Topeka city attorney says LLC ordinance increased compliance; council hears enforcement outcomes and options

The Public Health & Safety Committee on Wednesday reviewed results from the city’s LLC ordinance and discussed enforcement options aimed at producing faster compliance by property owners.

City Attorney Amanda Stanley described the problem the ordinance sought to solve: municipal court had limited leverage when businesses or LLCs failed to appear for code-related misdemeanor charges because a business cannot be arrested in the way an individual can. She said the ordinance adopted in 2023 established show-cause procedures permitting the court to try certain defendants in their absence after adequate notice.

Stanley said since the LLC ordinance took effect, the city has filed 417 cases against LLCs, obtained 36 default judgments, and seen 220 cases resolved by correction of violations. She said 21 cases were dismissed for other reasons and the city currently has about 40 open cases, many of which are in active remediation or involve complex issues such as pending evictions, remodeling or transfer of ownership. Stanley said the approach has been “extremely successful in its goal” of getting businesses to respond and achieve compliance.

Judge and staff reported financial returns from enforcement. Committee members were told the LLC ordinance has produced $157,349 in fines and fees to date.

City attorney and staff also discussed options beyond the existing ordinance. Stanley noted the municipality could craft a separate ordinance to preserve prosecution after voluntary compliance for certain categories — for example, landlords or income-producing properties — so repeat offenders could be prosecuted regardless of subsequent abatement. She explained that the administration and prosecutors prefer clear, easily enforceable classifications such as “landlord” or “income-producing property” rather than a measure based solely on the number of prior cases because owners often use multiple LLCs.

Staff discussed alternatives for tenant relief and administrative remedies. The committee heard that Kansas law does not permit tenants to withhold rent in escrow for repairs; city staff noted one Kansas city (Manhattan) retains an escrow ordinance that has not been used in decades. Staff described other paths: rent offsets negotiated by property owners, tenant counterclaims in eviction court, class-action suits by private counsel and federal or state oversight where applicable.

Why it matters: committee members said the LLC ordinance filled a real enforcement gap at the municipal court level. Members discussed whether further ordinances or escalated administrative fees could better prevent repeated noncompliance while ensuring due process and avoiding selective prosecution.

Ending: Staff offered to continue drafting options for the committee’s review, including possible landlord-specific language or administrative-fee adjustments, and to return with recommendations.