Title 5 - Business Licenses and Regulations

5.75.140  Unlawful Operation of Rental Dwelling.

A.  It shall be unlawful for any Person to fail to comply with any provision of this Chapter. A Person who allows to be occupied or rents to another any Rental Dwelling without a Rental License as required by this Chapter is guilty of a misdemeanor punishable as provided in Section 1.12.010 of the Overland Park Municipal Code. Each day that a Person fails to comply, or fails to maintain a Rental License as required by this Chapter, shall constitute a separate offense.

B.  Whenever a Rental Dwelling has been rented without a Rental License, the City may serve a Notice of Violation upon the Owner by personal service or by certified mail to the address of record with the Johnson County Department of Records and Tax Administration. The Notice of Violation shall provide notice of the following:

1.  The Rental Dwelling has been rented without a Rental License;

2.  The Owner must obtain a Rental License by a date certain in order for the Rental Dwelling to remain occupied;

3.  A statement that any rental of the Rental Dwelling or the affected Dwelling Units while the Rental License is revoked or suspended may subject the Owner to prosecution; and

4.  Each day that the Owner fails to obtain a Rental License as required by this Chapter shall constitute a separate offense and is punishable as provided in Section 1.12.010 of the Overland Park Municipal Code.

C.  If the Owner fails to comply with the Notice of Violation, the City may issue a Notice to Appear, setting a date and time for appearance in Municipal Court. In addition, the City may prominently post a notice on the affected Premises indicating that:

1.  The Rental Dwelling is not licensed and is in violation of Chapter 5.75 of the Overland Park Municipal Code;

2.  A statement that any rental of the Rental Dwelling or the affected Dwelling Units while the Rental License is revoked or suspended may subject the Owner to prosecution; and

3.  It shall be unlawful for any Person to deface or remove a posted notice from an unlicensed Rental Dwelling. The unlawful removal of a posting shall constitute a public offense, punishable as provided in Section 1.12.010 of the Overland Park Municipal Code.

D.  It shall be unlawful for any Person to deface or remove a posted notice from an unlicensed Rental Dwelling. The unlawful removal of a posting shall constitute a public offense, punishable as provided in Section 1.12.010 of the Overland Park Municipal Code.

(History: Ord. RLI-3120 §14, 2016)

Effective on: 2/23/2016