HomeMy WebLinkAbout2016-06-8374194376
CITY OF PADUCAH
ORDINANCE NO.2016-06-8374
AN ORDINANCE AMENDING CHAPTER 42,
ARTICLE II "NUISANCE CODE
ENFORCEMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, this Ordinance amends Chapter 42, Article II, "Nuisance Code
Enforcement," of the Code of Ordinances of the City of Paducah, Kentucky; and
WHEREAS, this Ordinance is being enacted... .
NOW THEREFORE be it ordained by the City Commission of the City of Paducah as
follows:
SECTION 1. That Section 42-32, "Definitions," is hereby amended and restated to read as
follows:
Sec. 42-32. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abatement costs shall mean the city's costs for and associated with cleaning, preventing
unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any
other action with regard to a structure or premises to maintain and preserve public health, safety,
and welfare in accordance with the city's nuisance code pertaining to the condition of and
maintenance of structures or premises, adopted pursuant to KRS 82.700 to 82.725.
Demolition by nezlect shall mean erteallows a stfue4
Neglect in maintaining,
repairing, or securing a building or structure that could result in substantial deterioration of an
exterior feature of the structure or the loss of the structural integrity of the building or structure
or that may adversely affect adjacent structures or the character of the area.
Nuisance Code Enforcement Board shall mean an administrative body created and acting
under the authority of the KRS 82.700 et seq.
Nuisance Code Enforcement Officer shall mean all city citation officers as defined
in section 2-591 of article VII of chapter 2 of the Paducah Code of Ordinances.
Nuisance code shall mean any ordinances adopted by the city in chapter 42, article II herein
pursuant to KRS 82.705 or subsequently adopted.
Person shall mean any person, individual, firm, partnership, association, corporation,
company or organization of any kind.
Premises or property shall mean a lot, plot, or parcel of land, including any structures upon
it.
Remedy shall mean the action taken to abate any nuisance to bring property in violation of
the nuisance code into compliance with the requirements of this chapter.
SECTION 2. That Section 42-39, "Powers of the Nuisance Code Enforcement Board," is
hereby amended and restated to read as follows:
Sec. 42-39. - Powers of the Nuisance Code Enforcement Board.
The City of Paducah Nuisance Code Enforcement Board shall have the following powers
and duties over all matters contained within this article:
(a) To adopt rules and regulations to govern its operations and the conduct of its
hearings.
(b) To subpoena witnesses.
(c) To conduct hearings to determine if there has been a violation of the nuisance code.
(d) To take testimony under oath. The chairman shall have the authority to administer
oaths for the purpose of taking testimony.
(e) To make findings of fact and issue orders necessary to remedy any violation of the
nuisance code or code provision which the board is authorized to enforce.
(f) To impose fines, as authorized, on any person found to have violated the nuisance
code.
(g) To order liens to be fled for the collection of fines, charges, costs, penalties, and
fees, including attorney's fees.
(h) To conduct hearings to consider appeals from the determination of the Deputy
Chief/Fire Marshall of the Fire Prevention Division as to the suspension,
revocation, or denial of a rental occupancy permit in accordance with Section 42-
41.5.
(i) To conduct hearings to determine if a property owner has allowed a property to
become condemned and result in inguf viol tiq*&A2y demolition by neglect.
• �� _. . • •
SECTION 3. That Section 42-40, "Enforcement hearing," is hereby amended and restated to
read as follows:
Sec. 42-40. - Enforcement hearing.
The following requirements shall govern all enforcement hearings before the board:
(a) If the alleged violator desires to contest the citation, he or she may initiate a hearing
before the Nuisance Code Enforcement Board after a citation is issued by a Nuisance
Code Enforcement Officer.
(b) Except as provided in subsection (c) below, if a Nuisance Code Enforcement Officer
believes, based on his personal observation or investigation, that a person has
violated the nuisance code, he shall issue a notice of violation to the offender
allowing the offender five three days to remedy the violation without fine and advise
the offender that the violations may be referred to the county attorney or the
commonwealth attorney for criminal prosecution. The offender may be allowed a
reasonable extension of time to remedy the violation without fine at the discretion of
the Nuisance Code Enforcement Officer, if requested by the offender.
1. The notice of violation shall be reasonably calculated to inform the offender of
the nature of the violation, and may be in the form of aosp tc Lrddeef4mngff for
properties with dwelling or structures or in the form of a posted sign for vacant
lots.
(c) If the offender fails or refuses to remedy the violation within the time allotted by the
Nuisance Code Enforcement Officer, the Nuisance Code Enforcement Officer is
authorized to issue a citation. The citation shall represent a determination by the
Nuisance Code Enforcement Officer that a violation has been committed, and that
determination shall be final unless contested by the alleged violator and taken before
the Nuisance Code Enforcement Board.
(d) Nothing in this article shall prohibit the city from taking immediate action to remedy
a violation of its ordinances when there is reason to believe that the violation
presents a serious threat to the public health, safety, and welfare, or if in the absence
of immediate action, the effects of the violation will be irreparable or irreversible.
(e) The citation issued by the Nuisance Code Enforcement Officer shall contain the
following information:
1. The date and time of issuance;
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2. The name and address of the person to whom the citation is issued;
3. The date and time the offense was committed;
4. The facts constituting the offense;
5. The section of the code or the number of the ordinance violated;
6. The name of the Nuisance Code Enforcement Officer;
7. The fine that will be imposed for the violation if the person does not contest the
citation;
8. The maximum fine that may be imposed if the person elects to contest the
citation;
9. The procedure for the person to follow in order to pay the fine or to contest the
citation;
10. A statement that if the person fails to pay the fine set forth in the citation or
contest the citation, within the time allowed, the person shall be deemed to have
waived the right to a hearing before the Nuisance Code Enforcement Board to
contest the citation and that the determination that the violation was committed
shall be final; and
11. Notice that a lien may be filed or foreclosure proceedings initiated to collect
fines, charges, costs, penalties, and fees, including attorney's fees.
12. Notice that violation may be referred to the county attorney or commonwealth
attorney for criminal prosecution.
(f) Upon receipt of a citation, the offender shall respond to the citation within five days
of the date of receipt by either paying the fine or requesting, in writing, a hearing
before the Nuisance Code Enforcement Board to contest the citation. If the offender
responds by paying the fine, the offender shall still be required to remedy the
violation and will be given a reasonable time to remedy. If the offender fails to
remedy the violation, another Notice of Violation may be issued, in accordance with
- subsection (b) above, for another violation of the nuisance code. If the person fails to
respond to the citation within five days, the person shall be deemed to have waived
the right to a hearing and the determination that a violation was committed shall be
considered final.
(g) If the offender does not contest the citation within the time prescribed, the Nuisance
Code Enforcement Officer issuing the citation shall enter a final order determining
that the violation was committed, no contest was initiated, and then cause the
nuisance to be abated and/or impose the fine set forth in the citation. If the offender
does not remedy in the time provided, another notice of violation may be issued, in
accordance with subsection (b) above, for another violation of the nuisance code. A
copy of the final order shall be served on the offender.
• �� _. . • •
SECTION 4. That Section 42-41, "Enforcement hearing; notice; and final order," is hereby
amended and restated to read as follows:
Sec. 42-41. - Enforcement hearing; notice; and final order.
(a) When a hearing has been requested, the Code Enforcement Board shall schedule a
hearing. The board shall hold hearings once a month.
(b) Not less than seven.days before the date of the hearing, the Nuisance Code
Enforcement Board shall notify the requester of the date, time, and place of the
hearing. The notice may be given by certified mail, return receipt requested; by
personal delivery; or by leaving the notice at the person's usual place of residence
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with any individual residing therein who is 18 years of age or older and who is
informed of the contents of the notice.
(c) Any person requesting a hearing before the Nuisance Code Enforcement Board
who fails to appear at the time and place set for the hearing shall be deemed to
have waived the right to a hearing to contest the citation and a determination that a
violation was committed shall be entered and become final. The Nuisance Code
Enforcement Board shall enter a final order determining the violation was
committed and shall cause the nuisance to be abated and/or impose the fine set
forth in the citation. The final order shall provide the offender a reasonable time to
remedy the violation. If the offender does not remedy in the time provided,
another notice of violation may be issued, in accordance with section 42-40(b), for
another violation of the nuisance code. A copy of the final order shall be served
upon the offender.
(d) All testimony may sha4l be taken under oath and m� recorded by audio, video,
or stenographic means. Testimony shall be taken from the Nuisance Code
Enforcement Officer, the alleged violator, and any witnesses to the violation
offered by the Nuisance Code Enforcement Officer or alleged violator. Formal
rules of evidence shall not apply, but fundamental due process shall be observed
and shall govern the proceedings.
(e) The Nuisance Code Enforcement Board shall, based on the evidence, determine
whether a violation was committed. In making its determination, the Nuisance
Code Enforcement Board shall use an arbitrary and capricious standard and shall
uphold the citation unless the issuance of the citation was clearly erroneous. The
Nuisance Code Enforcement Board shall uphold the citation if pictorial or
photographic evidence supporting the citation is provided by the Nuisance Code
Enforcement Officer. If no pictorial or photographic evidence is provided and the
board determines that no violation was committed, an order dismissing the citation
shall be entered. If pictorial or photographic evidence is provided or if no such --
evidence is provided and the board still determines that a violation was
committed, an order shall be issued upholding the citation and either imposing a
fine up to the maximum authorized by this or other ordinance or requiring the
offender to remedy a continuing violation, or both. The Nuisance Code
Enforcement Board may determine that the violations and the real property owner
should be referred to the county attorney or commonwealth attorney for criminal
prosecution.
(1) The final order shall provide the offender a reasonable time, not to exceed ten
days, to remedy the violation. If the offender does not remedy in the time
provided in the final order, another notice of violation may be issued, in
accordance with subsection 42-40(b), for another violation of the nuisance
code.
(f) Every final order of the Nuisance Code Enforcement Board shall be reduced to
writing, which shall include the date the order was issued. A copy shall be
furnished to the person named in the citation. If the person named in the citation is
not present when the final order is issued, the order shall be delivered in
accordance with the procedures set forth in subsection (b) above.
(g) The Nuisance Code Enforcement Officer, at his discretion, may remedy the
violation to bring the property into compliance with the Nuisance Code if the
citation is not contested or if a final order upholding the citation is entered by the
Nuisance Code Enforcement Board.
SECTION 5. That Section 42-44, "Lien; fines, charges, abatement costs, fees, penalties,
attorney fees and costs," is hereby amended and restated to read as follows:
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Sec. 42-44. - Lien; fines, charges, abatement costs, fees, penalties, attorney fees and
costs.
(a) The city shall possess a lien on the property finally determined to be in violation
of the nuisance code for all fines assessed for the violation and for all charges,
costs, penalties, abatement costs, and fees, including without limitation attorney's
fees and a $15.00 $25.00 administration fee, incurred by the city in connection
with the enforcement of the nuisance code. The lien shall bear interest at the rate
W of four percent per annum until paid.
(b) A notice of the lien may be recorded in the office of the county clerk.
(c) Pursuant to KRS 82.720, the lien shall be superior to and have priority over all
other liens on the property, except state, county, school board, and city taxes, and
may be enforced by judicial proceedings.
(d) In addition to the remedy prescribed in subsection (a), the owner or owners of the
property at the time the violation occurred shall be personally liable for the
amount of all fines assessed for the violation and for all charges, costs, penalties,
abatement costs, and fees, including without limitation attorney's fees and a
$25.00 administration fee, incurred by the city in connection with the enforcement
of the nuisance code. The aforesaid amount shall bear interest at the rate of four
percent per annum until paid. The city may bring a civil action against the
responsible owner or owners and shall have the same remedies as provided for the
recovery of a debt.
(e) The city shall be entitled to recover from the responsible owner or owners all
attorney fees and others costs incurred by the city by reason of the collection upon
and enforcement of the responsible owner's or owners' liability hereunder and the
lien which secures the same.
(f) Upon payment, determination of the Nuisance Code Enforcement Board or Court
order, the city shall be authorized to release any lien filed hereunder and recorded
in the Office of the County Clerk.
<�) The provisions of this article shall be enforced in the same manner as other
violations of this Code. Any person violating any of the provisions of this article
shall be deemed guilty of a Class B misdemeanor, and upon conviction thereof,
shall receive a fine not to exceed $250.00 or a jail sentence not to exceed 90 days
for each offense. Each day that such violation continues shall constitute a separate
offense. This article and the foregoing penalties shall not be construed to limit or
deny the right of the city or any person to such equitable legal remedies as maybe
available by law.
SECTION 6. SEVERABILITY. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 7. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission and of its committees, if any, which resulted in formal action, were in meetings
open to the public, in full compliance with applicable legal requirements.
SECTION 8. CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
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SECTION 9. EFFECTIVE DATE. This Ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, June 7, 2016
Adopted by the Board of Commissioners, June 14, 2016
Recorded by Tammara S. Sanderson, City Clerk, June 14, 2016
Published by The Paducah Sun, June 17, 2016
\ord\insp\42-demolition by neglect
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