ORDINANCE NO. 260399
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Sponsor: Mayor Quinton Lucas
Amending Chapter 56 of the Code of Ordinances by enacting a new Section 56-548 to create minimum standards for the securing and mothballing of vacant buildings to prevent deterioration, protect public safety, and reduce negative neighborhood impacts.
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WHEREAS, vacant and unsecured buildings pose significant risks to public safety, invite unauthorized entry, and contribute to the deterioration of surrounding neighborhoods; and
WHEREAS, early intervention through proper mothballing and securing of vacant structures can prevent minor deterioration from escalating into dangerous-building conditions requiring costly remediation or demolition; and
WHEREAS, the Kansas City Historic Preservation Commission (HKC) and Resolution No. 250912 support mandatory, city-wide vacant building preservation-based mothballing standards as an upstream intervention to prevent dangerous-building scenarios; and
WHEREAS, mothballing measures should function as temporary stabilization tools, not as substitutes for maintenance, rehabilitation, or good-faith sale, with clear standards to protect the structural integrity and character-defining features of affected buildings; and
WHEREAS, standardizing the board-up process, including adherence to National Fire Protection Association (NFPA) standards for marking vacant structures, enhances the safety of emergency responders; and
WHEREAS, a mechanism for cost recovery through property liens, paired with a lien waiver process that preserves pathways for rehabilitation and redevelopment, is necessary to ensure these requirements are both enforceable and equitable; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF KANSAS CITY:
Section 1. That Chapter 56, Article V of the Code of Ordinances is hereby amended by adding a new Section 56-548 to read as follows:
Sec. 56-548. Mothballing and Securing of Vacant Buildings.
(a) Applicability. This section shall apply to any building or structure that has been vacant for a period of ninety (90) consecutive days or more. For purposes of this section, vacant is defined as lacking habitual presence of human beings who have a legal right to be on the property, or at which substantially all lawful business operations or residential occupancy has ceased. In determining whether a property is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of any building on the property or floor to the occupied space, the condition and value of any items in the property and the presence of rental or for sale signs on the property; provided that multi-family residential property containing five or more dwelling units shall be considered vacant when the majority of all of the dwelling units become unoccupied and a majority remain unoccupied. A property shall not be considered vacant which is being currently marketed by a licensed real estate professional hired by the former or current occupant of the property and to which water service has not been shut-off.
(b) Requirement to Mothball. The owner of any building subject to this section shall implement and maintain mothballing measures sufficient to:
i. Prevent deterioration of the structure;
ii. Maintain the integrity of the building envelope;
iii. Protect character-defining architectural features, where applicable; and
iv. Reduce adverse impacts on surrounding properties.
(c) Minimum Mothballing Standards. Mothballing shall include, but not be limited to, ensuring such vacant building is in compliance with all applicable requirements in this Code, and specifically the following:
i. Securing All Openings. All windows, doors, and other openings shall be secured to prevent unauthorized entry. Securing shall include all openings; partial securing is prohibited. Materials shall be properly fitted, maintained, and installed in a professional manner. Where the building is a historic structure, listed on either the U.S. Department of Interior’s National Register of Historic Places or the Kansas City Register of Historic Places, securing methods shall, to the extent practicable, be reversible and shall not damage or obscure character-defining features.
ii. Building Envelope Protection. The building shall be maintained in a weather-tight condition, including:
i. A sound roof that is free of leaks or structural failure;
ii. Intact exterior walls and foundation without significant cracks, breaches, or deterioration; and
iii. Prompt repair or sealing of any openings or breaches that develop after the initial mothballing.
iii. Water and Utility Management. All water lines shall be drained or otherwise secured to prevent leakage, pipe failure, or freezing. All utilities shall be properly disconnected or maintained in a safe condition.
iv. National Fire Protection Association (NFPA) Marking for Emergency Responders. Vacant structures shall comply with the provisions of the adopted International Fire Code, Chapter 26 Code of Ordinances, regarding Hazard Identification Signs in conformance with NFPA 704 and applicable NFPA standards and regarding placards marking vacant buildings to protect the safety of emergency responders.
v. Fencing and Site Security. Where necessary to protect public safety or prevent repeated unauthorized access, the director or the director’s authorized representative may require installation of fencing or other appropriate barriers.
vi. Exterior Maintenance. The building and surrounding property shall be maintained free of:
i. Accumulated debris or trash
ii. Excessive vegetation or overgrowth
iii. Graffiti or visible blighting conditions
vii. Enhanced Measures for Problematic Buildings. The Director may require enhanced securing measures, including but not limited to reinforced boarding, additional barriers, or increased inspection frequency, for any property with a documented history of unauthorized entry, repeated code violations, or significant risk of harm to the public.
(d) City Authority to Abate. If the owner fails to comply with the requirements of this section, the director or the director’s authorized representative may cause the necessary work to be performed to bring the property into compliance. The City shall provide at least ten (10) days’ written notice prior to performing such work, except where an imminent hazard to public safety requires immediate action.
(e) Costs and Lien. All costs incurred by the City in performing work under this section shall constitute a lien against the property and shall be recoverable in the same manner as other nuisance abatement costs pursuant to chapter 48 or dangerous building costs under this chapter. The City shall provide the property owner with an itemized accounting of all costs incurred.
(f) Lien Waiver or Reduction. All or any portion of a lien issued pursuant to this section may be waived according to the provisions of section 56-547 of this code.
(g) Historic Structures. For buildings listed on or eligible for listing on either the U.S. Department of Interior’s National register of Historic Places or Kansas City’s Register of Historic Places, all mothballing measures shall be implemented in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and shall, to the extent practicable, preserve and protect character-defining features.
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Approved as to form:
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Bret Kassen
Associate City Attorney