The Property Maintenance Appeals Board (PMAB) is the administrative hearing board that is established by ordinance to hear appeals from individuals who own property in Kansas City, Mo., and have been sent a notice for property maintenance code and certain nuisance code violations. PMAB also hears appeals from those whose applications for a tow and storage fee refund has been denied. The Board is appointed by the mayor for a term of four years and consists of members who are not employees of the City. The director of the Neighborhoods and Housing Services Department or their designated representative shall act as secretary of the board.
Appeals from any order, request, decision or determination of the City made in pursuance of Chapter 14, Section 14-4 (Special Exception to Keeping of Livestock), Chapter 48 (any person served with an Order to Remove Nuisances), or Chapter 56 (any person served with a Notice and Order), or Section 70-644 (Procedure for request for refund of tow and storage fees) shall have the right to appeal to the Property Maintenance Appeals Board.
The Neighborhood Preservation Division (NPD) shall accept PMAB appeal applications that meet the following conditions:
- All appeals must be filed within 10 calendar days from the date on the notice that is being appealed (found in the top right of the notice).
- The completed appeal application must include the appellant’s telephone number and current mailing address.
- Every application for an appeal to the board must be accompanied by a non-refundable filing fee in the amount of $50 payable to the city treasurer.
After an application for an appeal is accepted, the appellant will be notified in writing as confirmation that their appeal application was accepted and will include the date they are scheduled to appear before the PMAB. Property Maintenance Appeals Board Hearings are scheduled for the second Thursday of each month, at 9:30 a.m., in the Council Dining Room, 8th floor City Hall, 414 E. 12th St., Kansas City, MO.
If the appellant or their agent fails to appear before the board at the hearing, the case may be continued until the next meeting or may be heard and acted upon at the scheduled time as set forth above. However, if the appellant was previously notified of a previous hearing and they failed to appear at the first hearing, the appeal will be dismissed and the case will be returned to the city for enforcement.
If the appellant wishes to request a continuance of the appeal before the Property Maintenance Appeal Board, they or their designated agent acting on their behalf must submit a request for continuance in writing, certifying that the facts stated are true and correct and that the request is not made for the purpose of vexation or delay, but in good faith. This request must be submitted to the attention of the division manager of Neighborhood Preservation no later than two days before the hearing. The board may grant the request and continue the case until the next meeting, or may deny it, hear the case, and act upon the case at the scheduled hearing without the appellant being present.
On the scheduled date for the PMAB hearing, if there is a quorum of board members present the hearing will go forward as scheduled. If there is not a quorum present, the cases on that day’s agenda will be continued to the next scheduled hearing date.
If there is a quorum of board members present the chairperson for the board will call out each appeal by its number and the address of the property involved. The city representative on the case and the person who appealed will come forward and be sworn in before the board by a City Attorney.
The City will offer its evidence first. If the city representative has any photographs, notices or other documents to offer into evidence, the chairperson will ask for the documents to be given to the court reporter for marking before testifying. The representative will present the City’s case through their testimony and any documents they have to offer as evidence. As the representative presents the City’s case they will tell the board when the legal notice letter was issued and what violations were cited in the notice. If they offer any documents or photographs into evidence, they will refer to them by the exhibit number the court reporter marked on them. If photographs are entered as evidence, they will tell the board who took the photograph, the date the photograph was taken and what violation is depicted in that photograph. Before handing any photograph or other document to the board, the representative will show it to the person who has appealed.
After the city representative is finished testifying, the person who has appealed may ask the city representative questions about what was said or about the documents that were offered. After this cross-examination is complete, the board members may ask questions of the city representative.
Then, if the city representative has any other witnesses to be called as part of the City’s case, they will tell the board who they are and the chairperson will call them one by one. An opportunity to question each additional witness will be given to the person who has appealed to the board.
After the City has finished, the person who has appealed will then present his or her case. Same rules that were described above for the city representative will apply to the presentation of the evidence by the person appealing.
If either side objects to a part of a person’s testimony being heard by the board or a photograph or document being seen by the board, tell the chairperson and tell them why you object. The chairperson will then rule on the objection. Sometimes before ruling, the chairperson may ask the City Attorney for advice.
A special note to the person appealing: In the presentation of your case tell the board why you appealed. If you think a condition cited as a violation does not exist or exists but does not violate the City’s code, tell them that. If you simply want more time to make the necessary repairs, tell the board how much time you think you need and why you believe you deserve more time. After all the evidence is heard, the board will then discuss the case and make a decision.
For any decision of the PMAB upon an order or action taken, the method of judicial review shall be a duly verified petition for writ of certiorari presented to the circuit court of the county in which the petitioner resides, or of the county where the property affected by such decision is located. Such petition shall be filed with the court within 30 days after the filing of the board’s decision in the office of the director. The allowance of the writ shall not stay the effect of the decision appealed from, but the court may, upon timely application and due notice to the board, for due cause shown, grant a restraining order.