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[COMITTEE SUBSTITUTE FOR] ORDINANCE NO. 260399
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Sponsor: Mayor Quinton Lucas
COMMITTEE SUBSTITUTE
Directing the City Manager to develop and publish a plain-language vacant property maintenance guide consolidating existing standards applicable to owners of vacant buildings and structures under Chapters 26, 48, and 56 of the Code of Ordinances, to make such guide publicly available and provide it to registrants under Article VI of Chapter 56, and to develop and implement a city-wide vacant property registration outreach campaign; and appropriating funds from the Development Services Fund to carry out these purposes.
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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, 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 communications about 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, the Code of Ordinances already establishes comprehensive standards governing the maintenance, securing, and upkeep of vacant buildings and structures, including requirements found in Chapters 26, 48, and 56 of this code; and
WHEREAS, public engagement surrounding recent vacant property legislation has revealed that many property owners are unaware of their existing obligations under the code, not because those obligations are absent, but because they are dispersed across multiple chapters and not easily accessible to a general audience; and
WHEREAS, the most effective near-term intervention is not the creation of new code requirements, but rather clear and accessible communication of existing ones; and
WHEREAS, the City's expanded vacant property registration requirements enacted pursuant to Ordinance No. 260401 provide a natural point of contact at which property owners can be informed of their maintenance obligations; and
WHEREAS, a plain-language guide consolidating these existing standards, made available online and provided directly to registrants, will improve voluntary compliance, reduce the incidence of neglected vacant properties, and support the goals of the City's broader vacant property strategy; and
WHEREAS, a robust and coordinated outreach campaign is necessary to inform property owners city-wide of their registration obligations under the expanded requirements enacted by Ordinance No. 260401, ensure that those requirements are understood and followed, and reduce the number of unregistered vacant properties; and
WHEREAS, Missouri law provides neighborhood associations and residents with independent legal tools to address vacant and blighted properties, including the nuisance action remedy under RSMo § 82.1025 and the Missouri Abandoned Housing Act, RSMo §§ 447.620 to 447.640; and
WHEREAS, awareness of these remedies among Kansas City residents and neighborhood associations is limited, and including plain-language information about these tools in the vacant property maintenance guide developed pursuant to this ordinance will empower neighborhoods to take an active role in addressing vacant and blighted properties alongside the City's own enforcement efforts; and
WHEREAS, combining the education guide and the registration outreach campaign into a single coordinated effort will maximize the reach and effectiveness of both, reduce administrative duplication, and ensure that property owners receive consistent and comprehensive information about both their maintenance obligations and their registration requirements; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF KANSAS CITY:
Section 1. Section 1. The City Manager is hereby directed to develop a plain-language vacant property maintenance guide within 120 days of the effective date of this ordinance. Such guide shall:
(a) Consolidate, in accessible and non-technical language, the existing obligations of owners of vacant buildings and structures under Chapters 26, 48, and 56 of the Code of Ordinances, including but not limited to requirements relating to:
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.
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.
(b) Clearly describe the consequences of non-compliance, including:
(1) The fine structure applicable to violations of Chapter 56, Article VI, including court penalties and administrative citation fines as provided in Sections 56-580 and 56-581 of this code, and the escalating nature of fines for repeat or continuing violations;
(2) The semiannual fee structure applicable to chronically vacant nuisance properties, vacant commercial properties, and vacant unimproved properties as provided in Section 56-583 of this code, including the escalating fee schedule for properties that remain vacant across multiple semiannual periods;
(3) The City's authority under Chapters 48 and 56 to abate nuisance conditions and perform necessary securing or maintenance work on non-compliant vacant properties, and to recover the costs of such abatement as a lien against the property; and
(4) The availability of appeals, waivers, and financial hardship relief as provided under Article VI of Chapter 56, including the role of the Property Maintenance Appeals Board;
(c) Describe the tools available to neighborhood associations and residents to pursue independent action with respect to vacant and blighted properties, including:
(1) The nuisance action remedy available under RSMo § 82.1025, which authorizes property owners within 1,200 feet of a nuisance property, and neighborhood organizations acting on their behalf, to bring a civil action in circuit court seeking injunctive relief against the property owner, provided that written notice of intent to file has been mailed to the property owner and the city at least 60 days prior to filing; and
(2) The Missouri Abandoned Housing Act, RSMo §§ 447.620 to 447.640, which authorizes qualifying nonprofit organizations to petition the circuit court for temporary possession and, upon completion of rehabilitation, title to a vacant property that constitutes a nuisance or blight, where the property owner has failed or refused to repair the property; and
(3) Local organizations and legal resources available to assist neighborhood associations in pursuing either remedy, including Legal Aid of Western Missouri and Neighborhood Legal Support of Kansas City.
(d) Be published on a publicly accessible page of the City's website; and
(e) Be provided to all owners registering or renewing registration of vacant property pursuant to Article VI of Chapter 56 of the Code of Ordinances.
Section 2. The City Manager is hereby further directed to develop and implement a city-wide vacant property registration outreach campaign, to be known as the Registration Sprint, within 120 days of the effective date of this ordinance. The Registration Sprint shall:
(a) Notify all known and suspected vacant property owners city-wide of their registration obligations under Article VI of Chapter 56 of the Code of Ordinances, with particular emphasis on the expanded requirements enacted by Ordinance No. 260401;
(b) Incorporate and distribute the plain-language vacant property maintenance guide developed pursuant to Section 1 of this ordinance as a core component of outreach materials;
(c) Utilize multiple outreach channels to maximize reach, which may include direct mail, digital communications, community meetings, and coordination with neighborhood organizations, community development corporations, and other stakeholders; and
(d) Include outreach materials available in multiple languages consistent with the City's language access obligations.
Section 3. That the City Manager is hereby directed to allocate funding for the Vacant Property Education Campaign in the amount of $50,000 as part of the first quarter FY2026-27 budget analysis, subject to availability of funds in the Development Services Fund.
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Approved as to form:
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Bret Kassen
Associate City Attorney