HomeMy WebLinkAbout2017-06-8489CITY OF PADUCAH 200843-6
ORDINANCE NO. 2017-6-8489
AN ORDINANCE OF THE CITY OF PADUCAH,
KENTUCKY, AMENDING CHAPTER 42 OF THE
PADUCAH CODE OF ORDINANCES, ENTITLED
CODE ENFORCEMENT BOARD
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
WHEREAS, the City of Paducah has recently adopted a total revision to
Chapter 42, sections 1 thru 100, of the City of Paducah Code of Ordinances in its
entirety; and
WHEREAS, the replacement needs further revision, some additions and
modification;
NOW, THEREFORE, be it ordained by the City of Commission of the City
of Paducah as follows:
Section 1. That Section 42-32 "Definitions" is hereby amended to read as
follows:
"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:
(a) 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.
b) 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.
(d) 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.
(e) Code shall mean any ordinances adopted by the city in chapter 42, articles
I, II and/or III herein.
(f) Demolition by neglect shall mean a situation in which a property owner
allows a structure or building to suffer severe deterioration beyond the
i� point of repair.
_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.
h Imminent Danger means a condition which is likely to cause serious or
life-threatening injury or death at any time.
El
(i) Owner means a person, association, corporation, partnership or other legal
entity having a legal or equitable title in real property.
(i) 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.
l _Remedy shall mean the action taken to abate any nuisance to bring
property in violation of the nuisanee code into compliance with the
requirements of this chapter."
Section 2. That Sections 42-34(b) and 42-24(c) "General powers" is hereby
amended to read as follows:
"(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 nuisanee 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 nuisanee-code violations, but shall
not have the 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."
Section 32-. That Section 42-39 "Powers of the Code Enforcement Board" is
hereby amended as follows:
"(i) To conduct hearings to determine if a property owner has allowed a
property to become condemned and incur violations by demolition by
neglect."
(i) To set a regular monthly meeting date and call special meetings as
needed."
Section -34. That Sections 42-40(b), 42-40(e), 42-40(f), and 42-40(g)
"Enforcement hearing" are hereby amended to read as follows:
"(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} seven -(7 -days to remedy the
violation without fine and advise the offender that the violations may be
referred to the county attorney or the commonwealth attorney for criminal
prosecution. The offender may be allowed a reasonable extension of time
to remedy the violation without fine at the discretion of the Code
Enforcement Officer, if requested by the offender.
(e) The citation issued by the Code Enforcement Officer shall contain the
following information:
12. Notice that violation may be referred to the county attorney or
commonwealth attorney for criminal prosecution.
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(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 Fmisanee code. If the person fails to
respond to the citation within seven (77) 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 fina eraor
determinging that the violation was committed, no contest was initiated,
andcause the violation to be abated and/or impose the fine set forth
in the citation and then enter the final order. 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
nuisanee code. A copy of the final order shall be served on the offender."
Section -45. That Sections 42-41(c) and 42-41(e)(1) "Enforcement hearing;
notice; and final order, " are hereby amended to read as follows:
"(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.
(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 violation to be
abated, if not already abated, and/or impose the fine set forth in the
citation. The fiaa order- shall provide the offender- reasonable time +„
remedy the viela4ion. 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 nuisanee 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 proce-ss 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. The Code Enforcement Board may
determine that the violations and the real property owner should be
referred to the county attorney or commonwealth attorney for criminal
prosecution.
(f) Every final order or findings of fact 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 or findings of fact
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."
Section 6. That Section 42-39(h), Powers of the Code Enforcement Board" is
hereby amended to read as follows:
"(h) To conduct hearings to consider appeals from the determination of the
Deputy Chief/Fire Marshal of the Fire Prevention Division as to the
suspension, revocation, or denial of a rental occupancy permit in
accordance with Section 42-41.5."
Section -57. That Section 42-42(b), "Appeals; final judgment" is hereby amended
to read as follows:
"(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 nuisanee-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."
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Section S. That Section 42-43(a), "Ordinance fine Schedule" is hereby amended
to read as follows:
"(a) If a citation for a violation of the nuisanee 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 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:
Inspections
fnspe 4io and All
.tiefis
4 th5t
Subsequent inspe
Each Occurrence
Abandoned Vehicles and Appliances, Grass,
Inspection
Weeds, Litter, Solid Waste, Other Nuisances
$100.00
Defined by 42-50(a)(1-7)
Inspections
3r
4 th5t
Inspection and All
Inspection
Inspection
Subsequent
Inspections
Property
$250.00
$350.00
$500.00
Maintenance
(b) If the citation is contested and a hearing before the Code Enforcement
Board is required, the penalties may be imposed
doubled at the discretion of the board per inspection not to exceed the
value of the property as recorded by the Property Valuation
Administrator."
Section 59. That Section 42-44(g), "Lien; fines, charges, abatement costs, fees,
penalties, attorney fees and costs " is hereby amended to read as follows:
"(g) The provisions of this article shall be enforced in the same manner as
other violations of this Code. Any person violating any of the provisions
of this article shall be deemed guilty of a Class B misdemeanor, and upon
conviction thereof, shall receive a fine not to exceed $250.00 or a jail
sentence not to exceed 90 days for each offense. Each dgy that such
violation continues shall constitute a separate offense. This article and the
foregoing penalties shall not be construed to limit or denthe right of the
citv or anv Berson to such eauitable leizal remedies as may be available by
law."
Section 610. That Sections 42-46(b) and 42-46(f), "Ordinances enacted for
enforcement" and the International Property Maintenance Code are hereby amended to
read as follows:
" ) 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.
iA
(2) Section 103.5 refer to Section 42-43(b) Ordinance fine
schedule [delete seetien
(3) Section 104.7 A Property Maintenance Permit shall be required for
the abatement of violations under any of the provision of this code.
4) Section 104.8 Prior to a valid work permit beinsz issued to an
individual or legal entity, the individual or legal equity must have
no other valid work permits for properties (a) where further code
enforcement is necessar�or ongoing, or b) where work has ceased
or it not being completed in a workmanlike or acceptable manner
so as to address the scope of work authorized by any other valid
work permits. Additionally, prior to a valid work permit being
issued to any individual or legal entity, the individual or legal
entity must have no other monies owed to the City of Paducah by
way of back taxes, citations, liens, assessments, or other costs or
charges. Whenever a valid work permit has been issued to up rade
or repair a structure on which the Code Official has served notice
to make corrections or repairs required by such notice the up [grade
or repairs shall be commenced within ten days.
All work shall be conducted, installed and completed in a
workmanlike and acceptable manner so as to serve the results
intended by the order.
Any cessation of the normal construction or repairs may cause the
permit to become invalid.
No work permit shall be issued for a structure when the original
permit has become invalid without the applicant goingthrough hrough the
appeals process.
(5) Section 111 Means of Appeal is deleted. The Means of Appeals
shall be as the contest procedure to the'rCode Enforcement
Board as provided in this article.
(6) Section 202.
Insert: Public Nuisance: Includes, but is not limited to any of the
following:
1. Any physical condition or occupancy of anv premises or
appurtenances considered an attractive nuisance to
children, including, but not limited to, abandoned wells
shafts, basements, excavations and unsafe fences or
structures;
2. Any premises that has unsanitary sewerage or plumbing
facilities,
3. AU premises designated as unsafe for human habitation;
4. Any premises that is manifestly capable of being a fire
hazard, or is manifestly unsafe or unsecure so as to
endanger life, limb or property
5. Anypremises from which the plumbiniz, heatina or
facilities required by this code have been removed or
from which utilities have been disconnected destroy
removed or rendered ineffective, or the required
precautions against trespassers have not been provided;
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6. Any premises that is unsanitary, or that is littered with
rubbish orag rbage, or that has an uncontrolled growth of
weeds; or
7. Anv structure that is in a state of dilapidation
deterioration or decay; faulty construction; overcrowded;
open, vacant or abandoned; damaged by fire to the extent
so as not to provide shelter; in danger of colla sp e or
failure; and dangerous to anyone on or near the premises.
(7) Section 301.4 Public Nuisance. All premises shall be kept free
from public nuisances as defined in Section 202.
(8) Section 302.4 Insert: 10 inches
(9) 304.14 (p.10, first and second line).
Insert: May 1 thru October 31.
(10) Section 602.3 (p. 17, fifth line).
Insert: September 1 thru May 31.
(11) Section 602.4 (p. 17, third line).
Insert: September 1 thru May 31.
(12) The term "Code Official," as used in the International Property
Maintenance Code, shall be deemed to be, inspectors in the Fire
Prevention Division and shall be charged with the administration
and enforcement of this code.
(13) The code enforcement section is hereby created in the Fire
�-- Prevention Division and shall be charged with therp iniga
responsibility of enforcement of this code.
(14) The Board of Appeals referred to in the International Property
Maintenance Code shall be the Code Enforcement Board, as set
forth in this article.
(f) Collection of costs incurred by city. The city shall be entitled to recover
from any responsible party or parties all reasonable attorney fees and other
costs and expenses incurred by the city by reason of the collection upon
and the enforcement of the responsible party's or parties' liability, and the
lien which secures same, under the International Property Maintenance
Code as adopted by the city &r n4e Q? c Q� �� "
Section 11. That Section 42-47: "-Litter" is hereby amended to read as
follows%
"(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
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
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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
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 ofplacing 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.
0) 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 truck 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 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."
Section 12. That Section 42-48(d), "Vehicles and appliances" is hereby
amended to read as follows:
"(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 -seven 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 nuisanee 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."
Section 13. That Section C, "Non -exclusivity" is hereby amended to read as
follows:
.0
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 -Nuisaaee Code. The city
reserves the right to assert other liens or remedies available to it for violations of
the above provisions."
Section 14. Effective Date. This Ordinance shall be read on two (2) separate
days and will become effective upon summary publication pursuant to KRS Chapter 424
MAYOR PRO TEM
ATTEST:
L m T y t e, W B—M—J, e —4��
CITY CLERK
Introduced by the Board of Commissioners June 13, 2017
Adopted by the Board of Commissioners June 27, 2017
Recorded by City Clerk, Tammara Sanderson, June 27, 2017
Published by The Paducah Sun, June 30, 2017
Ord\INSP\42 — Amend Nuisance Code Ordinance
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