HomeMy WebLinkAboutOrdinances Book 14, Page 66, No Ordinance Number66/
A:,! OiDII'?AI?CE ESTABLISHING KTi?IMUM STANDARDS GOVERNTJG THE CONDITION
AND MAINTENANCE OF HABITABLE DWELLINGS IN THE CITY OF PADUCAH, PROVIDING
PENALTIES FOR ITS VIOLATION AND ESTABLISHING A HOUSING BOARD OF APPEAL
BE IT ORDAINED BY THE BOARD OF COIJRUSSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
Section 1 - That all persons, firms or corporations owning, con-
trolling or letting property for occupancy for duelling purposes in the
City of Paducah shall be subject to the requirements of this Ordinance
and shall conform to the provisions hereof and be subject to the penalties
set forth herein.
Section 2 - Unless the content otherwise requires, words used in
this Ordinance have the following meanings:
a. Apartment - same as dwelling unit as defined under (g).
b. Basement shall mean a portion of a building located partially
underground, and having less than one-half of its clear floor
to ceiling height below the average grade of the adjoining
ground, 1
c. Building Inspector shall mean the Chief Building Inspector of
the City of Paducah, or his authorized representative.
d. Cellar shall mean a portion of the building located partially or
wholly underground, and having half or more than half of its
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clear floor to ceiling height below the average grade of the
adjoining ground.
e. Director of Public '.forks when referred to herein shall mean the
Director of Public :forks of the City of Paducah.
Dwelling shall mean any building or part thereof used of intended
to be used for living or sleeping by human occupants; provided
that temporary housing as hereinafter defined shall not be re-
garded asr.a dwelling.
g. Dwelling unit shall mean any room or group of rooms located within
a dwelling and forming a single habitable unit with or without facili-
ties which are used or intended to be used for living.., sleeping,
cooking and eating.
h. Fire Chief shall mean the Chief of the Paducah Fire Department
or his authorized representative.
i. Garbage shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food and
similar animal and vegetable refuse.
b'7
j. Habitable room shall mean a room or enclosed floor space used
or intended to be used for living, sleeping, cooking or eating
purposes, excluding bathrooms, water closets, compartments,
laundries, foyers or communicating corridors, closets and
storage spaces.
k. Health Officers shall mean the Health Officer or the Adminis-
trator of the Paducah -McCracken County Health Department or their
authorized representatives.
1. Lessee shall mean any person who by written contract or lease
or by any week to week or month to month tenancy agreement
shall have the right to occupy a dwelling or dwelling unit.
m. Multiple dwelling shall mean any dwelling containing more than
one dwelling unit.
n. Nuisance is a public nuisance as known at common law or in
equity. Anything that is dangerous to human life or health, in,
under, over, around, or about a dwelling unit, or that renders
the air or human food or drink therein unwholesome; and any
dwelling or dwelling unit, or part thereof, that is not
sufficiently supported, ventilated, drained, cleaned or lighted,
are also nuisances.
o. Occupants shall mean any person,.living, sleeping, cooking or
eating in, or having actual possession of, a dwelling unit or
rooming unit.
p. Operator shall mean any person having charge, care or control
of a building, or part thereof, in which dwelling units or
rooming units are let.
q. Owner shall mean any person, who, alone or jointly, or severally
with others:
a. Shall have legal title to any dwelling unit, with or without
accompanying actual possession thereof, or
b. Shall have charge, care or control of any dwelling or
dwelling unit, as owner or agent of the owner, or as
executor or executrix, administrator, administratrix,
trustee or guardian of the estate of the owner. Any such
person thus representing the actual owner shall be bound
to comply with provisions of this Ordinance imposed upon
the owner.
r. Person shall mean and include any individual, firm or corporatic
association or partnership.
s. Plumbing shall mean and include all of the following supplies
and equipment:
Water pipes, garbage disposal units, ;caste pipes, :rater
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closets, lavatories, sinks, installed dishwashers,
bathtubs, shower baths, installed clothes washing
machines, catch basins, drains, vents, and any other
similar supplied fi::tures, together with all connection
to grater and sewer lines.
t. Plumbing Inspector when referred to herein shall mean the
Plumbing Inspector of the State Board of Health for Paducah and
McCracken County or his authorized representatives.
u. Public Officer when referred -to herein shall mean the officer
or officers who are authorized by this Ordinance to exercise
the powers prescribed by the Ordinance, and can be the Building
Inspector, Fire Chief, Health Officer, Plumbing Inspector, or
their authorized representatives and/or a person designated or apps
inted for the express purpose, by the Mayor or City Manager with
the approval of the Board of Commissioners:
v. Rubbish shall mean conbustible or non-combustible waste materials
except garbage; the term shall include residue from the burning
of wood, coal, coke.
w. Rubbish storage facilities and garbage storage facilities shall
mean outside containers in which rubbish and garbage are tempo-
rarily stored for collection.
x. Supplies shall mean paid for, furnished, or provided by control
of the owner or operator.
y. Temporary housing shall mean any tent, trailer or other
structure used for human shelter which is designated to be
transportable and which is not attached to the ground, to another
structure, or any utility system on the same premises for more
than 30 consecutive days.
Section 3 - No person shall occupy as owner -occupant or let to
another for occupancy any dwelling or duelling unit, for the purpose of
living, sleeping, cooking or eating therein, which does not comply with
the following requirements:
1. Every dwelling unit shall contain a kitchen sink in
good working condition and properly connected to a
crater and sewer system as approved by the Plumbing
Inspector.
2. Every dwelling unit (e:x ept as otherwise permitted under
Sub -section 4 of this Section) shall contain a room which
affords privacy to a person within said room and which is
equipped with a flush water closet and a lavatory basin in
good aorkinZ condition and property connected to a water and
sewer system as approved by the Plumbing Inspector.
3. Every dwelling unit (except as otherwise permitted
under Sub -section 4 of this Section) shall contain,
within a room which affords privacy to a person within
said room, a bathtub or shower in good working condition and
properly connected to a water and sewer system as
approved by the Plumbing Inspector.
L;. The occupants of one or more dwelling units, but not
to exceed ten persons in total number, may share a
single flush water closet, a single lavatory basin and
a single bathtub or shower. Such water closet, lavatory
basin, and bathtub or shower shall be in good working
condition and properly connected to a water and sewer
system as approved by the Plumbing Inspector.
5. Every kitchen sink, lavatory basin, and bathtub or
shorter required under Sub -sections 1, 2, 3, and 4, of
this Section of this Ordinance shall be properly
connected with both not and cold water lines, as
approved by the Plumbing Inspector.
6. Every dwelling unit shall have supplied water -heating
facilities which are properly installed and maintained
in a safe and good working condition, and properly
connected with hot water lines required under the
provisions of Sub -section 5 of this Section of this
Ordinance, and are capable of heating water to such a
temperature as to permit an adequate amount of water
to be drawn at every required kitchen sin':, lavatory
basin, bathtub or shower at a temperature of not less
than 120 degrees F. Such supplied water -heating facilities
shall be capable of meeting the requirements of this Sub-
section at all seasons of the year.
7, :9here the requirements of Sub_sections 1, 2, 3 and
4, of this Section cannot be complied with because
sewer facilities are not available to the property,
then a properly installed and acceptable septic tank
that is approved by the Plumbing Inspector shall
be installed.
$. The owner or occupant shall have:
a. Twelve (12) months from the effective date of
this Ordinance to comply with the requirements
of Sub -section 1 of Section 3 of this Ordinance.
b. Twenty-four (24) months from the effective date
of this Ordinance to comply with the requirements
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of Sub -section 2 of Section 3 of this Ordinance.
c. Five (5) years .from the effective date of this
Ordinance to comply with the requirements of Sub-
sections 3, 4 and 5 of Section 3 of this Ordinance.
9. Every dwelling unit shall be supplied with adequate
rubbish storage facilities. The type and location of
which shall be in accordance with regulations prescribed
by the Director of Public Warks, the Health Dfficer and
the Chief of the Fire Department. In .the case of dwell-
ings consisting of four or more dwelling units, rubbish
storage facilities shall be supplied by the owner, unless
the rental agreement provides otherwise. In the case of
dwellings consisting of fewer than four units, the rubbish
storage facilities shall be supplied by the occupant,
unless the rental agreement provides otherwise.
10. Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers. The type and
location of which shall be -in accordance with regulations
prescribed by the Director of Public Works and the Health
Officer. In the case of dwellings consisting of four or
more dwelling units, garbage containers or garbage disposal
facilities shall be supplied by the owner, unless the
rental agreement provides otherwise. .In the case of
dwellings consisting of fewer than four units, the garbage
storage containers or garbage storage facilities shall be
supplied by the occupant, unless the rental agreement
provides otherwise.
SECTION 4. - No person shall occupy as ormer-odcupant or let
to another for occupancy any dwelling or dwelling unit for the
purpose of living therein which does not comply with the f011owing
requirements:
1. Every habitable room in a dwelling or dwelling unit shall
contain at least one window or skylight opening directly
to the outside air, unless some other device is supplied to
adequately ventilate the room, and the total area of such
window or windows or skylight shall not be less than 10,.", of
the floor area of such room. Whenever walls or other
portions of structures face a window of any such room and
such light -obstruction structures are located less than
three feet from the window and extend to a level above
that of the ceiling of the room, such a window shall not
be deemed as contributing to the required minimum total
window area.
2.
3.
4.
5.
6.
7.
All sash of windows or skylights shall be glazed and
provided with suitable hardware and the openable portion
shall not be less than 5;u of the floor area of such room,
Every dwelling and every dwelling unit shall be
weatherproof and capable of being heated to a
temperature of at least 70 degrees F. at a distance
three feet above the floor level when the outside
temperature is -5 degrees F. The heating facilities
in every dwelling and dwelling unit shall be properly
installed and ventilated and shall be maintained in a
safe and good working condition by the occupant unless
the rental agreement provides otherwise.
Uhen there is electric service available within 300 feet
of a dwelling, every habitable room in the dwelling or
dwelling unot shall contain at least one electric
convenience outlet or fi-xture. Every such outlet or
fixture shall be properly installed and maintained in a
good and safe working condition, and shall be connected
to the source of electric power in a safe manner.
Every public hallway and stairway of structures devoted
solely to dwelling occupancy shall be provided with a
safe and adequate lighting system controlled by conveniently
located light switches, that the lights may be turned on
as needed.
There shall be for each dwelling unit, a separate access
to a hallway, landing or stairway to ground level or
street.
During that portion of each year when the Health Officer
deems it necessary for protection against mosquitoes,
flies, and other insects, every door opening directly
from a dwelling unit to outside space shall have supplied
screens and a self-closing device; and every window or
other device with openings to outdoor space, used or
intended to be used for ventilation shall likewise be
supplied with screens. In case of dwellings consisting
of four or more dwelling units, the screens shall be
furnished by the owner unless the rental agreement provides
otherwise. In case of dwellings consisting of fewer than
four dwelling; units, the screens shall be furnished by the
occupant, unless the rental aSreement provides otherwise.
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8. The basement or cellar of every dwelling shall be
-reasonable dry and ventilated and shall be kept free from
rubbish accumulation and rodent infestation. Every
basement or cellar window used or intended to be used for
ventilation and every other opening to a basement which
might provide an entry for rodents, shall be supplied
with a screen or such other device as will effectively
prevent their entrance.
9. Ato room in any basement shall be occupied as a habitable
room unless:
a. The clear inner height is at least 6r ger and
b. The floors and walls are waterproof and dampproof
in accordance with accepted building methods and
standards.
c. Every basement dwelling unit must in all cases
comply vri.th all a€ hg minimum standards set
out in this Ordinance.
d. There shall be provided two means of entrance
and exit from the.basement.
10. Pio cellar space shall be used as a habitable room
or dwelling unit.
11. All courts, yards or other areas on the premises of
every dwelling shall be properly graded and drained.
12. The owner or occupant shall have twelve (12) months
from the effective date of this Ordinance to comply
with the requirements of Sub -section 1 through 11
of Section 1� of this Ordinance.
. Section 5 - I+Io person shall occupy as owner occupant or let to
another for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not comply with the following requirements:
1. Every foundation, floor, wall, ceiling and roof shall
be reasonably weathertiCht, watertight and rodent -proof;
shall be capable of affording privacy; and shall be
kept in good repair.
2. Every window, exterior door, and basement hatchway
shall be reasonably weathertight, watertight and
rodent -proof; shall be capable of affordi-riq privacy;
and shall be kept in good repair.
3. every inside and outside stair, every porch and every
appurtenance thereto shall be constructed so as to be
safe to use and capable of supporting the load the
normal use may cause to be placed thereon; and shall
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be kept in sound condition and good repair.
4. very plumbing fixture and waste water pipe within a
single dwelling unit and used principally by occupants
of that dwelling unit shall be maintained in good
samitary working condition free from defects, leaks
and obstructions by the occupant of that dwelling unit,
unless it is otherwise provided by a rental agreement.
In the case of plumbing fixtures and waste water pipes
within a dwelling and used by occupants of more than
one dwelling unit, such fixtures and pipes shall be
maintained in good sanitary working condition free
from defects, leaks and obstructions by the owner.
5. Ho person shall occupy or let to any other person for
occupancy any vacant dwelling or dwelling unit unless
it is clean, sanitary and fit for human occupancy. If
in the opinion of the Public Officer or Officers a
dwelling or dwelling unit has been erected, altered or
occupied contrary to law, or if a dwelling or dwelling
unit is infected with a contagious disease or is dangerous
to life or health by reason of want of repair or defects
in drainage, plumbing, ventilation or construction, or
by reason of the existence on the premises of a nuisance,
the Public Officer or Officers may require all persons
to vacate the dwelling or dwelling unit within not less
than 24 hours nor more than 10 days for reasons set out
in their order. In case that order is not complied with,
the Public Officer or Officers may cause thk dwelling
unit to be vacated until such time as the condition upon
which the order is based has been corrected.
6. Every roof of a dwelling or dwelling unit shall be kept
in good repair and free from obstruction by the owner,
unless otherwise provided by the rental agreement.
7. All dwellings, fences and outbuildings in a dilapidated,
structurally unsound or unsafe condition, or any dwelling
or outbuilding that may constitute a fire hazard shall
be removed or repaired as may be ordered by the Public
Officer or Officers.
$. Every p;ener of a dwelling containing more than four
dwelling units shall be responsible for maintaining in
a clean and sanitary condition the shared or public
area of the dwelling unit,,and premises thereof.
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9. Every occupant of a dwelling or dwelling unit shall keep
in a clean and sanitary condition that part of the
dwelling, dwelling unit, facilities, and yard free from
accumulation of dirt, filth, rubbish, weeds overgrowth
or similar matter, and shall keep free from vermin and
rpdent infestation all parts of the premises which he
and his family occupies, uses and controls.
10. This Ordinance is not intended to amend, alter, or
repeal and does not amend, alter or repeal the Building,
Health, or Fire Code of the City of Paducah.
Section 6 - IJo person shall occupy or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living therein,
which does not comply with the following requirements:
1. Every dwelling unit shall contain at least 45 square
.feet of.floor space for the first occupant thereof and
at least 45 additional square feet of floor space for
every additional occupant thereof, the floor space to
be calculated on the basis of total habitable room area.
2. In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes by one occupant shall
contain at least 60 square feet of floor space, and
every room occupied for sleeping purposes by nore than
one occupant shall contain at least 40 square feet of
floor space for each occupant thereof over 12 years of
age, and at least 30 square feet for each occupant
thereof under 12 years of age.
3. At least one-half of the floor area of every habitable
room shall have a ceiling height of at least 7 feet;
and the floor area of that part of any room where the
coiling height is less than 5 feet shall not be
considered as par'. of the floor area in computing the
total floor area of the room for the purpose of deter-
mining the maximum permissible occupancy thereof.
Section 7 - into person shall by construction, alteration or
otherwise create a dwelling or Multiple dwelling, nor shall any person
occupy, rent, lease or offer for rent or lease to another for occupancy
any dwelling or duelling units so created for the purpose of living,
sleeping, cooking or eating therein, which does not comply with the
folio-.11in,g requirements:
1. Every dwelling; unit shall contain a kitchen sink
in good norking condition and properly connected
to a waiver and sewerage system as approved by the
Plumbing Inspector.
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2. Every dwelling unit, except otherwise permitted
under Sub -section 3 of this Section shall contain
a -room or rooms which afford privacy to a person
within said room or rooms and Which is equipped
with a flush water closet, lavatory basin and
bathtub or shower in good working condition and
properly connected to a water and sewerage system
as approved by the Plumbing Inspector.
3. Where there are apartments consisting of only one
or two rooms; provided that, for the provisions of
this subsection, a kitchenette or an efficiency
kitchen with not more than 60 square feet of floor
area shall not be counted as a room; and that the
habitable area of each such dwelling unit is not in
excess of 250 square feet of floor area, subsections
1 and,2 may be satisfied if there be at least one
public flush water closet, single lavatory basin and'
single bathtub or shower in good working condition and
properly conmted to a water supply and sewer system
as approved by the Plumbing Inspector for each four
families or for each ten persons, whichever is controlling.
fir. Every kitchen sink, lavatory basin, and bathtub or
shower required under the provisions of subsections
1, 2 and 3, of this Section shall be properly
supplied with both hot and cold water.
5. All dwelling units shall have safe,unobstructed
means of egress leading to safe and open space at
No
ground level as required by state and local laws {
�k -
Section $ - The Chief Building Inspector is charged with the ���� 1
enforcement of the provisions of this Ordinance and will aprk in close i ;5 -
coordination with the Health Officer, Fire Chief, and Plumbing Inspector. `I g
The Chief Building Inspector is hereby empowered to prescribe, adopt and
promulgate and enforce rules and regulations relating to any matter or
thing pertaining to the administration and enforcement of the provisions
of this Ordinance, including, but not limited to, the preparation of the
necessary forms, the necessary inspections and to working out the details
for joint and several examinations by the Public Officers.
2. ':Whenever a petition is filed with a Public Officer by at
least five residents of the City charging that any dwelling-, is unfit for
human habitation, or whenever it appears to the Public Officer that any
dwelling is unfit for human habitation, the Public Officer shall, if his
preliminary investiCation discloses a basis for such char -,es, issue and
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cause to be served upon the owner of and the parties in interest in such
duelling a complaint statinU the charges in that respect. The complaint
shall state; That a hearing will be held 'before the Public Officer at a
place herein fixed not less than 10 days nor more than 30 days after the
serving of the complaint; that the owner and parties in interest may file
an answQr to the complaint and to appear in person or otherwise, and give
testimony at the place and time fixed in the complaint; and that the rules
of evidence prevailing in courts of law or equity shall not be controlling
in hearings before the Public Officer.
Section g - Any dwelling or dwelling unit which has become unfit
for human habitation because it has deteriorated so as to become unhealthfu3
insanitary or so difficult to heat as to be unhealthful or because of failux
to comply vrith any other of the terms of this Ordinance, or because the
owner or occupiny has failed to comply with the orders of the Public Officer
or Officers, based on the provisions of this Ordinance, or the rules and
regulations adopted by the Chief Building Inspector, pursuant to the
provisions of this Ordinance, may be condemned by the Public Officer or
Officers and shall be vacated within ten (10) days after it is ordered by
any of the aforementioned officers. If it shall be found that any duelling
or dwelling unit fails to comply with the terms of this Ordinance or the
rules and regulations adopted pursuant hereto, the Public Officer or
Officers shall issue an order requiring such dwelling to be vacated. A
copy of such order shall be posted on the front of the dwelling or duelling
unit at least ten (10) days before it shall be effective unless the
situation requires immediate action. In such case,'the effective time
shall be as determined by the Chief Building Inspector. A copy of the
order shall be sent to the owner of the property or his agent. This
section is not intended to and does not change, alter, amend or repeal
the Building Codes, Fire Codes, or Plumbing Codes of the City of Paducah.
Section 10 - There is hereby created a I:ousing Board of Appeal
consisting of five (5) members to be appointed by the Mayor of the City of
Paducah :lith approval of the Board of Commissioners. The appointment of one
member shall be for the term of one year, one member for the term of t:lo
years, one member for the term of three years, one member for the term of
four years, and one member :for the term of five years, and on the e:,piration
of each of said terms respectively, and thereafter, the term of each of such
members shall be for five years:, and until their successors are appointed an
qualified. If, however, any appointed_•tember fails to attend at least seven
of the monthly mootings of the housing Board of Appeal, within any one year,
that member can be removed at any time by the Board of Commissioners. A
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member of the Housing Board of Appeal is eligible to succeed himself. A
vacancy in the membership shall be filled by an appointee of the Mayor of the
City of Paducah with the approval of the Board of Commissioners, for the
unexpired portion of the term. All the Housing Board of Appeal members shall
serve without compensation other than recovery of actual expenses, should any
be incurred by the functions of the Board.
2. The Board shall meet at -least once a month on a day to be
determined by the Board. The Board shall have the power to make rules and
regulations governing its meetings and procedures during appeal. Appeal may
be taken to the Housing Board of Appeal by any person aggrieved by any
decision of the Public Officer or Officers. The appeal shall be filed
within ten (10) days after receipt of notice by the Public Officer or
Officers that the dwelling or dwelling unit shall be vacated. The appeal
shall state the agg-rieved person?s ground and why said dwelling or dwelling
unit should not be condemned and a copy of said appeal shall be served upon
the Public Officer or Officers who have ordered the vacation. The filing
of the appeal shall automatically suspend the action of the Public Officer
or Officers until such time as the Appeal has been acted on by the Housing
Board of Appeal. The Board shall, after receiving an appeal, fix the time
and place for the hearing of the appeal, the hearing to be within a reason-
able time after the filing of the notice of appeal. Notice of the time and
place of hearing shall be sent to the appellant and the Public Officer or
Officers ordering vacation.
3. The Housing Board of Appeal shall have jurisdiction under this
Ordinance to hear and decide appeals where it is alleged that there is error
in any order, requirement, decision or determination made by the Public
Officer or Officers in the enforcement of this Ordinance.
4. In exercising the above mentioned powers the Board of Housing
Appeal shall decide, according to the provisions of this Ordinance, and may
reverse or affirm wholly or partly or may modify the order, requirement or
determination appeded from and may make such order, requirement, decision
or determination as ought to be made. The Board shall act by majority vote
and a quorum shall, consist of at least three (3) members. The decision of
the Housing Board of Appeal shall become effective immediately _"olloaing the
Board's final decision, and the appellant and aforementioned Public Officer
or Officers who have ordered the vacation shall be notified of the deter-
mination.
5. any person, firm, or corporation affected by an order issued
by the Public Officer or Officers and such order having been confirmed by II
the Board of Appeal, may within si_cty days after the posting and service
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of the order, petition the Circuit Court for an injunction restraining the
Public Officer or Officers from carrying out the provisions of the order,
and the Court may issue a temporary injunction restraining the Public
Officer or Officers pending the final disposition of the cause. Hearings
shall be had by the Court on such petitions within tiienty days, or as soon
thereafter as possible. In such proceedings the findings of the Public
Officer or Officers as to facts, if supported by evidence, shall be
conclusive. Costs shall be in the discretion of the Court. The remedies
herein provided shall be exclusive remedies for no person affected by the
order of a Public Officer shall be.,6ntitled to recover any damages for
action taken pursuant to any order of the Public Officer, or because of
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non-compliance of such person with any order of the Public Officer.
6. If the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the dwelling,
the Public Officer may cause the dwelling to be repaired, altered or
improved, or to be vacated and closed. The Public Officer may cause to be
posted on the main entrance of any dwelling so closed a placard with the
following words: "This building is unfit for human habitation; the use of
occupation of this building for human habitation is prohibited and j
unlawful."
7. If the owner fails to comply with an order to remove or
demolish the dwelling, the Public Officer may cause such dwelling to be
removed or demolished.
g. The amount of the cost of repairs, alterations or improvements,
or vacating and closing, or removal or demolition shall be a lien upon the
real property upon which such cost was incurred. If the dwelling is
removed or demolished by the Public Officer, he shall sell the materials
of the dwelling and shall credit the proceeds of such sale against the
cost of the removal or demolition and any balance remaining shall be
deposited in the Circuir Court by the Public Officer, shall be secured
in such manner as may be directed by such Court, and shall be disbursed
by such Court to persons found to be entitled thereto by final order or
decree of such Court.
Section 11 - The Public Officer or Officers are authorized to
exercise such powers as are necessary or convenient to carry out and
effectuate the purposes and provisions of the Ordinance: to investigate
the dwelling conditions in the City in order to determine which dwellings
therein are unfit for human habitation; to administer oaths, affirmations,
e::amine witnesses and receive evidence; to enter upon premises for the
purpose of making e-aminations; but such entries shall be made in such
manner as to cause the least possible inconvenience to the persons in
7,
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possession; to appoint and fix the duties of such officers, agents, and
employees as he deems necessary to carry out the purposes of the Ordinance;
and to delegate any of his functions and powers under the Ordinance to such
officers and agents as he designates.
Section 12 - Nothing in this Ordinance shall be construed to
counteract, contravene or avoid any requirement that the owners of improved
real estate in'the city shall, within twelve months from the time of
completion of any sanitary or combined storm and sanitary sewers, connect
the improvements thereon to such sewer where sewer service is available,
contained in an Ordinance pertaining to such requirement adopted by the
General Council of the City on February 23, 1927 and amended on January 20,
1959 by the Board of Commissioners of the City.
Section 13 - The provisions of this Ordinance are severable.
If any sentence, clause or section or part of this Ordinance or the
application thereof to any particular state of case is for any reason found
to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or repeal any of the remaining
provisions, sentences, clauses or sections or parts of this Ordinance, it
being the legislative intent of this body to ordain and enact each provision,
paragraph, sentence, and part hereof separately and independently of each
other.
Section 14 - Any person; .firm or corporation violating any
provision of this Ordinance shall be fined not less than ;;10.00 nor more
than 3`50.00 or may be imprisoned in the city jail for not more than thirty
(30) days, or both, and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
Section 15 - This Ordinance shall be in full force and effect thirty
(30) days after its adoption and publication.
oq7yor
Passed by the Board of Commissioners May 12, 1959
Recorded by Sarah Thurman, "City Clerk, I -lay 12, 1959