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HomeMy WebLinkAboutOrdinances Book 15, Page 268, No Ordinance Number26$ V/ AN ORDINANCE ADDING SECTIONS 8-A, 8-B, 8-C AND 8-D TO AN ORDINANCE ENTITLED "AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF HABITABLE D:V]ELLINGS IPI THE CITY OF PADUCAH, PROVIDING PENALTIES FOR ITS VIOLATION AND (� ESTABLISHING A HOUSING BOARD OF APPEAL", WHICH WAS ADOPTED BY THE BOARD OF C01-1MISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, ON MAY 12, 1959 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sections 8-A, 8-B, 8-C and 8-D be added to the ordinance having the title above quoted, which was adopted by theBoard of Commissioners of the City of Paducah, Kentucky, on May 12, 1959, and that said Sections R -A, £I -B, 8-C and 8-D shall read as follows: "SECTION 8-A. If, after the notice and hearin7, the public officer determines that the dwellin7 under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring the owner: (1) To the intent and :•rithin the time specified in the order, to repair, alter or improve the said dwellir.F to render it fit for human habitation, or, at the option of the owner, to vacate and close the dwelling as a human habitation if the repair, alteration or improvement of the dwelling can be made at a cost that is not more than fifty percent of the value of the dwelling; or (2) Within the time specified in the order, to remove or demolish the said dwelling if the repair, alteration or improvement of the dwelling cannot be made at a cost that is not more than fifty percent of the value of the dwelling. "SECTION 8-B. (1) 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 dwellinP so closed, a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". (2) 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. 269 (3) 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 remove 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 circuit 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 the persons found to be entitled thereto by final order or decree of such court. "SECTION 8-C. The public officer may determine that a dwellinF is unfit for human habitation if he finds that conditions exist in such dwellinF which are dangerous or incurious to the health, safety or morals of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the city. Such conditions may include the following (without limiting the generality of the foregoing): Defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation lirht, or sanitary .facilities; dilapidation; disrepair; structural defects; uncleanliness. Additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling for human habitation, may be provided by ordinance. "SECTION 8-D._ Complaints or orders issued by a public officer pursuant to this ordinance shall be served upon persons either personally or by recistered mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to tha effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the city, or, in the absence of such newspaper, in one of general circulation in the city in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order, and shall be recorded in the office of the circuit clerk of the county wherein the dwelling is located." SECTION 2. This ordinance shall be in full force and effect from and after its adoption abd publication. A^ayo r Passed by the Board of Commissioners I -larch 9, 196L Recorded by Sarah Thurman, City Clerk, March 9, 1964,