Chapter VIII · Health and Welfare

ARTICLE 4. HOUSING CODE

Sections 8-401 to 8-410 · 10 sections

8-401 Title.

This article shall be known as the “Housing Code,” and will be referred to herein as “this code.”

(Code 1988)

8-402 General.

Buildings used in whole or in part as a home or residence of a single family or person and every building used in whole or in part as a home or residence of two or more persons or families living in separate apartments and all premises, either residential or non-residential, shall conform to the requirements of this code.

(Code 1988)

8-403 Declaration of policy.

The governing body declares the purpose of this code is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly-owned structures or dwellings, and all premises for the purpose of sanitation and public health, general appearance, and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings, structures and premises now in existence or hereafter constructed or developed and which legislation:

(a)Establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location and amount of space for human occupancy, and for safe and sanitary maintenance;

(b)Establishes standards concerning unsightly and blighted buildings and premises, both residential and non-residential structures.

(c)Determines the responsibilities of owners, operators and occupants.

(d)Provides for the administration and enforcement thereof.

(Code 1988)

8-404 Housing code adopted by reference.

There is hereby adopted by the governing body and incorporated by reference, for the purpose of prescribing the minimum acceptable standards for buildings used for human habitation in the city, fixing the responsibilities of owners, operators, and occupants of the buildings, that certain code known as the B.O.C.A. Basic Housing Code recommended and published by the Building Officials Conference of America, Inc., 1964 Edition, of which code no fewer than three copies have been and now are filed in the office of the city clerk, and the code is adopted and incorporated as fully as if set out at length herein, in accordance with K.S.A.. 12-3009 to 3012, inclusive, and the provisions thereof shall be controlling within the limits of the city.

(Code 1977, 15.12.010)

8-405 Discriminatory practices prohibited; regulations incorporated by reference; penalty.

(a)There is hereby incorporated by reference for the purpose of making unlawful certain discriminatory housing practices in the city, K.S.A. 44-1016, such incorporation being authorized by K.S.A. 12-3009 to 12-3012, inclusive.

(b)Any person convicted of a violation of any of the provisions of this section shall be fined in an amount not more than $100, or be imprisoned not exceeding 30 days, or be both so fined and imprisoned.

(Ord. 212, Secs. 1:2)

8-406 Housing rehabilitation and citizens advisory board created.

There is hereby created and established a Housing Rehabilitation and Citizens Advisory Board (hereinafter called “the board”) to serve the governing body of the city, which board shall have the functions, duties, and authority prescribed in sections 8-407:408 of this article.

(Ord. 216, Sec. 1)

8-407 Same; membership and vacancies.

The board shall consist of five members to be appointed by the mayor with the consent of the governing body. All members shall be residents of the city and shall serve the duration of the city’s U.S. Department of Housing and Urban Development (HUD) Grant. Any vacancies which occur during the term of the grant may be filled for the remaining term by appointment by the mayor with the consent of the governing body. All members of the board shall serve without pay.

(Ord. 216, Sec. 2)

8-408 Same; functions, duties, and authority.

The board shall have the following functions, duties, and authority:

(a)Serve as a citizens’ advisory group for Community Development Applications to HUD.

(b)Receive and process applications for housing rehabilitation grants.

(c)Receive bids and award contracts for housing rehabilitation.

(d)Approve final inspections of housing rehabilitation work and recommend payments to be made to the contractor by the city.

(e)Establish policy where not otherwise specified.

(f)Recommend changes in program guidelines to the governing body of the city.

(g)Authorize change orders to work in progress, which authorization shall be subject to appeal in the manner hereinafter set forth in subsection (h) of this section.

(h)Have decision-making authority concerning repair of existing housing, provided, however, that the owner of any house who disputes any such decision made by the board may appeal such decision to the governing body of the city if such appeal is made in writing and filed with the city clerk within 20 days after the board’s decision is made. Upon receipt of such notice of appeal, the governing body of the city shall set a time and place for a hearing on the appeal and shall give the owner written notice thereof. At such hearing the owner shall be given an opportunity to be heard and to show cause why the board’s decision should be modified or overruled. Upon hearing the evidence and testimony presented at such hearing, the governing body shall issue its order either sustaining, modifying, or overruling the board’s decision, which order shall be reduced to writing and mailed to the owner, at his or her last known address, within 10 days after the date of the hearing. The only decisions which shall be subject to appeal by any owner shall be those decisions made by the board pursuant to this subsection and subsection (g) above.

(Ord. 216, Sec. 3)

8-409 Same; officers.

The board shall elect a chairperson and vice-chairperson, who shall serve for the duration of the HUD grant.

(Ord. 216, Sec. 4)

8-410 Same; meetings and records.

The board shall determine meeting times and places. Special meetings may be held on call of the chairperson. A majority of the board shall constitute a quorum for the transaction of business. The board shall cause a proper record to be kept of its proceedings.

(Ord. 216, Sec. 5)