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Home My WebLink About2014-05-8139795 ORDINANCE NO. 2014-5-8139 AN ORDINANCE AMENDING CHAPTER 42, ENVIRONMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby abolishes Sec. 42-46(c), Enhanced standards for Fountain Avenue Revitalization Project, of Chapter 42, Environment, of the Code of Ordinances of the City of Paducah, Kentucky, more particularly as follows: (a) Adopted. A certain document, one copy of which is on file in the office of the City Clerk of the City of Paducah, being marked and designated as "International Property Maintenance Code 2006 Edition" as published by the International Code Council, and the property maintenance code currently adopted by the City of Paducah, be and all future editions are hereby adopted for the control of buildings and structures as therein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of said International Property Maintenance Code and the property maintenance code currently adopted by the City of Paducah, are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in subsection (b) below. Violations of the provisions therein shall be deemed a nuisance enforceable by this article. (b) Additions, insertions and changes. The International Property Maintenance Code is amended and revised in the following respects: (1) Section 10 1. 1 (p.1, second line). Insert: City of Paducah. -- (2) Section 103.5 [delete section] (3) Section 104.8 A Property Maintenance Permit shall be required for the abatement of violations under any of the provision of this code. (4) Section 104.9 Prior to a valid work permit being issued to any individual or legal entity, the individual or legal entity must have no other valid work permits for properties (a) where further code enforcement is necessary or ongoing, or (b) where work has ceased or is not being completed in a workmanlike or acceptable manner so as to address the scope of the work authorized by any other valid work permits. Additionally, prior to a valid work permit being issued to any individual or legal entity, the individual or legal entity must have no other monies owed to the City of Paducah by way of back taxes, citations, liens, assessments, or other costs or charges. Whenever a valid work permit has been issued to upgrade or repair a structure on which the Code Official has served notice to make corrections or repairs required by such notice, the upgrade or repairs shall be commenced within ten days. All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to serve the results intended by the order. Any cessation of the normal construction or repairs may cause the permit to become invalid. No work permit shall be issued for a structure when the original permit has become invalid without the applicant going through the appeals process. (5) Section 111 Means of Appeal is deleted. The Means of Appeals shall be as the contest procedure, to the Nuisance Code Enforcement Board as provided in this article. (6) Section 202. Insert: September 1 thru May 31. (12) The term "Code Official," as used in the International Property Maintenance Code, shall be deemed to be, inspectors in the Fire Prevention Division and shall be charged with the administration and enforcement of this code. (13) The code enforcement section is hereby created in the Fire Prevention Division and shall be charged with the primary responsibility of enforcement of this code. (14) The board of appeals referred to in the International Property Maintenance Code shall be the Nuisance Code Enforcement Board, as set forth in this article. (e L', L.l,,, eed tetan 1. r, F u L'.,.. main Ave sue Revitalkatien Du., et in 10 1 MOM- I 796 Insert: Public Nuisance: Includes, but is not limited to, any of the following: 1. Any physical condition or occupancy of any premises or appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; 2. Any premises that has unsanitary sewerage or plumbing facilities; 3. Any premises designated as unsafe for human habitation; ._........ 4. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure so as to endanger life, limb or property; 5. Any premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; 6. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or 7. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises. (7) Section 301.4 Public Nuisance. All premises shall be kept free from public nuisances as defined in Section 202. (8) Section 302.4 Insert: 10 inches (9) 304.14 (p.10, first and second line). Insert: May 1 thru October 31. (10) Section 602.3 (p. 17, fifth line). Insert: September 1 thru May 31. (11) Section 602.4 (p. 17, third line). Insert: September 1 thru May 31. (12) The term "Code Official," as used in the International Property Maintenance Code, shall be deemed to be, inspectors in the Fire Prevention Division and shall be charged with the administration and enforcement of this code. (13) The code enforcement section is hereby created in the Fire Prevention Division and shall be charged with the primary responsibility of enforcement of this code. (14) The board of appeals referred to in the International Property Maintenance Code shall be the Nuisance Code Enforcement Board, as set forth in this article. (e L', L.l,,, eed tetan 1. r, F u L'.,.. main Ave sue Revitalkatien Du., et in 10 1 MOM- I 797 11,m: -r ig n i i. i * - n i —1- ,-i ,. _ : [ �z-or.::-r-;r�z�-n: `TF-T_ -,r. -.-_F. Teff ,-so S#ee+ the west with the ,,.,,.E1, « ..h+ .,f way line of e ff r -se A-vefme to a point at the inter-seetion of an alley half bleek west e FAunWa A-vefm+Park CivG1• ding the lots west ef the eir -eRlaf area r etm4ain A-venue,+Le r easterly eFtleftR0VVmDCIl AYYCtir to a poia4 ifi t-hea, eeflteaw- line of 13th Street, then in a souther4y diFeetion 11,m: -r ig n i i. i * - n i —1- ,-i ,. _ : [ �z-or.::-r-;r�z�-n: `TF-T_ -,r. -.-_F. Wr ATATA AT1 MUM I IN 11,m: -r ig n i i. i * - n i —1- ,-i ,. _ : [ �z-or.::-r-;r�z�-n: `TF-T_ -,r. -.-_F. 1. WMIN."Iff 11,m: -r ig n i i. i * - n i —1- ,-i ,. _ : [ �z-or.::-r-;r�z�-n: `TF-T_ -,r. -.-_F. ps E-2 slillivollillill 1111110-0, ps E-2 799 to disc ,a«na water- that a „la „,.+a„+;all., a ea+ a b.l'privateor- X11_ aeoesser-y struetwes shall b e r-egu + ,l b. +b,safne s4andafds _J All .leers and windows shall be +a;„a,l in ,l .l'+' ixccrroc iixiti=rctcmcc�argv�vcrvvnczrcxvxr 2etA dR1AS�, Jles, or- other- Glass used in arr' deer-vr W' „laEiag a „,l used shall b e fes a„.l „ „+a,l All ; + shall b1Kl�u1� Vvailyv” , be tight. r-. All ` 4er-iel suff ees 1 „ K11'• ;„ ;„+ as pr-etee4ive b. b. a+;„ shall V�111�' t/Kl painted an ,aly „a,„+oil suffkees + b + it an KVs�l thet,aally pleasingv . 11 Dr sl. „+0 «f:, a shall Kll b e elea„a.l port ail n a „lke prior- to r „+,„...,f a„., ,,., V1VK11V.1, �V:�.NV.1, Y:' , ^ eerm enee-Ef aff paifAiag-9n said sur-fae . Exterior- + ,l L,11f f ab,all h of t ats l f eMefieF .l finish .,.,.11,,.vv.,.,�...�............,.1111111u1K111 vi �r.V VVaxw s- No chipping, peeling, ”: flaking t”'„+ aball b 11 l, Painted. a„rfn..oa +b,a+ exhibit maid, spores, or- „+b, ,l' 1 +'ons 1, it b. treated to remove same shall be , „laao.l All eK4e .;.,,. ,.hys aal o t sueh as f l 11 retaining walls, fountains, gar -den �+ief Pra„Aer�, ngTand other- J111111K1 W.VVVIK{.lYV 111JT allations sh-all be maintained in -a ele ;11 and neat m ,• fiFee of any lot at th Rellls such as 11JJ1 b fµstefielJ, +u1t;„ , leaning fop a", + , railsfast or- diseelara4io of mater-ials, hca'b iag Goner-ete, mis i - bricks, missing fenese, wall E)r .gook a + , .1 11 sueh like ;tomo shall be r-eplaao.l (d) Savings clause. Nothing in this section or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection (b) above; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section. (e) Conflicts. If any conflicts exist between the International Property Maintenance Code and the Kentucky Building Code, the Kentucky Building Code shall take precedence and control over all such matters. (f) Collection of costs incurred by city. The city shall be entitled to recover from any responsible party or parties all reasonable attorney fees and other costs and expenses incurred by the city by reason of the collection upon and the enforcement of the responsible party's or parties' liability, and the lien which secures same, under the International Property Maintenance Code as adopted by the city or under KRS 82.720. SECTION 2. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424.