the proceeds of any insurance policy in which the City has created a lien pursuant to K.S.A. 40-3901 et seq., and amendments thereto, are insufficient to pay the cost of such work, the balance shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and the City Clerk at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and any applicable interest has been paid in full.
4. d.
   Whenever any structure is removed from any premises under the provisions of this ordinance, the City Clerk shall certify to the county appraiser that such structure, describing the same, has been removed.

110.4  Duties of owner after removal of structure.  The owner of any structure, upon removing the same, shall fill any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition.

(History: Ord. No. PM-3289 §13, 2020)  

Effective on: 1/1/1901

7.25.111.1 Application for appeal.

Any person directly affected by a decision of the Code Official or a notice or order issued under this Code directly pertaining to the interpretation or application of technical provisions of this Code shall have the right to appeal to the board of appeals, as established in Section 16.100.113.1, provided that written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, or the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

(History: Ord. No. PM-3289 §14, 2020)  

Effective on: 1/1/1901

7.25.111.2 Omitted.

Section 111.2 of the International Property Maintenance Code is hereby omitted.

(History: Ord. No. PM-3289 §15, 2020)  

Effective on: 1/1/1901

7.25.302.1 Sanitation

Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. Rubbish and garbage shall not be stored or allowed to accumulate on any premises including but not limited to trash, trash bags, large limb piles, boxes, carpet padding, building supplies or material.

(History: Ord. No. PM-3289 §16, 2020)  

Effective on: 1/1/1901

7.25.302.3 Sidewalks and driveways.

Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. For the purposes of this section, a hazardous condition shall include, but not be limited to, a paved surface which is broken, heaved, collapsed or missing pavement to a degree that vehicles using the surface are at risk of being damaged or pedestrians walking on the surface are at risk of falling or tripping.

(History: Ord. No. PM-3289 §17, 2020)  

Effective on: 1/1/1901

7.25.302.4 Omitted (See Chapter 7.20 - Weeds).

Section 302.4 of the International Property Maintenance Code is hereby omitted. (See Chapter 7.20 - Weeds.)

(History: Ord. No. PM-3289 §18, 2020)  

Effective on: 1/1/1901

7.25.302.10 Animal Sanitation.

Exterior property and premises shall be kept free of an excessive accumulation of animal waste and any exposed animal carcasses after death.

Provided, however, the provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. No. PM-3289 §19, 2020)  

Effective on: 1/1/1901

7.25.302.11 Pools of water.

Ponds, reservoirs, swimming pools or other receptacles of water shall be maintained free of trash, debris, garbage or other effluvia and shall not serve as a breeding ground for insects or other vectors.

Provided, however, the provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. No. PM-3289 §20, 2020)  

Effective on: 1/1/1901

7.25.302.12 Exterior storage.

Except as specifically permitted by this Section or any other applicable city code, exterior storage is not allowed.

For property zoned or used for a single-family or two-family residence, exterior storage is permitted under the applicable provisions of the Unified Development Ordinance or the Overland Park Municipal Code. The intent is to limit exterior storage to those items specifically permitted under the applicable zoning district regulations or the applicable accessory use regulations. Exterior storage shall be subject to the following provisions:

1. 1.
   Except for firewood, the storage of approved items shall be within the backyard.
2. 2.
   Firewood shall be neatly stacked and free of insects and vermin. Firewood shall be stored in the side yard or backyard.
3. 3.
   Storage of items shall be substantially screened from view from any adjacent property by a wall or fence. When approved by the Code Official, mature landscape material may be substituted for a wall or fence.
4. 4.
   Items such as barbeque grills, flag poles, play equipment and lawn or patio furniture are allowed and need not be screened.
5. 5.
   Any exterior storage related to a business is prohibited.
6. 6.
   The exterior storage of permitted items shall occupy no more than 20% of the allowable outside storage area.

For property not zoned or used for a single-family or two-family residential, exterior storage is limited to that which is permitted under the applicable provisions of the Unified Development Ordinance or the Overland Park Municipal Code.
Provided, however, the provisions of this section shall not apply to those properties annexed into the City by either Ordinance No A-2367 or Ordinance No. A-2719 that has a zoning designation based on the Johnson County Zoning Regulations.

(History: Ord. No. PM-3289 §21, 2020)  

Effective on: 1/1/1901

7.25.302.13 Rain Barrels.

The City promotes the benefits of the use of rain barrels while recognizing the need to blend their use into a residential setting. To balance the environmental, drainage and other benefits of rain barrels with the potential for nuisance, aesthetic or other issues that may result from the use of the same, rain barrels are permitted in residential districts subject to the following:

1. a.
   One rain barrel per each downspout is allowed on any residential building façade, when said rain barrel is:

   1. 1.
      Approximately 65 gallons or less in capacity;
   2. 2.
      Screened from view at grade or reasonably blends with the building’s façade and surrounding landscaping/vegetation;
   3. 3.
      Located adjacent to the building envelope;
   4. 4.
      Not elevated more than 24 inches above adjacent grade, placed on a stable surface, and maintained in such a way as to prevent tipping;
   5. 5.
      Secured with a lid (lids with a designed screen opening are acceptable);
   6. 6.
      Maintained in a safe and functional condition and kept in good repair; and
   7. 7.
      Maintained to prevent any offensive odors, any mosquito or other insect eggs and larvae, any other nuisance or any other city code violation.
2. b.
   Larger rain barrels or even multiple rain barrels per downspout are allowed when the rain barrels are:

   1. 1.
      Located in the rear yard or side yard behind the front building line;
   2. 2.
      Screened from view at grade from the right-of-way and any adjacent property;
   3. 3.
      Placed on a stable surface, and maintained in such a way as to prevent tipping;
   4. 4.
      Secured with a lid (lids with a designed screen opening are acceptable);
   5. 5.
      Maintained in a safe and functional condition and kept in good repair; and
   6. 6.
      Maintained to prevent any offensive odors, any mosquito or other insect eggs and larvae, any other nuisance or any other city code violation.
   7. 7.
      Subject to the 20% of allowable outside storage area calculation set forth in O.P.M.C. Section 7.25.302.12.
3. c.
   The Code Official is authorized to interpret the application of the requirements in subsections a and b above, and is further authorized to approve reasonable alternative requirements that meet the general goal and intent of this Section.

(History: Ord. No. PM-3289 §22, 2020)  

Effective on: 1/1/1901

7.25.303.1 Swimming Pools

Swimming pools, spa pools, hot tubs and public bathing places shall be maintained in a clean and sanitary condition, in good repair.

The provision of the Johnson County Aquatics Health Code (and amendments thereto) shall apply to the maintenance of public and semi-public swimming pools, spa pools, hot tubs and public bathing places and shall be enforced by the Johnson County Department of Health and Environment (“JCDHE”); and the City consents to and grants JCDHE jurisdiction to enforce the Johnson County Aquatics Health Code within the City’s corporate boundaries. If there is a discrepancy between an ordinance adopted by the City of Overland Park and the Johnson County Aquatics Health Code, the City may enforce the most restrictive provision thereof.

(History: Ord. No. PM-3468 §2, 2024)

Effective on: 1/1/1901

7.25.304.2 Protective Treatment.

Exterior Surfaces, including but not limited to, doors, door and window frames, conices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted in a manner that is consistent (colorwise) with the adjoining painted surface. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designated for stabilization by oxidation are exempt from this requirement.

(History: Ord. No. PM-3289 §23, 2020)  

Effective on: 1/1/1901

7.25.304.6 Exterior walls.

Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Exterior walls shall be maintained free of mold and mildew. Repairs made to exterior walls shall be made of materials that are compatible with the existing material unless otherwise approved by the code official.

(History: Ord. No. PM-3289 §24, 2020)  

Effective on: 1/1/1901

7.25.304.14 Insect screens.

During the period from May 15th to October 15th every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Where screens, frames for screens, or storm windows are provided, the entire assembly shall be maintained in a workable condition and in good repair.

(History: Ord. No. PM-3289 §25, 2020)  

Effective on: 1/1/1901

7.25.308.1 Accumulation of rubbish or garbage.

Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage and any solid waste as defined in Title 7.36 of the Overland Park Municipal Code.

308.1.1 Summary Abatement.  Whenever the Code Official determines that the accumulation of rubbish, garbage or any other solid waste poses an imminent threat or substantial risk of being spread, scattered or blown onto neighboring properties or the adjacent right-of-way thereby creating a substantial interference with the use and enjoyment of said properties, the City may to take immediate action to abate the violation without notice.

308.1.2 Accelerated Abatement. Whenever the Code Official determines that the accumulation of rubbish, garbage or any other solid waste appears to be discarded items or materials that, by virtue of their nature, amount or composition, create a substantial interference with the use and enjoyment of neighboring properties or public property or right-of-way, the City may take steps to abate the violation in accordance with the following steps:

1. 1.
   The Code Official shall post the premises where the materials are located with a notice warning that accelerated abatement will occur unless the violation is corrected as required. If the tax records indicate that the owner resides at the location and the violation is not removed within 24 hours of posting, the Code Official may authorize immediate abatement.
2. 2.
   If the tax records indicate that the owner resides at a different location in Johnson County, the Code Official shall post that location with the same notice. If the violation is not removed within 48 hours, the Code Official may authorize immediate abatement.
3. 3.
   If the tax records indicate that the owner resides outside of Johnson County, the Code Official shall send the same notice to the owner’s address by overnight delivery. If the violation is not removed within 48 hours of the time of posting, the Code Official may authorize immediate abatement, provided the Code Official reasonably believes that at least 24 hours has occurred from the anticipated delivery time of the mailed notice.

If summary, accelerated or regular abatement is required, the owner shall be responsible for payment of the cost of the abatement and a notice of cost shall be sent as provided in OPMC Section 7.25.106.5.1.

(History: Ord. No. PM-3289 §26, 2020)  

Effective on: 1/1/1901

7.25.506.2 Maintenance

Section 506.2 of the International Property Maintenance Code is hereby amended to read as follows:

506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. The provision of the Johnson County Environmental Sanitary Code 2025 Edition (and amendments thereto) shall apply to the maintenance of private sewage disposal systems and shall be enforced by the Johnson County Department of Health and Environment (“JCDHE”); and the City consents to and grants JCDHE jurisdiction to enforce the Johnson County Environmental Sanitary Code within the City’s corporate boundaries.

(History: Ord. No. BC-3466 §4, 2024)

Effective on: 1/1/1901

7.25.602.3 Heat supply.

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15th to May 15th to maintain a temperature of not less than 68ºF (20ºC) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

1. 1.
   When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2. 2.
   In areas where the average monthly temperature is above 30ºF (-1ºC) a minimum temperature of 65ºF (18ºC) shall be maintained.

(History: Ord. No. PM-3289 §27, 2020)  

Effective on: 1/1/1901

7.25.602.4 Occupiable work spaces.

Indoor occupiable work spaces shall be supplied with heat during the period from  October 15th to May 15th to maintain a temperature of not less than 65ºF (18ºC) during the period the spaces are occupied.

Exceptions:

1. 1.
   Processing, storage and operation areas that require cooling or special temperature conditions.
2. 2.
   Areas in which persons are primarily engaged in vigorous physical activities.

(History: Ord. No. PM-3289 §28, 2020)  

Effective on: 1/1/1901

7.25.606.1 General.

Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the Code Official. The inspection and tests shall be performed at not less than the periodic intervals listed in Table 601.1.

(History: Ord. No. PM-3289 §29, 2020)  

Effective on: 1/1/1901

7.25.800

Chapter 8 REFERENCE STANDARDS of the International Property Maintenance Code is hereby amended to omit the reference to IZC - 2018 International Zoning Code.

(History: Ord. No. PM-3289 §30, 2020)  

Effective on: 1/1/1901