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Topeka attorney presents ordinance to let courts prosecute landlords even after voluntary compliance; committee to consider in May
Summary
City legal staff presented a draft ordinance that would allow municipal prosecution of landlords for property maintenance violations even if the landlord subsequently brings a unit into compliance. The Public Health and Safety Committee agreed to place the proposed ordinance on the May agenda for consideration.
City legal staff presented a draft ordinance to the Topeka City Public Health and Safety Committee on April 16 intended to create a legal basis for continuing criminal prosecution of landlords for property maintenance code violations even after the landlord brings a unit into compliance.
The ordinance text presented to the committee includes a policy statement and an amendment to municipal practice: "a prosecutor shall not dismiss the case, solely based off voluntary compliance if the person is a landlord as defined in code," the presenting attorney said. The proposed language aims to differentiate landlords from other code respondents so prosecutors can pursue criminal misdemeanor charges and fines when landlords do…
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