HomeMy WebLinkAbout2016-12-8463200093
ORDINANCE NO. 2016-12-8463
AN ORDINANCE COMPLETELY REPEALING CHAPTER
42, SECTIONS 1 THRU 100, THE NUISANCE CODE AND
RELATED ORDINANCES AND REPLACING THEM IN
THEIR ENTIRETY WITH A CODE ENFORCEMENT
BOARD AND RELATED ORDINANCES, THUS REVISING
CHAPTER 42, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY
WHEREAS, the City of Paducah has operated under the Kentucky Nuisance
Code Enforcement Act to protect, promote, and improve the health, safety, and welfare of
the citizens residing within the City of Paducah; and
WHEREAS, the Kentucky General Assembly passed HB 422 in 2016, which
abolishes and phases out the Kentucky Nuisance Code Enforcement Act as of January 1,
2017 in favor of a Code Enforcement Board structure; and
WHEREAS, by authorizing the creation of a code enforcement board as
authorized by KRS 65.8801 et seq. with the authority to protect, promote, and improve
the health, safety, and welfare of the citizens residing within the City of Paducah and
having the authority to issue remedial orders, impose civil fines and refer for criminal
prosecution in order to provide an equitable, expeditious, effective and inexpensive
method of ensuring compliance with the ordinances adopted herein and in force within
the City;
WHEREAS, the City Commission of the City of Paducah, Kentucky, desires to
utilize the authority granted in KRS 65.8801 et seq. by creating a City of Paducah Code
Enforcement Board and enacting certain ordinances pursuant to KRS 65.8801; and
WHEREAS, this Ordinance will revise Chapter 42, sections 1 thru 100, of the
City of Paducah Code of Ordinances in its entirety as written and replace same;
NOW THEREFORE be it ordained by the City Commission of the City of
Paducah as follows:
SECTION A. REPEAL: Upon the effective date, the current sections of
Chapter 42, section 1 thru 100, are hereby repealed in their entirety, and
replaced as described below.
SECTION B. REPLACEMENT: Upon the effective date, the section 1
thru 100 of Chapter 42 of the City of Paducah Code of Ordinances are
replaced as follows:
Article I. SECTIONS 42-1 through 42-30 are hereby reserved.
Article II. SECTION 42-31. Title of article. This article shall be known and
may be cited as the "Code Enforcement Board Ordinance."
SECTION 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 may mean a city's necessary and reasonable costs for and
associated with clearing, 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 necessary to remedy a violation and to maintain and preserve the public health,
safety and welfare in accordance with any city ordinance.
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Citation shall mean a determination by the Code Enforcement Officer that a
violation has been committed, and that determination shall be final, unless properly
contested.
Code Enforcement Board shall mean the administrative body created herein and
acting under the authority of the Local Government Code Enforcement Board Act, KRS
65.8801 to 65.8839.
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.
Code shall mean any ordinances adopted by the city in chapter 42, articles I, II
and/or III herein.
Final Order means any order: Issued by the code enforcement board in accordance
with this ordinance that is not appealed; Created because a violator neither paid nor
contested the citation as provided in this ordinance; Or created because a violator failed to
appear at a hearing the violator requested to contest the citation as provided in this ordinance.
Imminent Danger means a condition which is likely to cause serious or life-
threatening injury or death at any time.
Owner means a person, association, corporation, partnership or other legal entity
having a legal or equitable title in real property.
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.
Sec. 42-33. - Creation and membership.
There is hereby created pursuant to KRS 65.8801 to KRS 65.88839 within the
city, a City of Paducah Code Enforcement Board which shall be composed of five
member(s), all of whom shall be residents and registered voters of the city for a period of
at least one year prior to the creation of the board and shall reside there throughout the
term in office.
Sec. 42-34. - General powers.
(a) The Code Enforcement Officer shall have the power to issue citations for
violations of the code. Such citation shall be a final determination unless contested
pursuant to the hearing procedures provided under section 42-40.
(b) The Code Enforcement Board shall have the power to conduct hearings,
issue remedial and final orders and impose fines upon a final determination as a method
of enforcing the nuisance code when a violation of the code has been determined by the
Code Enforcement Officer and a contest to the board has been initiated.
(c) The Code Enforcement Board shall have the authority to conduct hearings
and make determinations regarding all nuisance code violations, but shall not have the J,
authority to conduct hearings and make determinations regarding violations of article IV -
Noise of chapter 42 of the Paducah Code of Ordinances or violations of buildings and
buildings regulations in chapter 18 of the Paducah Code of Ordinances.
(d) The Code Enforcement Board shall have the authority to conduct hearings
and make determinations regarding appeals from the decision of the Deputy Chief/Fire
Marshall of the Fire Prevention Division as to a rental occupancy permit set forth in
section 42-41.5.
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Sec. 42-35 - Appointment of members; term of office; removal from office.
(a) Members of the Code Enforcement Board shall be residents and registered
voters of the city for a period of at least one year prior to joining the board and shall
reside there throughout the term in office and shall be appointed by the Mayor of the City
of Paducah, subject to the approval by the Paducah City Commission.
(b) The initial appointment to a five -member Code Enforcement Board shall
be as follows:
(1) Two members appointed to a one-year term.
(2) Two members appointed to a two-year term.
(3) One member appointed to a three-year term.
All subsequent appointments shall be for a term of three years. A member may be
reappointed by the Mayor, subject to approval by the Paducah City Commission.
(c) The Mayor may appoint, subject to the approval of the legislative body,
one alternate member to serve on the Code Enforcement Board in the absence of regular
member(s).
(d) Any vacancy on the board shall be filled by the Mayor, subject to approval
of the Paducah City Commission within 30 days of the vacancy. If the vacancy is not
filled within that time period, the Paducah City Commission shall fill the vacancy.
(e) A code board member may be removed from office by the Mayor for
absenteeism or inability to meet, misconduct, inefficiency, or willful neglect of duty. The
Mayor must submit a written statement to the member and the Paducah City Commission
setting forth the reasons for removal, but removal shall not be subject to approval of the
Paducah City Commission.
Sec. 42-36. - Organization of board; meetings; quorum; and minutes
(a) If the board consists of five members, it shall annually elect a chair from
among its members. The Chairman shall be the presiding officer and a full voting
member of the board.
(b) Regular meetings of the Code Enforcement Board shall be held monthly
on a date to be set by the board. Meetings other than those regularly scheduled shall be
special meetings held in accordance with the requirements of the Kentucky Open
Meetings Act, and the board may adopt a procedure for special meetings, if necessary.
(c) All meetings and hearings of the Code Enforcement Board shall be held in
accordance with the requirements of KRS 65.8801 et seq., Roberts Rules of Order, the
Kentucky Open Meetings Act, and the Kentucky Open Records Act.
(d) A majority of the members of the Code Enforcement Board shall
constitute a quorum for all purposes. A decision reached by a quorum of the Code
Enforcement Board present at a properly called meeting shall constitute a decision of the
entire Board.
(e) Minutes shall be kept for all proceedings of the Code Enforcement Board
and the vote of each member on any issue decided by the board shall be recorded in the
minutes.
Sec. 42-37. - Conflict of interest.
Any member of the Code Enforcement Board who has any direct or indirect
financial or personal interest in any matter to be decided, shall disclose the nature of the
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interest and shall disqualify himself from voting on the matter in which he has an interest
and shall not be counted for purposes of establishing a quorum.
Sec. 42-38. - Jurisdiction.
The Code Enforcement Officer and Code Enforcement Board shall have
jurisdiction to enforce and shall enforce those city ordinances and code provisions which
specifically designated to the Code Board enforcement.
Sec. 42-39. - Powers of the Code Enforcement Board.
The City of Paducah 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 and to allow code enforcement officers to serve
subpoenas.
(c) To conduct hearings to determine if there has been a violation of the 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 remedial or final orders necessary to
remedy any violation of the code or code provision which the board is authorized to
enforce.
(f) To impose fines, as authorized, on any person found to have been in
violation.
(g) To order liens to be filed 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.
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 Code Enforcement Board after a citation is issued by a Code
Enforcement Officer.
(b) Except as provided in subsection (c) below, if a Code Enforcement Officer
believes, based on his personal observation or investigation, that a person has violated the
code, he shall issue a notice of violation to the offender allowing the offender five (5)
business days to remedy the violation without fine. The offender may be allowed a
reasonable extension of time to remedy the violation without fine at the discretion of the
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 a posted sign notice on
or near the door, if unsafe conditions exist for a property with a dwelling or structure, or
in the form of a posted sign for vacant lots.
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(c) If the offender fails or refuses to remedy the violation within the time
allotted by the Code Enforcement Officer, the Code Enforcement Officer is authorized to
issue a citation. The citation shall represent a determination by the 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 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, or if other
specific circumstances merit immediate abatement.
(e) The citation issued by the Code Enforcement Officer shall contain the
following information:
1. The date and time of issuance;
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 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
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.
(f) Upon receipt of a citation, the offender shall respond to the citation within
seven business days of the date of receipt by either paying the fine or requesting, in
writing, a hearing before the 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 seven 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
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 violation 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.
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 may hold hearings once a month or more frequently as
necessary or needed.
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(b) Not less than seven days before the date of the hearing, the Code
Enforcement Board shall notify the requester of the date, time, and place of the hearing.
The notice may be given by standard U.S. mail; certified mail, return receipt requested;
by personal delivery; or by leaving the notice at the person's usual place of residence with
any individual residing therein who is 18 years of age or older.
(c) Any person requesting a hearing before the 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 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 code. A copy of the final order shall be served upon the
offender.
(d) All testimony shall be taken under oath and recorded. Testimony shall be
taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the
violation offered by the 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 Code Enforcement Board shall, based on the evidence, determine
whether a violation was committed. In making its determination, the 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 Code Enforcement Board shall
uphold the citation if pictorial or photographic evidence supporting the citation is
provided by the 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.
(1) The final order shall provide the offender a reasonable time 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 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 herein.
(g) The Code Enforcement Officer, at his discretion, may remedy the violation
to bring the property into compliance with the Code, if the citation is not contested or if a
final order upholding the citation is entered by the Code Enforcement Board.
(h) Nothing in this Section shall prohibit the city from taking immediate
action in an urgent situation, if necessary, as determined by the Fire Chief or the City
Manager.
Sec. 42-41.5. - Rental occupancy permit appeals.
In the event a landlord wishes to appeal the determination of the Code
Enforcement Officer as to the suspension, revocation, or denial of a rental occupancy
permit, the appeal shall be taken before the Code Enforcement Board in accordance with
the following provisions:
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(a) Upon receipt of an appeal from a landlord, the Code Enforcement Board
shall schedule a hearing. The Board shall hold hearings once a month. All parties to the
appeal shall be notified of the time and place of the hearing by letter mailed by certified
mail, no later than seven days prior to the date of hearing. The Board shall render a
decision within five working days after the hearing.
(b) At the hearing, the Code Enforcement Board shall hear all relevant
evidence and argument. The Board may admit and give probative effect to evidence
which possesses probative value commonly accepted in administrative hearings.
(c) The issue to be determined by the Code Enforcement Board shall be
whether the Code Enforcement Officer's determination of suspension, revocation or
denial is based upon a preponderance of the evidence submitted. The Code Enforcement
Board may affirm, modify, or reverse the action of the Code Enforcement Officer. The
final decision of the Board shall be mailed to the landlord.
(d) A notice to tenants of the final decision of the Code Enforcement Board
shall be mailed to each tenant and prominently posed on the building. If applicable, the
notice shall indicate the date upon which the tenants must vacate the building and shall
clearly indicate which rental dwelling units are affected.
(e) Any appeal properly taken under this section shall suspend the
enforcement of the Code Enforcement Officer's determination, unless the Code
Enforcement Officer's determination finds the landlord's noncompliance to be life
threatening.
Sec. 42-42. - Appeals; final judgment.
(a) An appeal from any final written order of the Code Enforcement Board
may be made to the McCracken County District Court within 30 days of the date the
order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the
Code Enforcement Board's final order in the same manner as any civil action under the
Kentucky Rules of Civil Procedure.
(b) The action before the District Court shall be limited to a review of the
record created before the Code Enforcement Board. If the court finds that a violation
occurred, the offender shall be ordered to remedy the violation and pay to the city all
fines, charges, fees, including attorney's fees, and penalties occurring as of the date of the
judgment. The district court judge 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 subsection 42-40(b), for another violation of
the nuisance code. If the district court judge fails to provide the offender with time to
remedy the violation, the offender shall have the time provided in the final order of the
Code Enforcement Board to remedy the violation. If the court finds a violation did not
occur, the city shall be ordered to dismiss the notice. The offender shall not be entitled to
recover attorney's fees or costs.
(c) If no appeal from a final order of the Code Enforcement Board is filed
within the time period set in subsection (a) above, the Code Enforcement Board's order
shall be deemed final for all purposes.
Sec. 42-43. - Ordinance fine schedule.
Violations of ordinances that are enforced by the Code Enforcement Board shall
be subject to the following schedule of civil fines:
(a) If a citation for a violation of the nuisance code is not contested by the
person charged with the violation, the penalties set forth in this subsection may apply per
inspection: If the code enforcement officer is required to make inspections beyond the
initial inspection and one additional follow-up inspection, to determine if the required
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corrections have been made, then the Code Enforcement Board shall assess the following
fines not to exceed the value of the property as determined by the Property Valuation
Administrator:
(b) If the citation is contested and a hearing before the Code Enforcement
Board is required, the following maximum penalties may be imposed at the discretion of
the board per inspection not to exceed the value of the property as recorded by the
Property Valuation Administrator:
Inspections
3rd Inspection
Inspections
and All
Subsequent
Inspections
Abandoned Vehicles and Appliances, Grass, Weeds, Litter, Solid Waste,
$100.00
Other Nuisances Defined By 42-50(a)(1-7)
$250.00
(b) If the citation is contested and a hearing before the Code Enforcement
Board is required, the following maximum penalties may be imposed at the discretion of
the board per inspection not to exceed the value of the property as recorded by the
Property Valuation Administrator:
Inspections
3rd
4th
5th Inspection and All
Inspection
Inspection
Subsequent Inspections
Property
$250.00
$350.00
$500.00
Maintenance
Sec. 42-44. - Lien; fines, charges, abatement costs, fees, penalties, attorney
fees and costs.
(a) The city shall possess a lien on the property owned by the person found by
a non -appealable final order, or by a final judgment of the court, to have committed a
violation of the 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
$30.00 administration fee, incurred by the city in connection with the enforcement of the
code. The lien shall bear interest at the rate of four percent per annum until paid. An
affidavit of the code enforcement officer shall constitute prima facie evidence of the
amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to KRS
65.8839.
(b) A notice of the lien may be recorded in the office of the county clerk. The
lien shall be notice to all persons from the time of its recording and shall bear interest
until paid. The lien shall continue for ten (10) years following the date of the
nonappealable final order or final court judgment.
(c) Subject to section 42-45(i), the lien shall take precedence over all other
liens, except state, county, school board and city taxes, and may be enforced by judicial
proceedings, including a foreclosure action.
(d) In addition to the remedy prescribed in subsection (a), the person found to
have committed the violation 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 $30.00 administration fee, incurred by
the city in connection with the enforcement of the 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.
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(f) Upon payment, determination of the 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.
Sec. 42-45. — Lienholder Notification System and Liens.
The city shall obtain and maintain priority over previously filed liens, in
accordance with the following provisions:
(a) Individuals and entities, including but not limited to lienholders, may
register with the city to receive electronic notification of final orders or liens entered
pursuant to this ordinance.
(b) In order to receive the notification, the registrant shall submit the
following information to the code enforcement staff:
1.
Name;
2.
Contact Person;
3.
Mailing address;
4.
Physical address;
5.
Phone number; and
6.
Electronic mailing address.
(c) A registrant may use the email link or electronic form provided on the city
Web site to submit the information required. It shall be the responsibility of the registrant
to maintain and update the required contact information with the city at least annually and
to update as needed.
(d) Once every ten (10) days, the city may send electronic mail notification of
all final orders entered pursuant to this ordinance since the last date of notification to each
parry registered. The notification shall provide an electronic link to the city code
enforcement database located on the city Web site. The database shall include the
following information regarding each final order:
1. The name of the person charged with a violation;
2. The physical address of the premises where the violation occurred;
3. The last known mailing address for the owner of the premises
where the violation occurred;
4. A copy of a specific description of the citation;
5. A copy of the findings of the final order, including penalties; and
6. The status of the final order regarding its ability to be appealed
pursuant to this ordinance.
(e) Within ten (10) days of the issuance of a final order pursuant to this
ordinance, the city shall update its code enforcement database to reflect the issued final
order, and shall post the notification required by subsection (d) of this Section containing
an updated link to the code enforcement database on the city Web site.
(f) The city shall maintain the records created under this Section for ten (10)
years following their issuance.
(g) A lienholder of record who has registered pursuant to this section may,
within forty-five (45) days from the date of issuance of notification:
1. Correct the violation, if it has not already been abated; or
2. Pay all civil fines assessed for the violation, and all charges and
fees incurred by the city in connection with enforcement
of the ordinance, including abatement costs.
(h) The lien provided by this ordinance shall not take precedence over
previously recorded liens if:
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1. The city failed to comply with the requirements of this ordinance
for notification of the final order; or
2. A prior lienholder complied with subsection (g) of this Section.
(i) A lien that does not take precedence over previously recorded liens shall,
if the final order remains partially unsatisfied, take precedence over all other subsequent
liens except liens for state, county, school board and city taxes.
0) The city may record a lien before the forty-five (45) day period established
in this Section expires. If the lien is fully satisfied prior to the expiration of the forty-five
(45) day period, the city shall release the lien in the county clerk's office where the lien is
recorded within fifteen (15) days of satisfaction.
(k) Failure of the City to comply or failure of a lien to take precedence over
previously filed liens as provided herein shall not limit or restrict any other remedies the
City has against the property of the violator.
Section 42.46 - Ordinances enacted for enforcement.
Articles I, II and III of Chapter 42 are enacted for enforcement by the Code
Enforcement Board pursuant to KRS 65.8801. Additional ordinances or sections of the
City of Paducah Code of Ordinance may be enacted or adopted for enforcement herein.
(a) Property Maintenance Code 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 2012 Edition" as published by
the International Code Council, and the property maintenance code currently adopted by
the City of Paducah; 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 Insert: Fees. See Sec. 42-43(b)
(3) Section 112.4 Insert: Failure to Comply [of not less than $500 and
not more than $1,000]
(4) Section 302.4 Insert: 10 inches
(5) Section 304.14 (p.10, first and second line).
Insert: May 1 thru October 31.
(6) Section 602.3 (p. 17, fifth line).
Insert: September 1 thru May 31.
(7) Section 602.4 (p. 17, third line).
Insert: September 1 thru May 31.
(c) Reserved.
(d) Savings clause. Nothing in this section or in the property maintenance
code hereby adopted shall be construed to affect any suit or proceedingpendin 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.
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(f) Collection of costs incurred by city. The city shall be entitled to recover
from any responsible parry 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 parry'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.
Sec. 42-47. - Litter.
(a) Definitions for this section. For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
Aircraft. Any contrivance now known or here -after invented, used or designated
for navigation or for flight in the air. Aircraft shall include drones, helicopters and lighter -
than -air dirigibles and balloons.
Authorized private receptacle. A litter storage and collection receptacle as
required and authorized in section 42-49 of this chapter and by the refuse department.
Commercial handbill. Any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise
reproduced original or copies of any matter of literature:
(a) Which advertises for sale any merchandise, product commodity, or thing;
(b) Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly or indirectly promoting
the interest thereof by sales;
(c) Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind for which any admission fee is charged for
the purpose of private gain or profit; but the terms of this clause shall not apply where an
admission fee is charged or a collection is taken up for the purpose of defraying the
expense incident to such meeting, theatrical performance, exhibition, or event of any
kind, when either of the same is held, given or takes place in connection with the
dissemination of information which is not restricted under the ordinary rules of decency,
good morals, public peace, safety and good order; provided that nothing contained in this
clause shall be deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition, or event of any kind, without a license, where such
license is or may be required by any law of this state, or under any ordinance of this city;
or
(d) Which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or circulated for
advertising purposes, or for the private benefit and gain of any person so engaged as
advertiser or distributor.
Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Litter, garbage, refuse, and rubbish. As defined herein, and all other waste
material which, if thrown or deposited as herein prohibited, tends to create a danger to
public health, safety and welfare.
Motor vehicle. Any contrivance, or parts thereof, propelled by power and used for
transportation of persons or property on public streets and highways.
Newspaper. Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States, in
accordance with federal statute or regulation, and any newspaper filed and recorded with
any recording officer as provided by general law; and, in addition thereto, shall mean and
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include any periodical or current magazine regularly published with not less than four
issues per year, and sold to the public.
Noncommercial handbill. Any printed or written matter, any sample, or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other
printed or otherwise reproduced original or copies of any matter of literature not included
in the aforesaid definitions of a commercial handbill or newspaper.
Park. A park, reservation, playground, beach, recreation center or any other public
area in the city, owned or used by the city and devoted to active or passive recreation.
Person. Any person, firm, partnership, association, corporation, company or
organization of any kind.
Private premises. Any dwelling, house, building or other structure, designed or
used either wholly or in part for private residential purposes, whether inhabited or
temporarily or continuously uninhabited or vacant, and shall include any yard, grounds,
walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such
dwelling, house, building, or other structure.
Public place or property. Any and all streets, sidewalks, boulevards, alleys or
other public ways and any and all public parks, squares, spaces, grounds, and buildings.
Refuse. All putrescible and nonputrescible solid wastes (except body wastes)
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles,
and solid market and industrial wastes.
Rubbish. Nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard
clippings, leaves, wood, glass, bedding, interior furniture, interior and exterior
decorations, crockery and similar materials.
Vehicle. Any vehicle, device or other contrivance, or parts thereof, propelled by
human or mechanical power in, upon, or by which any person or property is or may be
transported or drawn, including without limitation devices used exclusively upon
stationary rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts,
sailboats, boat and utility trailers, mobile homes, motor homes, campers, and off-highway
vehicles.
(b) Depositing litter in public places. No person shall throw or deposit litter in
or upon any street, sidewalk or other public place within the city except in public
receptacles, in authorized private receptacles for collection, or in official city dumps.
(c) Depositing litter in parks. No person shall throw or deposit litter in any
park within the city except in public receptacles and in such a manner that the litter will
be prevented from being carried or deposited by the elements upon any part of the park or
upon any street or other public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible for its presence and
properly disposed of elsewhere as provided herein.
(d) Depositing litter in lakes and fountains. No person shall throw or deposit
litter in any river, fountain, pond, lake, stream, bay or any other body of water in a park or
elsewhere within or bordering the city.
(e) Depositing litter on private property; duty to maintain private property
free of litter.
(1) No person shall throw or deposit litter on any occupied private
property within the city, whether owned by such person or not, except that the owner or
person in control of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from being carried or deposited
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by the elements upon any street, sidewalk, or other public place or upon any private
property.
(2) The owner or person in control of any private property shall at all
times maintain the premises free of litter. Provided, however, that this subsection shall
not prohibit the storage of litter in authorized private receptacles for collection.
(f) Depositing litter on vacant lot. No person shall throw or deposit litter on
any open or vacant private property within the city, whether owned by such person or not.
(g) Manner of placing litter in receptacles. Person placing litter in public
receptacles or in authorized private receptacles shall do so in such a manner as to prevent
it from being carried or deposited by the elements upon any street, sidewalk or other
public place or upon private property.
(h) Sweeping litter into gutters.
(1) No person shall sweep into or deposit in any gutter, street or other
public place within the city the accumulation of litter from any building or lot or from any
public or private sidewalk or driveway. Persons owning or occupying property shall keep
the sidewalk in front of their premises free of litter.
(2) No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within the city the accumulation
of litter from any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying places of business within the city shall keep the sidewalk in
front of their business premises free of litter.
(i) Throwing litter from vehicle. No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public place within the city,
or upon private property.
(j) Truck loads causing litter; tires carrying dirt or other material onto street.
No person shall drive or move any truck or other vehicle within the city unless such
vehicle is so constructed or loaded as to prevent any load, contents or litter from being
blown or deposited upon any street, alley or other public place. Nor shall any person drive
or move any vehicle or track within the city, the wheels or tires of which carry onto or
deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or
foreign matter of any kind.
(k) Dropping litter from aircraft. No person in an aircraft or by use of an
aircraft shall throw out, drop or deposit within the city any litter, handbill or any other
object.
(1) Distribution of handbills.
(1) Depositing on street, sidewalk or other public place. No person
shall throw or deposit any commercial or noncommercial handbill in or upon any
sidewalk, street or other public place within the city.
(2) Depositing in or on vehicles. No person shall throw or deposit any
commercial or noncommercial handbill in or upon any vehicle. Provided, however, that is
shall not be unlawful in any public place for a person to hand out or distribute, without
charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to
accept it and to be responsible for disposing of it.
(3) Depositing on vacant private premises. No person shall throw or
deposit any commercial or noncommercial handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
(4) Depositing on posted private premises. No person shall throw,
deposit or distribute any commercial or noncommercial handbill upon any private
premises, if requested by anyone thereon not to do so, or if there is placed on the
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premises, in a conspicuous position near the entrance thereof, a sign bearing the words:
"No Trespassing," "No Peddlers, or Agents," "No Advertisement," or any similar notice,
indicating in any manner that the occupants of the premises do not desire to be molested
or have their right of privacy disturbed, or to have any such handbills left upon such
premises.
(5) Depositing on inhabited private premises.
a. Generally. No person shall throw, deposit or distribute any
commercial or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the owner, occupant, or
other person then present in or upon such private premises. Provided, however, that, in
case of inhabited private premises which are not posted as provided in this article, such
person, unless requested by anyone upon such premises not to do so, may place or deposit
any such handbill in or upon such inhabited private premises, if such handbill is so placed
or deposited as to secure or prevent such handbill from being blown or drifted about such
premises or sidewalks, streets, or other places, and except that mailboxes may not be so
used when so prohibited by federal postal law or regulations.
b. Exemption for mail and newspapers. The provisions herein
shall not apply to the distribution of mail by the United States, nor to newspapers (as
defined herein), except that newspapers shall be placed on private property in such a
manner as to prevent their being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
(m) Posting notices on trees or utility poles.
(1) It shall be unlawful for any person to tack, place or post any signs,
cards, placards or advertisements of any character on any utility pole or tree in the public
right-of-way, on or along any of the sidewalks, streets, alleys or public grounds in the
city. The city may place traffic control signs on utility poles after obtaining a permit from
the owner of the utility pole.
(2) Permits for stretching streamers or placing banners and/or
decorations -temporarily may be issued by the office of the Mayor at his/her discretion
when in the interest of charitable, benevolent, patriotic or municipal causes.
Sec. 42-48. - Vehicles and appliances.
(a) Definitions for this section. For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
Appliances. Any unit, or part thereof, of household appliances, machinery,
furniture, or equipment, whether functional or ornamental, and whether mechanical or
powered by some source of energy or not, including, but not limited to, stoves,
refrigerators, television sets, beds, lamps, tools, mowers, garden tractors, building
materials, objects of art, and the like.
In the open shall mean is upon land that may be viewed from a public street or an
adjoining property.
Junked appliances.
(1) Any unit, or part thereof, of household appliances, machinery,
furniture, or equipment, whether functional or ornamental, and whether mechanical or
powered by some source of energy or not, including, but not limited to, stoves,
refrigerators, television sets, beds, lamps, tools, mowers, garden tractors, building
materials, objects of art, and the like, the condition of which is one of the following:
a. Wrecked;
b. Dismantled;
C. Partially dismantled;
d. Inoperative;
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e. Abandoned;
f. Discarded.
Junked vehicles. Any vehicle, device or other contrivance, or parts thereof,
propelled by human or mechanical power in, upon, or by which any person or property is
or may be transported or drawn, including without limitation devices used exclusively
upon stationary rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts,
sailboats, boat and utility trailers, mobile homes, motor homes, campers, and off-highway
vehicles, the condition of which is one or more of the following:
(1)
Wrecked;
(2)
Dismantled;
(3)
Partially dismantled;
(4)
Inoperative;
(5)
Abandoned;
(6)
Discarded.
Motor vehicle. Any contrivance, or parts thereof, propelled by power and used for
transportation of persons or property on public streets and highways.
Person. Any individual, firm, partnership, association, corporation, company or
organization of any kind.
Public place or property. Any and all streets, sidewalks, boulevards, alleys or
other public ways and any and all public parks, squares, spaces, grounds, and buildings.
Vehicle. Any vehicle, device or other contrivance, or parts thereof, propelled by
human or mechanical power in, upon, or by which any person or property is or may be
transported or drawn, including without limitation devices used exclusively upon
stationary rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts,
sailboats, boat and utility trailers, mobile homes, motorhomes, campers, and off-highway
vehicles.
(b) Declaration of nuisance; exceptions.
(1) The presence of any junked vehicle or appliance on public property
or on any private lot, tract or parcel of land or portion thereof, occupied or unoccupied,
improved or unimproved, within the city shall be deemed a public nuisance, and shall
further be considered rubbish or refuse, and it shall be unlawful for any person to cause or
maintain such a public nuisance by wrecking, dismantling, partially dismantling,
rendering inoperable, abandoning or discarding any vehicle or appliance on the real
property of another or to suffer, permit or allow a junked vehicle or appliance to be
parked, left or maintained on his own real property, provided that this provision shall not
apply with regard to:
a. Any vehicle or appliance in an enclosed building;
b. Any vehicle or appliance on the premises of a business
enterprise operated in a lawful manner, when necessary to the operation of such business
enterprise; or
C. Any vehicle or appliance on property occupied and used for
repair, reconditioning and remodeling of vehicles or appliances in conformance with the
zoning code of the city.
(2) Accumulation of vehicles. No -person shall accumulate, store or
allow more than four (4) vehicles in the open upon any public property or on any private
lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or
unimproved, within the city. Such accumulation, storage or allowance shall be deemed a
public nuisance and it shall be unlawful for any person to cause or maintain such a public
nuisance, provided that this provision shall not apply with regard to:
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a. Any vehicle in an enclosed building, provided that such
storage in an enclosed building must not create or constitute a health or fire hazard;
b. Any vehicle on the premises of a business enterprise
operated in a lawful manner, when necessary to the operation of such business enterprise;
or
C. Any vehicle on property occupied and used for repair,
reconditioning and remodeling of vehicles in conformance with the zoning code of the
city.
(c) Liability for damages to removed vehicle or appliance. Neither the owner
or occupant of the premises from which any aforesaid vehicles or appliances shall be
removed, their servants or agents, or any department of the city, or its agents, shall be
liable for any loss or damage to the vehicle or appliance while being removed or as a
result of any subsequent sale or other disposition. ,
(d) Compliance by removal of vehicle or appliance. The removal of the
vehicle or appliance declared to be a nuisance pursuant to this article from the premises
within five business days after receipt of notice of violation from city shall be considered
compliance with the provisions of this article and no further action shall be taken against
the owner of the vehicle or appliance or the owner or occupant of the premises. Written
permission given to the nuisance code enforcement officer for the removal of the vehicle
or appliance by the owner of same or the owner or occupants of the premises on which it
is located shall be considered compliance with the provisions of this article on their part
and no further action shall be taken against the one giving such permission, except for
collection of towing charges or hauling costs for the removal of the nuisance.
(e) Right of entry. In the enforcement of this article, a code enforcement
officer, and his duly authorized agents, assistants, employees, or contractors, may enter
upon private or public property to examine the vehicle or appliance, or obtain information
as to the identity of the vehicle or appliance and of the owner thereof, and to remove or
cause removal of the vehicle or appliance declared to be a nuisance pursuant to this
article.
(f) Article supplemental to other regulations.
(1) This article is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles or appliances or the accumulation and storage of
vehicles within the city. The provisions of this article are supplemental and in addition to
all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or
any other legal entity or agency having jurisdiction.
(2) The provisions of this article shall be deemed cumulative of the
provisions and regulations contained in the Code of Ordinances, City of Paducah,
Kentucky, save and except that, where the provisions of this article and the sections
hereunder are in conflict with the provisions elsewhere in this Code, then the provisions
contained herein shall prevail. Any and all ordinances or parts of ordinances in conflict
herewith are, to the extent of such conflict, hereby repealed.
Sec. 42-49. - Solid waste.
(a) Definitions for this section. For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
Back door pickup. Requested by residence to have a point of pickup other than
what is assigned.
Bulk waste. Any items commonly handled in bulk form, including but not limited
to any discarded appliance such as hot water heaters, stoves, air conditioners and
refrigerators; any discarded furniture such as couches, chairs and mattresses; trees or tree
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limbs in excess of 48 inches in length and greater than three inches in diameter; or tree
stumps.
Business. Applies to any establishment or firm wherein an occupational license is
required by the city, except as otherwise provided herein.
Commercial waste. Any waste generated by a business establishment, excluding
such waste as designated in subsection (e) of section 42-49.
Commercial waste container. Dumpsters of various sizes: two-, four-, six- and
eight -cubic yard capacity. Dumpsters shall remain the property of the city.
Department. The Public Works Department of the City of Paducah.
Department in charge. The Public Works Department will be charged with
carrying out the duties of the provisions of this section.
Division. The Solid Waste Division of the Public Works Department.
Green waste. Includes, but is not limited to, all accumulations of grass, shrubbery,
weeds or cuttings from any of the foregoing, or pine needles, and other waste incidental
to the growth, maintenance or care of lawns, or shrubbery, vines and gardens. The term
"green waste" shall not be taken to include trees or tree limbs in excess of 48 inches in
length and greater than three inches in diameter, tree stumps, used or broken appliances,
furniture, bedding, building materials, lumber or other material of like nature (see the
definition of "bulk waste" herein).
Multiple dwelling. A structure or structures having more than one single-family
unit, and shall include apartment buildings, motels and hotels.
Premises. Land or buildings, or both, occupied or used by one or more households
or one or more business places.
Residence. A single-family residential unit.
Residential waste. Every accumulation of animal, fruit or vegetable matter that
attends the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl,
fruits or vegetables. This also includes any other matter of any nature whatsoever which is
subject to decay and the generally noxious or offensive gases or odors which, during or
after, may serve as breeding or feeding material for flies or other germ -carrying insects;
and any waste accumulations of paper, wooden or paper boxes, tin cans, bottles or other
containers, sweepings, and all other accumulations of a nature usual to housekeeping.
Residential waste container. Green mobile cart (capacity 96 gallons). Said
container shall remain the property of the city.
Residential waste container (special pickup). Blue mobile cart (capacity 96
gallons). Said container shall remain the property of the city.
Solid waste. All forms of waste as defined herein, including bulk, commercial,
green and residential waste.
Special pickup. When no individual in the household is physically or mentally
capable of maneuvering the waste container to the designated point of pickup.
Trailer park, mobile home park. Any business enterprise maintaining premises for
the rent of mobile homes or house trailers and/or mobile home or house trailer sites.
(b) Authority and duties of City Manager.
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(1) The City Manager or his/her designee shall have the authority to
make and modify, as necessary, the days of collection, location of containers, and such
other matters pertaining to the collection, transportation and disposal of waste.
(c) Preparation of waste.
(1) Residential waste. All residential waste must be contained within
the confines of the residential waste container. The container shall be kept tightly covered
at all times except when it becomes necessary to lift covers for the purpose of depositing
waste or for the purpose of emptying such waste container in a solid waste truck. No
medical, hazardous and/or toxic waste or liquids will be deposited into a residential waste
container.
(2) Commercial waste. All commercial waste must be contained
within the confines of the appropriate commercial waste container. No medical,
hazardous and or toxic waste or liquids will be deposited into a commercial waste
container.
(3) Green waste. All green waste which is absorbent, such as grass and
leaves, shall be contained in bags (not to exceed 50 pounds) and kept separate from
residential waste. All trimmings, such as hedge or tree limbs (not greater than three
inches in diameter), vines and shrubbery shall be bundled in bundles not greater than 48 -
inch lengths and not to exceed 50 pounds in weight. All bags and bundles shall be placed
at the household's designated point of pickup.
(4) Bulk waste. Bulk waste shall be picked up at the designated point
of pickup. All items shall be prepared for disposal in accordance with all local, state, and
federal laws.
(d) Location of containers; collection.
(1) Restrictions on collectors. City solid waste collectors shall not
enter houses or buildings for the collection of solid waste nor shall they accept any money
or gifts for their services.
(2) Separation of waste from non -waste items. Solid waste shall not be
stored in close proximity to other effects which are not desired to be collected, but shall
be reasonably separated in order that the collectors can clearly distinguish between what
is to be collected and what is not.
(3) Residential collection.
a. The city shall collect residential waste once a week in
accordance with a schedule prepared by the City Manager or his/her designee.
b. It shall be the responsibility of each occupant, on the
scheduled day of collection, to place his residential waste container(s) at the designated
point of collection (curbside, street side or in an accessible alley) not later than 5:30 a.m.
the day of scheduled pickup, unless otherwise authorized by the City Manager or his/her
designee. The container shall be placed in such a manner as not to interfere with overhead
power lines or tree branches, parked cars, vehicular traffic, or in any other way that would
constitute a public hazard or nuisance.
C. Waste containers may be placed at the point of pickup the
evening before the scheduled pickup service. Waste containers shall be removed from the
point of pickup not later than 11:00 p.m. of the day of the scheduled pickup.
d. Waste containers, when not out for collection on the
scheduled pickup day, will be kept away from the front of any building or premises. No
waste container shall be maintained upon or adjacent to any street, sidewalk, or front
yard.
e. If accumulation of residential waste regularly exceeds the
capacity of the 96 -gallon container, the City Manager or his/her designee may assign the
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resident an additional 96 -gallon container, at such fees or charges as the City Commission
may establish from time to time by municipal order.
f. The city may provide pickup service at other than the
designated location, at such fees or charges as the City Commission may establish from
time to time by municipal order. The location of the pickup will be approved by the City
Manager or his/her designee.
g. The City Manager or his/her designee shall have sole
discretion in verifying the need for a special pickup (blue residential waste container) and
the determination of the point of pickup for said special pickup.
1. In the event the occupant has difficulty in using the
refuse container in the designated area or would create a hardship, the occupant shall
notify the City Manager in writing stating the basis for the difficulty and what relief is
requested.
2. The City Manager or his/her designee upon a
showing of physical handicap or medical condition by written documentation or sufficient
proof as to physical conditions hindering compliance, may grant the relief requested or
other appropriate relief.
3. These conditions shall apply when there is no one
present in the household who is able to move the container to the designated point of
pickup.
h. The city shall collect green waste once a week in
accordance with a schedule prepared by the City Manager or his/her designee. Said green
waste will be collected on the same day as residential waste. Collection will be at the
household's designated point of pickup.
i. No provision of this chapter shall be construed to prevent
any person from transporting or disposing of solid waste produced by the household.
Disposal by such means shall not exempt such person from the obligation to pay the solid
waste collection service charges.
(4) Container damage or loss. Residential waste container(s) and
commercial waste container(s) shall both remain the property of the city at the premises
where delivered. The premises' owner(s) or occupant(s) and/or commercial establishment
shall maintain their assigned waste container(s) and the surrounding area in a clean, neat,
sanitary condition. Residential and commercial waste contain(s) shall be cleaned and
disinfected on a regular basis by the premises' owner(s) or occupant(s) or business
utilizing the waste container. Container(s) which are damaged, destroyed, or stolen
through neglect, improper use or abuse by the occupant -users shall be replaced by the city
at the expense of the occupants or the owner of the residence. Container(s) which are
damaged in the course of normal and reasonable usage or which are damaged, destroyed,
or stolen through no abuse, neglect, or improper use of the occupant(s)-users or residence
owner shall be repaired or replaced at the sole discretion of the city, at no charge to the
occupant -users or residence owners. The containers shall not be damaged, destroyed,
defaced or removed from the premises by any person. Markings and identification devices
on the containers, except as placed or specifically permitted by the city, are expressly
prohibited and shall be regarded as damage to the containers.
(5) Bulk waste.
a. The city will provide pickup of bulk waste upon citizen
request, from the household's designated point of pickup. This is a separate service and
will be provided at such fees or charges as the City Commission may establish from time
to time by municipal order. Pickup will be within five working days, or as soon thereafter
as possible.
b. The owner of any vacant lot may make arrangements with
the city for pickup of bulk waste. The location of the pickup shall be determined by the
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City Manager or his/her designee. Pickup will be provided at such fees or charges as the
City Commission may establish from time to time by municipal order. Pickup will be
provided within five working days of the request, or as soon thereafter as possible.
(6) Commercial collection. Collection of commercial service shall be
made at least weekly, and more frequently if deemed necessary by the City Manager or
his/her designee to prevent unsanitary or unsightly accumulation of solid waste. The City
Manager or his/her designee shall establish routes of varying frequency for collection and
assign each commercial or industrial establishment to the route and frequency which is
most adapted to its collection needs.
a. All commercial establishmentsibusinesses shall utilize a
commercial waste container (two-, four-, six- or eight -cubic yard dumpster) unless
otherwise authorized by the City Manager or his/her designee.
b. Commercial waste containers must be clear of all
obstructions and obstacles at all times to allow for the proper service and inspection. The
service schedule is generally 4:00 a.m. to 12:30 p.m. Monday through Sunday.
C. New commercial waste accounts, as of November 1, 1997,
shall be required to place the container on approved service pads to be constructed of
eight -inch thick concrete having a minimum compressive strength of 4,000 psi containing
fiber mesh or woven wire and of a size not less than ten feet wide and 30 feet long.
Exceptions of the aforementioned dimensions for width and length shall be at the
discretion of the City Engineer. All exceptions will be as a result of physical features
adjacent to the approved site. The property owner will be responsible for all repairs
necessary as a result of servicing the dumpster.
d. The location shall be approved through the City of Paducah
prior to placement. The approval will be a process of the site plan evaluation. The
location of the pad will provide freedom of access of solid waste vehicles unimpeded by
parked cars. The service pad will be located in a manner as to allow the straightest route
into the dumpster. The location will limit turning of refuse vehicles to service the
dumpster.
e. All dumpsters should be located as near to the rights-of-
way as practical, but not in the right-of-way.
f. Commercial accounts may request an additional
unscheduled pickup. This service will be provided at such fees or charges as the City
Commission may establish from time to time by municipal order.
(7) Seasonal collection service. The schedule for collection of bagged
leaves shall be established by the City Manager or his/her designee based on weather
conditions caused by either an early or late fall. This service will be performed in
conjunction with the weekly pickup of green waste.
(e) Unlawful accumulation or disposal of waste; disturbing containers.
(1) Disposal requirements generally. The disposal of solid waste in
any quantity by an individual, householder, establishment, firm or corporation in any
place, public or private, other than at the site or sites designated and/or with properly
approved permits, is expressly prohibited. Such disposal methods shall include the
maximum practical protection for control of rodents, insects, and nuisances at the place of
disposal.
(2) Unlawful accumulations.
a. No person shall permit to accumulate on his/her premises
any solid waste except in containers of the type specified in this chapter, and no
odiferous, unsanitary, offensive or unsightly wastes other than solid waste shall be
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permitted to accumulate on such premises. Noncompliance with the provisions of this
section shall constitute a public nuisance.
b. The occupant of the premises or, in the case of unoccupied
premises, the owner, shall be responsible for maintaining, in a clean and sanitary
condition free of all solid waste, the sidewalks, ditches, curbs/gutters and
unpaved/undeveloped portion of rights-of-way abutting such premises.
(3) Disturbing containers. At no time shall any person rifle, pilfer, dig
into or in any manner disturb containers containing solid waste.
(4) Removal of waste by contractors, public utilities, builders, tree
trimmers and landscapers. All these must remove all trash and debris from the premises
upon which they are working at their own expense. This shall include but not be limited
to limbs, tree trunks, roots, concrete slabs, concrete blocks, bricks and all other materials
used by contractors in the course of building, construction and or alterations.
(5) Prohibited substances in city -owned containers. The following
substances are hereby prohibited and shall not be deposited in any city -owned solid waste
container, either residential or commercial:
a. Flammable liquids, solids or gases, such as gasoline,
benzine, alcohol or other similar substances.
b. Any material that could be hazardous or injurious to city
employees or which could cause damage to city equipment.
Building material/debris.
d. Hot materials such as ashes, cinders, and the like.
e. Human or animal feces are hereby prohibited from being
placed in any solid waste container unless placed and secured in a plastic bag.
f. Carcasses of dead animals.
(6) Industrial, hazardous, toxic, medical and infectious waste. All
industrial, hazardous, toxic, medical, and infectious waste, including but not limited to
hypodermic syringes, shall be disposed of by the industry, manufacturer, or processing
plant generating such waste under such methods and conditions as shall be approved by
all applicable state or federal guidelines.
(7) Dumping in stream, ditch, sewer or drain. It shall be unlawful for
any person, firm, or other entity, regardless of form, to dump waste in any form into any
stream, ditch, storm sewer, sanitary sewer, or other drain.
(f) Open burning. It shall be unlawful for any person, firm or other entity,
regardless of form, to burn or attempt to burn solid waste on private or public property
within the city limits.
Sec. 42-50. - Other nuisances.
(a) Certain conditions declared nuisance. It shall be unlawful for the owner,
occupant or person having control or management of any land within the city to permit a
public nuisance to develop thereon. The following conditions are declared to be public
nuisances:
(1) Dangerous trees or stacks adjoining street. Any tree, stack or other
object standing in such a condition that it will, if the condition is allowed to continue,
endanger the life, limb or property of, or cause hurt, damage or injury to, persons or
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property upon the public streets, sidewalks, alleys, or public ways adjacent thereto, by the
falling thereof or of parts thereof.
(2) Accumulation of rubbish. An accumulation on any premises of
filth, refuse, trash, garbage, or other waste material which endangers the public health,
welfare, or safety, or materially interferes with the peaceful enjoyment by owners or
occupants of adjacent property because of the danger that it will catch or communicate
fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street,
sidewalk, or property of another.
(3) Storage of explosives. The storage of explosive material which
creates a safety hazard to other property or persons in the vicinity.
(4) Weeds and grass. The excessive growth of weeds, grass, or other
vegetation, except flowers or other ornamental vegetation, which are well maintained.
Unless otherwise provided, "excessive" shall mean growth to a height of ten inches or
more.
(5) Open wells. The maintenance of any open, uncovered, or
insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private
premises in any open or unfenced lot or place.
(6) Trees and shrubbery obstructing streets, sidewalks, and drainage.
The growing and maintenance of trees or shrubbery which in any way interfere with the
use, construction, or maintenance of streets, public ways, or sidewalks, or constitute an
obstruction thereof.
(7) Imminent danger. Nothing in this ordinance 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.
(b) Responsibility for nuisances created by others. For the purposes of this
article, it shall not be essential that the nuisance be created or contributed to by the owner,
occupant, or person having control or management of the premises, but merely that the
nuisance be created or contributed to by licensees, invitees, guests, or other persons for
whose conduct the owner or operator is responsible, or by persons for whose conduct the
owner or operator is not responsible, but by the exercise of reasonable care ought to have
become aware of.
Sec. 42-51. - Reserved.
Sec. 42-52. - Illicit discharges.
(a) Purpose and scope. This section is intended to protect the general health,
safety, and welfare of the citizens of the City of Paducah by declaring illicit discharges
into the storm sewer system to be nuisances, and more specifically:
(1) To protect and enhance the water quality of watercourses and water
bodies in a manner pursuant to and consistent with the Federal Clean Water Act by
prohibiting non-stormwater discharges and connection to the municipal separate storm
sewer system (MS4), collectively called stormwater conveyance system.
(2) To prohibit illicit discharges and connections to the MS4.
(3) To establish legal authority to carry out all inspection, surveillance
and monitoring, and enforcement procedures necessary to ensure compliance with this
section.
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(b) Definitions. For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
Enforcement agency is the City of Paducah's Engineering Department and its duly
authorized representatives or designees.
Hazardous materials is any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
biological or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise
managed.
Illicit discharge is any direct or indirect non-stormwater substance or hazardous
material disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed
by any means, intentionally or unintentionally, into the MS4 or any area that has been
determined to drain directly or indirectly into the MS4, except as exempted in subsection
(e) herein.
Illicit connection is defined as any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the MS4. Included are conveyances
which allow any non-stormwater discharge including sewage, process wastewater, and
wash water to enter the storm drain system and any connections to the storm drain system
from indoor drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved.
Inspector is a person designated by the City Engineer or the enforcement agency.
Municipal Separate Storm Sewer System (MS4) of Paducah means a conveyance,
or system of conveyances (including roads with, drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels, and storm drains designed or used for
collecting or conveying stormwater that is owned or operated by the city and discharges
to waters of the Commonwealth. Sanitary and combined sewers are not included in the
definition of the municipal separate storm sewer system.
Non-stormwater discharge is any discharge to the MS4, that is not composed
solely of stormwater except as permitted by subsection (e) herein.
Pollutant is anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances, and accumulations, so that
same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises is the area of land, site, grounds, or property on which the illegal
discharge emanates.
Utility is the owner/operator, public or private, of any underground or overhead
line, facility, system, and its appurtenances used to produce, store, convey, transmit, or
distribute communications, data, electricity, power, heat, gas, oil, petroleum products,
potable water, stormwater, steam, sewage and other similar substances.
Watercourse is any natural or improved stream, river, creek, ditch, channel, canal,
conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either
continuously or intermittently.
Wetlands are a lowland area, such as a marsh that is saturated with moisture, as
defined by the United States Army Corps of Engineers.
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(c) General provisions.
(1) Except as herein provided or exempted by the City Engineer and/or
enforcement agency, this section shall apply to all non-stormwater discharges and
connections to the MS4 owned and operated by the city.
(2) The City Engineer and/or enforcement agency shall administer,
implement, and enforce the provisions of this section.
(3) This section shall be construed to insure consistency with
requirements of the Clean Water Act, the City of Paducah KPDES Stormwater Permit,
and acts amendatory thereof or any other applicable regulations.
(4) The standards and requirements set forth herein and promulgated
pursuant to this section are minimum standards. This section does not intend nor imply
that compliance by any person, company, developer, or any other entity will ensure that
there will be no contamination, pollution, nor unauthorized discharge of pollutants into
the MS4.
(d) Prohibition of discharges and declaration of nuisance; exceptions.
(1) No person, company, developer or any other entity shall discharge
or cause to be discharged into the MS4 any pollutants including but not limited to
hazardous materials or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than stormwater. The
commencement, conduct or continuance of any illicit discharge is prohibited.
(2) This section does not apply to the following categories of non-
stormwater discharges or flows, unless the City Engineer and/or enforcement agency of
the regulated MS4 identifies them as significant contributors of pollutants to its MS4:
water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharge from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water.
(3) The prohibition of discharges or flows shall not apply to any non-
stormwater discharges permitted under a NPDES permit, waiver, or waste discharge order
issued to the discharger and administered by the Kentucky Division of Water under the
authority of the Federal Environmental Protection Agency, provided that the discharger is
in full compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been granted for
any discharge to the storm drain system.
(4) The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited. This prohibition includes without
limitation, illicit connections made in the past, regardless of whether the connection was
permissible under law or practice applicable at the time of connection.
(e) Rules and regulations.
(1) Compliance by elimination of illicit discharges. Notwithstanding
the requirements of subsection (d) herein, the City Engineer and/or enforcement agency
may require by written notice that the person, property owner, occupant, tenant, lessor,
lessee, or agency (hereinafter referred to as "party") responsible for an illicit discharge
immediately, or by a specified date, discontinue the discharge and, if necessary, take
measures to eliminate the source of the discharge to prevent the occurrence of future
illegal discharges.
The elimination of an illicit discharge within three days after receipt of
notice of violation from the city shall be considered compliance with the provisions of
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this article and no further action shall be taken. Written permission given to the City
Engineer and/or enforcement agency for the removal of the illicit discharge and/or illicit
discharge sources on the premises on which it is located shall be considered compliance
with the provisions of this section and no further action shall be taken against the parry,
except for the collection of all costs, expenses and/or charges for the removal of the
nuisance.
(2) Monitor and analyze. The City Engineer and/or enforcement
agency may require by written notice a requirement that any parry engaged in any activity
and/or owning or operating any property or facility which has been determined to
contribute to stormwater pollution, illicit discharges, and/or non-stormwater discharges to
the MS4 to undertake at said party's expense such monitoring and analyses and furnish
such reports to the City Engineer and/or enforcement agency as deemed necessary to
determine compliance with this section.
(3) Notification of spills. Notwithstanding other requirements of local,
state and federal law, as soon as any party responsible for a property, facility or operation,
or responsible for emergency response for a property, facility or operation, has
information of any known or suspected release of pollutants or hazardous materials which
are resulting or may result in illegal discharges to the MS4, said party shall take all
necessary steps to ensure the discovery, containment, and cleanup of such release. In the
event of such a release of a hazardous material, said party shall immediately notify
emergency response officials of the occurrence via emergency dispatch services (911). In
the event of a release of non -hazardous materials to the MS4, said party shall notify City
Engineer and/or enforcement agency in person or by phone or facsimile no later than 2:00
p.m. of the next business day. Notifications shall be confirmed by written notice
addressed and mailed to the City Engineer and/or enforcement agency within three
business days of the original notice.
(f) Inspection, monitoring, and remediation.
(1) Right of entry and inspection. Whenever the City Engineer and/or
enforcement agency has cause to believe that there exists, or potentially exists, any
condition which constitutes a violation of this section, the City Engineer and/or
enforcement agency may enter the believed violating premises served by the MS4 at all
reasonable times to inspect the same.
(2) Urgency abatement. The City Engineer and/or enforcement agency
is authorized to require immediate abatement of any violation of this section that
constitutes an immediate threat to the health, safety or well-being of the public. If any
such violation is not abated immediately as directed by the City Engineer and/or
enforcement agency the city is authorized to enter onto private property and to take any
and all measures required to remediate the violation. Any expense related to such
remediation undertaken by the city shall be fully reimbursed by the property owner and/or
responsible party.
(3) Sampling devices and testing. During any inspection as provided
herein, the City Engineer and/or enforcement agency may take any samples and perform
any testing deemed necessary to aid in the pursuit of the inquiry or to record site
activities. The cost of all testing may be passed on to the party, owner or operator of the
premises where the illicit discharge emanates.
(g) Section supplemental to other regulations.
(1) This section is not the exclusive regulation pertaining to illicit
discharges and the city's storm sewer systems (MS4). Illicit discharges are hereby
declared to be a public nuisance and unlawful as set out in subsection (d) above. The
provisions of this section are supplemental and in addition to all other regulatory codes,
statutes and ordinances heretofore enacted by the city, state or any other legal entity or
agency having jurisdiction.
(2) The provisions of this section shall be deemed cumulative of the
provisions and regulations contained in this Code, save and except that, where the
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provisions of this section and the sections hereunder are in conflict with the provisions
elsewhere in this Code, then the provisions contained herein shall prevail.
(3) Acts potentially resulting in a violation of the Federal Clean Water
Act. Any person who violates any provision of this section or any provision of any permit
issued by the city may also be in violation of the Clean Water Act and may be subject to
the sanctions of those acts including civil and criminal penalties. Any enforcement action
authorized under this section may also include written notice to the party of such potential
liability.
Secs. 42-53-42-59. - Reserved.
Sec. 42-60. - Petition for reduction, waiver and release.
(a) After an order from the Code Enforcement Board has become final and not
appealable, a petition may be initiated by a property owner for a conditional waiver of
fines levied with the Fire Chief or the Deputy Chief in charge of the Fire Prevention
Division as long as abatement is to be started and completed in a reasonable time. If, in
the determination of the Deputy Chief/Fire Marshal of the Fire Prevention Division,
abatement has not been started and progressing in a reasonable time, the waiver will be
revoked and the fines reinstated; a petition may also be initiated to facilitate a real estate
sales transaction by the filing of a petition with the Code Enforcement Board for the
reduction or waiver of citations, fines, charges, or fees levied by the Code Enforcement
Board. Only the civil fines levied pursuant to section 42-43 may be petitioned to be
reduced or waived. No other costs, charges, administrative fees or attorney's fees can be
petitioned for reduction or waiver.
(b) A petition shall contain the following information at a minimum.
(1) The name, address, and contact information of the petitioner and/or
the petitioner's legal representative;
(2) A specific request for the conditional waiver of fines or a specific
request for the waiver of citations, fines, charges, or fees requested and/or any liens to be
released relating to a real-estate sales transaction;
(3) A statement setting forth the reasons why the Fire Chief or Deputy
Chief in charge of the Fire Prevention Division, or the Code Enforcement Board should
consider an appeal and waiver;
(4) A computation of all monies owed to the City of Paducah
pertaining to the real property in question, including, but not specifically limited to, back
taxes, actual costs, liens of any and all types, charges, assessments, administrative fees,
etc. and a check accompanying the payment of all monies owed to the City of Paducah
except for the amounts to be reduced or waived shall be tendered with the petition.
(5) The name of the person that shall be purchasing the real property in
question.
(c) The petition and all accompanying materials shall be presented to the Fire
Chief or the Deputy Chief in charge of the Fire Prevention Division and/or Code
Enforcement Board at their next regularly scheduled meeting. No special or called
meeting of the Code Enforcement Board is specifically required by this ordinance.
(d) The Code Enforcement Board shall consider each petition presented and ~
render a determination as to whether or not the petition shall be anted or denied. A
p �'
petition requesting the reduction or waiver of civil fines already determined to be final
and the release of liens securing those fines shall be left to the sole discretion of the Fire
Chief or the Deputy Chief in charge of the Fire Prevention Division for conditional
waivers and/or the Code Enforcement Board if denied by the Fire Chief or the Deputy
Chief in charge of the Fire Prevention Division.
(e) The Code Enforcement Board shall conduct its hearing in regard to any
petition in the same manner as outlined by section 42-40 of this Code.
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ARTICLE III. - RESIDENTIAL RENTAL OCCUPANCY PERMITS \
Sec. 42-61. - Purpose and intent.
The purpose of this chapter is to protect the public health, safety and general
welfare of the people of the city in occupied dwellings by recognizing that the offering
for rental of dwelling units is a business and by classifying and regulating such business,
the effect of which shall promote the following:
(1)To protect the character and stability of residential areas;
(2)To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare and health, including the physical,
mental and social well-being of persons occupying dwellings;
(3)To enforce minimum standards for the maintenance of existing residential
buildings, and to thus prevent slums and blight;
(4)To preserve the value of land and buildings throughout the city;
(5)To protect the public from increased criminal activity which tends to occur in
residential areas which are unstable due to dwellings which are blighted or are
substandard.
It is not the intention of the city to interfere with contractual relationships
between tenant and landlord. The city does not intend to intervene as an advocate for
either part, or act as arbiter, nor be receptive to unsubstantiated complaints from tenants
or landlords which are not specifically and clearly related to the provisions of this
chapter.
Sec. 42-62. - Definitions.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Accessory living quarters. Living quarters within an accessory building, which
may not have kitchen facilities.
Building. Any structure having enclosed space and a roof for the housing or
enclosure of persons, animals or chattels. The word "building" includes the word
"structure."
Code. Ordinances of the City of Paducah that relate to fitness for habitation,
construction, property maintenance, nuisances, occupancy, zoning, and use of any rental
residential dwelling unit. This specifically includes the provisions of chapters 18, 42, 94
and 126 of the Paducah Code of Ordinances.
Code Official. Includes the Chief Building Inspector, Deputy Building
Inspector(s), Code Enforcement Officers, Fire Marshall, Fire Inspector, and Police
Officers.
Dwelling, assisted care. A building, or portion thereof, and consisting of five or
more bedrooms, used for residential occupancy by a group. The dwelling is
characterized by tenants with separate bedrooms for sleeping and that there are shared
common areas for reception, recreation, living, cooking, laundry and the like. The unit is
further signified by the presence of an employee(s) that provide various services such as
housekeeping, maintenance, cooking, security, personal care, and transportation. This
definition is distinguished from, and is intended not to conflict with KRS 100.982 and
100.984.
Dwelling, multiple. A building, or portion thereof, used for occupancy by three
or more families living independently of each other and used for rental residential
occupancy.
Dwelling, one family. A building used for residential occupancy by one family.
Dwelling, rental. A building, or portion thereof, used primarily for rental
residential occupancy, including one -family and multiple dwellings, but not including
hotels or motels.
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Dwelling, two-family. A building, or portion thereof, used for occupancy by two
families living independently of each other, and at least one of which is used for rental
residential occupancy.
Dwelling unit. A dwelling, or portion of a dwelling, used by one family for
cooking, living and sleeping purposes.
Effective date. The effective date shall be April 1, 2000.
Hotel or motel. A building, or portion thereof, or group of buildings in which
lodging is customarily provided and offered to the public for compensation and which is
open to transient guests on a daily basis, in contradistinction to a lodging house.
Landlord. The owner of a rental residential dwelling unit who offers residential
property and its dwelling units, not occupied by the owner, to other persons not related
by blood or marriage for some form of compensation through rental payments, lease
payments, or some other similar contractual arrangement.
Lodging house. A building with more than two but not more than ten guest
rooms where lodging with or without meals is provided for compensation.
Nuisance. A tenant's use of a rental dwelling unit, including the building and the
premises relating thereto, which gives offense to or endangers the life or health of
others. The term nuisance shall include such uses as defined under Kentucky law as
nuisances.
Nursing home. An establishment which provides full-time convalescent or
chronic care, or both, for four or more individuals who are not related by blood or
marriage to the operator, and who, by reason of chronic illness or infirmity, are unable to
care for themselves; excepting, however, establishments that predominately provide for
care for the acutely ill or surgical or obstetrical services. A convalescent home and rest
home are included in this definition. A hospital or sanitarium shall not be construed to
be included in this definition.
Person. Includes a firm, association, organization, partnership, trust, company or
corporation as well as an agent, and an individual.
Tenant. A tenant, includes a person(s) under a rental agreement to occupy a
dwelling unit for the purpose of residential occupancy. This includes a person(s)
occupying a residential property by making rent or lease payments, or other similar
agreements where the tenant does not have an equitable interest in the real property.
Tourist home. A building in which more than one but not more than five guest
rooms are used to provide or offer overnight accommodations for transient guests for
compensation. A bed and breakfast establishment is included in this definition.
Sec. 42-63. - Enforcement.
The Fire Prevention Division shall be responsible for the administration and
enforcement of the provisions of this section.
Sec. 42-64. - Rental occupancy permit required.
It shall be unlawful for any landlord to rent or lease to another or otherwise allow
any person to occupy any rental dwelling unit which is subject to this chapter unless the
landlord has first obtained and continues to hold a valid rental occupancy permit.
Sec. 42-65. - Applicability and exceptions.
(a) The provisions of this chapter shall apply to the rental or leasing of rental
dwelling units, and rental dwellings which contain such units, including one- and two-
family rental residential dwelling units, multiple dwelling units, accessory living
quarters, and lodging houses.
(b)The provision of this chapter shall not apply to hotels and motels, nursing
homes, or assisted care dwelling units, residential care facilities as described by KRS
100.982, Hospitals and Sanitariums.
Sec. 42-66. - Application for rental occupancy permits.
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(a) Within 30 days following the effective date, the landlord of a rental dwelling
unit shall make written application to the Fire Prevention Division for a rental
occupancy permit to carry on the business of renting a residential dwelling unit. Such
application shall be made on a form furnished by the Fire Prevention Division for such
purpose and shall set forth the following information:
(I )Name, residence address, telephone number, and date of birth of the landlord
of the rental dwelling unit. If the landlord is a partnership, the name of the partnership,
and the name, residence address, and date of birth of the managing partner. If the
landlord is a corporation or limited liability company, the name and address of the
corporation or company, and the name, residence address and date of birth of the chief
operating officer.
(2)If the landlord has appointed an agent authorized to accept service of process
and to receive and give receipt for notices; the name, residence address, telephone
number, and date of birth of such agent;
(3)Every applicant, whether an individual, partnership, corporation, or limited
liability company shall identify in the application, by name, residence address, telephone
number, and date of birth, a natural person who is actively involved in, and responsible
for, the maintenance and management of the premises. A post office box is not
acceptable as an address for such person. The individual designated herein may also be
the landlord of the dwelling or an agent identified in subsection (2) above;
(4)Street address of the rental dwelling unit; and
(5)Number of rental dwelling units within the rental dwelling;
(b)To determine compliance with this chapter and this Code, every applicant
shall authorize an inspection of the premises.
(c) It shall be unlawful for any person to make any false statements in an
application for a rental occupancy permit.
Sec. 42-67. - Temporary permit.
(a) The Fire Prevention Division shall issue a temporary permit to the landlord of
a rental dwelling unit who has submitted an application and paid the fee required by this
chapter. A temporary permit shall authorize the occupancy of rental dwelling units in
actual existence on the effective date, pending issuance of a rental occupancy permit.
Dwelling units constructed or converted to rental usage after the effective date shall not
be eligible for a temporary permit, and shall not be occupied for human habitation prior
to the issuance of the required rental occupancy permit;
(b)A temporary permit indicates only that the landlord has submitted an
application for a rental occupancy permit. A temporary permit is not a determination that
the rental dwelling or the rental dwelling unit complies with the standards required by
this chapter.
(c) The temporary permit shall be valid until a rental occupancy permit has been
issued or the application for such permit is denied and the stay period for any appeal of
such determination is exhausted.
Sec. 42-68. - Issuance of permit.
(a) Following the filing of an application, a city's Code Official shall cause an
inspection to be made of the rental dwelling unit and rental dwelling identified in the
application. This inspection shall be made within three business days following the date
upon which the application is filed, excepting, however, that in the event the landlord
has been issued a temporary permit under this chapter, such inspection shall be made
within a reasonable period of time taking into consideration the availability of Code
Officials to make such inspection.
(b)Upon completion of an inspection of a rental dwelling and the rental dwelling
units therein, the Code Official shall make a determination as to whether all of the
standards for issuance of a permit have been met. In the event the Code Official
determines that the standards have been met, the Code Official shall cause the issuance
of a rental occupancy permit.
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(c) Only one permit shall be required per lot, provided however, in the case of
multiple rental dwelling units on one lot, the permit shall identify each rental dwelling
unit for which a permit has been approved.
Sec. 42-69. - Standards for issuance of permit.
The standards for the issuance and continuance of a rental occupancy permit
shall be as follows:
(a) The rental dwelling, and the rental dwelling units located therein, and the
grounds and the accessories buildings and structures relating thereto, are in substantial
compliance with the code and all other applicable laws and regulations, and are not
otherwise substandard, hazardous or unfit. In multi -family units, to promote efficiency,
the Code Official shall inspect the minimum units necessary to assess the overall
condition of the premises.
(b)The landlord has been issued an occupation business license and has paid all
fees and taxes as required under chapter 106 of this Code.
(c) The landlord has paid all city ad valorem taxes which are due and payable
against the real properly upon which the building and rental dwelling units are located.
(d)The landlord has paid all fees as required under this chapter.
(e) The landlord has paid all city property maintenance liens on the property for
which a permit is applied.
Sec. 42-70. - Determination of noncompliance.
(a) If a Code Official determines that any dwelling unit or units, or any part of the
premises relating thereto, fail to comply with subsection 42-69(a) or that the landlord
has failed to comply with subsections 42-69(b) through (e), a written notice of the
violation or violations shall be given to the landlord. The notice shall direct that the
landlord shall have a period of ten days to submit to the Code Official a plan consistent
with the code and other applicable ordinances which outlines the landlord's remedy of
the violations and the time period that such remedy shall be effectuated. The notice shall
further state that in the event the landlord fails to submit a plan within said period of
time, the landlord shall effectuate the remedy within a specified period of time as
reasonably determined by the Code Official. The period of time to effectuate a remedy
hereunder shall not at any time exceed the period of time as determined by the Code
Official. A reinspection shall take place after said period of time to determine
compliance. If the Code Official determines that the defects create an imminent hazard
to the health or safety of occupants or the public, the Code Official shall immediately
suspend the applicable temporary permit or a previously issued rental occupancy permit.
(b)Any time period accorded by the Code Official above shall not be extended by
the sale or transfer of any interest in the rental dwelling unless specifically authorized by
the Code Official.
Sec. 42-71. - Denial; suspension.
In the event the landlord's failure to comply continues following the period
accorded the landlord for compliance, the Code Official shall mail the landlord a notice
of a denial of a rental occupancy permit or suspension of a previously issued rental
occupancy permit. A denial of a rental occupancy permit shall automatically suspend the
temporary permit. The notice shall state:
(a) That the Code Official has determined that the landlord has failed to comply
with the standards as set forth in section 42-69.
(b)The specific reason or reasons why the standards have not been satisfied
including copies of applicable inspection reports.
(c) That the denial or suspension of the permit will become effective unless the
landlord appeals the determination within ten days after receipt of the notice in the
manner provided in section 42-73.
(d)That after denial or suspension, the rental dwelling unit or units must be
vacated, and shall not be reoccupied until a rental occupancy permit is issued or is
reinstated after approval by the Code Official.
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(e) The notice shall describe how an appeal may be filed under Section 42-73.
(f) The Code Official shall also cause a notice to tenants to be prominently
posted on the rental dwelling. The notice shall state that the rental occupancy permit for
the rental dwelling unit or units has been denied or suspended, whichever is applicable,
and that the action will become final on a specific date unless the landlord appeals. The
notice shall further state that tenants will be required to vacate the rental dwelling unit
when the action becomes final.
Sec. 42-72. - Revocation of permit—Criminal acts or nuisance.
(a)Any landlord of a rental dwelling unit who knowingly leases or continues to
lease a rental dwelling unit to any tenant who commits or allow others to commit any
criminal act in violation of Kentucky's criminal statutes relating to the illegal sale of
controlled substances or to prostitution or to acts of violence to the person of another
which causes physical injury or the imminent threat thereof, or who otherwise creates or
allows others to create a nuisance on the leased premises, in violation of the provisions
of subsection (b) of this section shall be subject to a revocation of the landlord's rental
occupancy permits as provided herein.
(b)The landlord shall abate such activity in the manner as hereinafter provided:
(1)In the event that the Code Official receives substantiated evidence of such an
act or activity or of a nuisance taking place on the leased premises of a tenant, the Code
Official shall send to the landlord written notice which shall set forth the substantiated
evidence and define the criminal act or activity or nuisance.
(2)In the event that the Code Official sends a second such notice to the landlord
regarding such a criminal act or activity or nuisance on the leased premises of the same
tenant within one year following the issuance of a previous notice, the notice shall
instruct the landlord to bring eviction proceedings against the tenant with the
McCracken District Court or to otherwise provide to the Code Official an alternative
acceptable to the Code Official which effectively abates the continuance of further
criminal activity or nuisance on the leased premises of such tenant. The landlord shall
initiate eviction proceedings or provide an acceptable alternative within ten days
following the landlord's receipt of such second notice. In the event the landlord fails to
initiate the eviction proceedings or otherwise provide an acceptable written alternative
within said period of time, the Code Official may revoke the landlord's rental occupancy
permit if the Code Official determines that the revocation is necessary to protect the
health, safety and welfare of a resident or residents of the neighborhood. Upon
revocation of any rental occupancy permit, no application for a subsequent rental
occupancy permit shall be accepted by the Code Official for such property within six
months of the date of revocation.
(3)Any eviction proceeding brought by the landlord shall be timely and diligently
prosecuted by the landlord in a bonafide manner.
(4) Substantiated evidence shall constitute such evidence as would be probative
in establishing probable cause that such criminal act has been committed or that a
nuisance exists on the leased premises. Substantiated evidence may include evidence of
a lawful arrest, indictment or conviction.
(c) In the event of revocation, the Code Official shall provide a notice of
revocation to the landlord and tenant in the manner as provided in section 42-71.
Sec. 42-73. - Appeals procedure.
(a) Any landlord wishing to appeal the determination of a suspension, revocation,
or denial shall file a written notice of appeal with the Code Enforcement Board within
five (5) days after receipt of the notice of the suspension, revocation, or denial. The
initial appeal shall be taken before the Deputy Chief/Fire Marshal of the Fire Prevention
Division. The Deputy Chief/Fire Marshal of the Fire Prevention Division shall sustain
the decision of the Code Official unless he determines that the provisions of this chapter
have been complied with and that all of the violations have been corrected. The Deputy
Chief/Fire Marshal of the Fire Prevention Division shall make a written determination.
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(b)In the event the Deputy Chief/Fire Marshal of the Fire Prevention Division
sustains the decision of the Code Official of suspension, revocation, or denial, the
landlord shall have the further right of appeal as hereinafter provided. Any landlord
wishing to further appeal the determination of suspension, revocation, or denial shall file
a second written notice of appeal with the Code Enforcement Board within five (5) days
after the landlord's receipt of the Deputy Chief/Fire Marshal of the Fire Prevention
Division's written determination. Thereafter, the appeal process shall follow Section 42-
41, 42-41.5, and 42-42 et seq.
Sec. 42-74. - Vacation of premises.
When an application for rental occupancy permit has been denied or a rental
occupancy permit has been suspended or revoked, the Code Official shall order the
rental dwelling unit or units vacated, giving tenants a reasonable time to arrange new
housing and to move their possessions.
Sec. 42-75. - Duration of permit.
(a) A rental occupancy permit shall be valid until the property ceases to be used
as a rental unit or until ownership of the property is transferred, whichever occurs first,
unless otherwise suspended or revoked under this chapter.
(b)A prospective new owner of a rental dwelling unit shall make application for
a new rental occupancy permit at least ten calendar days prior to the date of sale.
Sec. 42-76. - Inspections.
(a) Inspections of rental dwelling units shall be conducted by Code Officials and
shall take place as follows:
(1)Upon application for a rental occupancy permit.
(2)Upon receipt of a complaint by a tenant or owner of a neighboring property
that the rental dwelling unit or rental dwelling is substandard, hazardous or unfit for
habitation if in the reasonable discretion of the Code Official, probable cause exists that
the complaint is founded in fact and an inspection warranted.
(3)Upon the determination of a Code Official that probable cause exists that any
rental dwelling unit or rental dwelling is in noncompliance with subsection 42-69(a).
(4)Every two-year period.
(b)The Code Official shall adopt a policy of inspecting all rental dwellings which
are required to be permitted under this article. The policy shall contain objectives for the
systematic inspection of all rental dwellings and priorities for the use of scarce
inspection resources. The guidelines shall be based upon the following factors and any
other factors deemed by the city to promote an efficient inspection program:
(1)Geographic distribution and concentration of rental dwellings;
(2)Rental dwellings with delinquent property taxes;
(3)Landlords with properties identified by the Fire Prevention Division as having
an excessive number of housing code violations, or a history of noncompliance, or slow
compliance, with correction orders;
(4)Landlords with properties identified by the Fire Prevention Division as having
a history of demolitions being ordered by the city;
(5)Landlords with properties identified by the Fire Prevention Division as having
a history of demolitions being ordered by the city, and demolished by the city;
(6)Rental dwellings for which no occupation business license or occupancy
permit has been applied; and
(7)Rental dwelling with an excessive number of police calls for illegal drug
offenses, prostitution, violent crimes, or disorderly conduct.
(d)Absent exigent or emergency circumstances, whenever necessary to make an
inspection to enforce any of the provisions of this article, or whenever the Code Official
has reasonable cause to believe that there exists in any rental dwelling or rental dwelling
unit which is required to be permitted by this chapter, any condition or violation which
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makes such dwelling or unit unsafe, dangerous or hazardous, the Code Official may
enter such dwelling or unit at all reasonable times to inspect the same or to perform any
duty imposed by this chapter; provided that if such dwelling unit be unoccupied, he shall
first provide notice and request entry from the landlord; and if such dwelling or unit be
occupied, he shall provide notice and request entry from both the landlord and tenant. If
possible, the Code Official shall first attempt to make arrangements with the landlord
and tenant as to the occurrence of the inspection at least 24 hours prior to the inspection.
If such entry is refused, the Code Official shall have recourse to every remedy provided
by law to secure entry.
Sec. 42-77. - Fees.
There shall be a fee of $25.00 for issuance of a rental occupancy permit and the
initial inspection related thereto and a fee of $25.00 for the renewal of a rental
occupancy permit and the inspection related thereto. There shall also be a fee of $25.00
per inspection for any further follow-up inspection related thereto. These fees shall be
paid to the Fire Prevention Division.
Sec. 42-78. - Display of permit.
(a)Every landlord must show to every prospective tenant before occupancy a
valid rental occupancy permit covering the rental dwelling unit to be rented. Every
landlord must show to any tenant, upon demand, a valid rental occupancy permit
covering the rental dwelling unit the tenant occupies.
(b)Upon demand by any Code Official, the landlord must show a valid rental
occupancy permit to the Code Official.
(c) Upon demand by a municipal utility company, and so ordered by the Deputy
Chief/Fire Marshal of the Division of Fire Prevention, a tenant or landlord, must
produce a valid occupancy permit prior to establishment of utility service.
Sec. 42-79. - Remedies in this chapter not exclusive.
The remedies provided in this chapter are not exclusive. The remedies are in
addition to, and do not supersede or preempt, other remedies such as condemnation,
written violation orders and warnings, criminal charges for violation of substantive
provisions of any city or state code relating to housing maintenance, fire safety, building
codes, zoning, health, and the like. The remedies in this chapter do not supersede or
affect the legal rights and remedies of tenants provided under state law or this chapter.
Where two or more provisions conflict with one another, the more stringent shall apply.
Sec. 42-80. - New construction.
The requirement for a rental occupancy permit and inspection fee shall not apply
to any building for which a certificate of occupancy has been issued by the city until five
years after the issuance of such certificate of occupancy.
Sec. 42-81. - Enforcement by injunction.
The landlord's failure, refusal or -neglect to comply with any of the provisions of
this section may, in addition to any other remedy provided herein or in place thereof, be
restrained, prohibited or enjoined by an appropriate proceeding instituted in a court of
competent jurisdiction.
Sec. 42-82. - Severability.
If any section, subsection, or clause of this chapter shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining sections, subsections,
and clauses shall not be affected.
Sections 42-83 thru 42-100. - Reserved.
SECTION C. Non -exclusivity.
The repeal of these sections in Chapter 42 and enactment of this Ordinance shall
not release any person from an existing lien, fee, cost or other monetary sum, which is in
place on the effective date of this Ordinance. This Ordinance shall not be the exclusive
remedy for the city for violations of the Nuisance Code. The city reserves the right to
assert other liens or remedies available to it for violations of the above provisions.
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SECTION D. Effective Date.
This ordinance shall be read on two separate days, published pursuant to KRS
Chapter 424, and become effective on January 1, 2017.
GAYLE KALER, MAYOR
ATTEST:
CITY CLERK
Introduced by the Board of Commissioners: December 6, 2016
Adopted by the Board of Commissioners December 13, 2016
Recorded by City Clerk, December 13, 2016
Published by The Paducah Sun December 17, 2016
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