HomeMy WebLinkAboutOrdinances Book 15, Page 268, No Ordinance Number26$
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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.
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(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,