HomeMy WebLinkAbout2001-10-643424499
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ORDINANCE NO. 2001-10-6434
AN ORDINANCE REVISING CHAPTER 42,
NUISANCE CODE ENFORCEMENT, OF THE
CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY
WHEREAS, it is the intent of KRS 82.700 to 82.725 to protect, promote, and improve the
` health, safety, and welfare of the citizens residing within the City of Paducah by authorizing the
creation of an administrative board with the authority to issue remedial orders and impose fines in
order to provide an equitable, expeditious, effective, and inexpensive method of ensuring compliance
with the nuisance ordinances enacted and in force within the City; and
WHEREAS, the City Commission of the City of Paducah desires to increase the population
of the City by the redevelopment of blighted areas and elimination of nuisances through aggressive
code enforcement.
WHEREAS, the City Commission of the City of Paducah desires to protect the existing
housing stock in City through the adoption of ordinances which promote the protection of residential
neighborhoods and reduce nuisance in order and reverse trends, such as reduction in neighboring
property values, increased crime and loss of aesthetic value.
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WHEREAS, the City Commission of the City of Paducah, Kentucky, desires to utilize the
authority granted in KRS 82.700 to 82.725 by creating a City of Paducah Nuisance Code
Enforcement Board and enacting certain nuisance code ordinances pursuant to KRS 381.770 and
KRS 82.705; and
WHEREAS, this Ordinance will repeal and supersede the following ordinances: Chapter 18,
Article II, Section 18-34; Chapter 42, Article II, Sections 42-31 to 42-70; Chapter 42, Article III,
Sections 42-71 to 42-100; Chapter 42, Article V, Sections 42-131 to 42-138; and Chapter 94, Article
I, Sections 94-1 to 94-30.
WHEREAS, this Ordinance will create new Chapter 42, Article II, Sections 42-31 to 42-55.
NOW THEREFORE be it ordained by the City Commission of the City of Paducah as
follows:
SECTION 1. Title of article. The articles shall be known and may be cited as the
"Nuisance Code Enforcement Board Ordinance."
SECTION 2. Definitions. The following words, terms and phrases, when used in this
ordinance, shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Nuisance Code Enforcement Board shall mean an administrative body created and acting
under the authority of the KRS 82.700 et seq.
Nuisance Code Enforcement Officer shall mean all City citation officers as defined in
Section 2-571 of Article VII of Chapter 2 of the Paducah Code of Ordinances.
Nuisance Code shall mean any ordinances adopted by the City in Section 16 herein pursuant
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to KRS 381.770 and KRS 82.705 or subsequently adopted.
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.
SECTION 3. Creation and Membership. There is hereby created pursuant to KRS 82.700
to KRS 82.725 within the city, a City of Paducah Nuisance Code Enforcement Board which shall be
composed of one (1) or three (3) member(s), all of whom shall be residents and registered voters of
the city for a period of at least one (1) year prior to the creation of the board and shall reside there
throughout the term in office.
SECTION 4. Powers.
a) The nuisance code enforcement officer shall have the power to issue citations for
violations of the nuisance code. Such citation shall be a final determination unless
contested pursuant to the hearing procedures provided under Section 9.
b) The nuisance code enforcement board shall have the power to conduct hearings,
issue remedial orders and impose fines upon a final determination as a method of
enforcing the nuisance code when a violation of the nuisance code has been
determined by the nuisance code enforcement officer and a contest to the board has
been initiated.
c) The nuisance code enforcement board shall have the authority to conduct hearings
and make determinations regarding all nuisance code violations, but shall not have
the authority to conduct hearings and make determinations regarding violations of
Article IV 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 5. 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 (1) 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 one (1) member nuisance code enforcement board shall
be three (3) years.
The initial appointment to a three (3) member code enforcement board shall be as
follows:
1. One (1) member appointed to a one (1) year term.
2. One (1) member appointed to a two (2) year term.
3. One (1) member appointed to a three (3) year term.
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All subsequent appointments shall be for a term of three (3) 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 (1)
alternate member to serve on the code enforcement board in the absence of regular
member(s). Alternate member(s) shall meet all of the qualifications and shall be
subject to all of the requirements that apply to regular members of the code
enforcement board.
d) Any vacancy on the board shall be filled by the Mayor, subject to approval of the
Paducah City Commission within thirty (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 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.
SECTION 6. Organization of Board; Meetings; Quorum; and Alternate Board
Members.
a) If the board consists of three 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 nuisance 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 nuisance code enforcement board shall be held in
accordance with the requirements of KRS 82.700 et seq., Roberts Rules of Order, the
Kentucky Open Meetings Act, and the Kentucky Open Records Act.
d) Any action of any board member in his role as hearing officer shall be deemed to be
the action of the board.
e) Minutes shall be kept for all proceedings of the nuisance code enforcement board and
the vote of each member on any issue decided by the board shall be recorded in the
minutes.
SECTION 7. Conflict of Interest. Any member of the nuisance 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 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.
SECTION 8. Jurisdiction. The nuisance code enforcement officer and nuisance code
enforcement board shall have jurisdiction to enforce and shall enforce those city ordinances and code
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provisions which specifically provide for nuisance code board enforcement.
SECTION 9. Powers of the Nuisance Code Enforcement Board.
The City of Paducah Nuisance Code Enforcement Board shall have the following powers
and duties over all matters contained within this ordinance:
a) To adopt rules and regulations to govern its operations and the conduct of its
hearings.
b) To subpoena witnesses.
C) To conduct hearings to determine if there has been a violation of the nuisance 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 orders necessary to remedy any violation of the
nuisance code or code provision which the board is authorized to enforce.
fl To impose fines, as authorized, on any person found to have violated the nuisance
code.
g) To order liens to be filed for the collection of fines, charges, costs, penalties, and
fees, including attorney's fees.
SECTION 10. 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 nuisance code enforcement board after a citation is issued by a nuisance
code enforcement officer.
b) Except as provided in subsection (c) below, if a nuisance code enforcement officer
believes, based on his personal observation or investigation, that a person has
violated the nuisance code, he shall issue a Notice of Violation to the offender
allowing the offender three (3) days to remedy the violation without fine. The
offender will be allowed a reasonable extension of time to remedy the violation
without fine at the discretion of the nuisance code enforcement officer.
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 door hanger for
properties with dwelling or structures or in the form of a posted sign for
vacant lots.
C) If the offender fails or refuses to remedy the violation within the time allotted by the
nuisance code enforcement officer, the nuisance code enforcement officer is
authorized to issue a citation. The citation shall represent a determination by the
nuisance code enforcement officer that a violation has been committed, and that
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determination shall be final unless contested by the alleged violator and taken before
the nuisance code enforcement board.
d) 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.
e) The citation issued by the nuisance 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 nuisance 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; and
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 nuisance 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 five (5)
days of the date of receipt by either paying the fine or requesting, in writing, a
hearing before the nuisance 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 five (5) days, the person shall be deemed to have
waived the right to a hearing and the determination that a violation was committed
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shall be considered final.
g) If the offender does not contest the citation within the time prescribed, the nuisance
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 nuisance 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.
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SECTION 11. Hearing; Notice; and Final Order.
a) When a hearing has been requested, the code enforcement board shall schedule a
hearing. The board shall hold hearings once a month.
b) Not less than seven (7) days before the date of the hearing, the nuisance code
enforcement board shall notify the requester of the date, time, and place of the
hearing. The notice may be given by 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 eighteen years of age or older and who is
informed of the contents of the notice.
C) Any person requesting a hearing before the nuisance 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 nuisance 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 maybe issued, in accordance with section 10(b), for another violation of
the nuisance code. A copy of the final order shall be served upon the offender.
d) All testimony shall be taken under oath and recorded by audio, video, or
stenographic means. Testimony shall be taken from the nuisance code enforcement
officer, the alleged violator, and any witnesses to the violation offered by the
nuisance 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 nuisance code enforcement board shall, based on the evidence, determine
whether a violation was committed. In making its determination, the nuisance 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 nuisance code
enforcement board shall uphold the citation if pictorial or photographic evidence
supporting the citation is provided by the Nuisance 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
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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, not to exceed ten
(10) days, 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 section 10(b), for another violation of the nuisance code.
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f) Every final order of the nuisance 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 in subsection (b) above.
g) The Nuisance Code Enforcement Officer, at his discretion, may remedy the violation
to bring the property into compliance with the Nuisance Code if the citation is not
contested or if a final order upholding the citation is entered by the Nuisance Code
Enforcement Board.
SECTION 12. Appeals; Final Judgment.
a) An appeal from any final written order of the nuisance code enforcement board may
be made to the McCracken County District Court within seven (7) days of the date
the order is issued. The appeal shall be initiated by the filing of a complaint and a
copy of the nuisance 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 tried de novo and the burden shall be
upon the City to establish that a violation occurred. 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 section 10(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 nuisance 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 and the plaintiff shall be authorized to recover his costs.
c) If no appeal from a final order of the nuisance code enforcement board is filed within
the time period set in subsection (a) above, the nuisance code enforcement board's
order shall be deemed final for all purposes.
SECTION 13. Ordinance Fine Schedule. Violations of ordinances that are enforced by
the city nuisance 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
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day, per violation:
Violation
1 st Offense
2nd Offense
All Others
Property maintenance
$100
$250
$500
Abandoned Vehicles
and Appliances
$100
$250
$500
Litter
$100
$250
$500
Solid Waste
$100
$250
$500
Other Nuisances
$100
$250
$500
b) If the citation is contested and a hearing before the nuisance code enforcement board
is required, the following maximum penalties may be imposed at the discretion of the
board per day, per violation:
Violation
1 st Offense
2nd Offense
All Others
Property maintenance
$200
$500
$1,000
Abandoned Vehicles
and Appliances
$200
$500
$1,000
Litter
$200
$500
$1,000
Solid Waste
$200
$500
$1,000
Other Nuisances
$200
$500
$1,000
SECTION 14. Lien; Fines, Charges, and Fees.
a) The city shall possess a lien on property owned by the person found by a final,
nonappealable order issued based on an uncontested citation; by a final,
nonappealable order of the nuisance code enforcement board; or by a final judgment
of the court, to have committed a violation of the nuisance for all fines assessed for
the violation and for all charges, costs, penalties, and fees, including attorney's fees,
incurred by the city in connection with the enforcement of the ordinance.
b) The lien shall 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, at the rate of four (4)
percent interest, until paid.
c) Pursuant to KRS 82.720, the lien shall take precedence over all other liens on the
property, except state, county, school board, and city taxes, and may be enforced by
judicial proceedings.
d) In addition to the remedy prescribed in subsection (a), the person found to have
committed the violation shall be personally responsible for the amount of all fines
assessed for the violation, including a $15 administration fee, and for all charges and
fees incurred by the city in connection with the enforcement of the nuisance code.
The city may bring a civil action against the person 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 party or parties all
reasonable attorney fees and others costs incurred by the City by reason of the
collection upon and enforcement of the responsible party's or parties' liability
hereunder and the lien which secures the same.
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SECTION 15. Ordinances Enacted as the Nuisance Code.
The ordinances in the Sections 16,17,18, 19, and 20 are enacted pursuant to KRS 381.770
and KRS 82.705 as part of the Nuisance Code.
SECTION 16. Property maintenance code.
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a) Adopted. A certain document, three copies of which are on file in the office of the
City Clerk of the City of Paducah, being marked and designated as "International
Property Maintenance Code" as published by the Building Officials and Code
Administrators International, Inc., and the property maintenance code currently
adopted by the City of Paducah, be and all future editions are hereby adopted for the
control of buildings and structures as therein provided; 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 Ordinance.
b) Additions, insertions and changes. The International Property Maintenance Code is
amended and revised in the following respects:
1. Section 101.1 (p. 1, second line). Insert: City of Paducah.
2. Section 103.6. Delete section.
3. Section 110.1 General (delete "or where ... such structure".
Insert: Whenever a valid work permit has been issued to upgrade or repair a
structure on which the code official has served notice to make corrections or
repairs required by such notice, the upgrade 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 going through the appeals process.
5. Section 111 Means of Appeal is deleted. The Means of Appeal shall be as
the contest procedure to the Nuisance Code Enforcement Board as provided
in this Ordinance.
6. Section 202. Insert: Public Nuisance: Includes, but is not limited to, any of
the following:
1. The physical condition or occupancy of any premises regarded as a
public nuisance at common law;
2. Any physical condition or occupancy of any premises or
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appurtenances considered an attractive nuisance to children,
including, but not limited to, abandoned wells, shafts, basements,
excavations and unsafe fences or structures;
3. Any premises that has unsanitary sewerage or plumbing facilities;
4. Any premises designated as unsafe for human habitation;
5. 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;
6. Any premises from which the plumbing, heating or facilities required
by this code have been removed, or from which utilities have been
disconnected, destroyed, removed or rendered ineffective, or the
require precautions against trespassers have not been provided;
7. Any premises that is unsanitary, or that is littered with rubbish or
garbage, or that has an uncontrolled growth of weeds; or
8. Any 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
collapse or failure; and dangerous to anyone on or near the premises.
7. Insert: Section 301.4 Public Nuisance. All premises shall be kept free from
public nuisances as defined in Section 202.
8. Section 303.13 (p. 10, first and second line). Insert: May 1 October 31.
9. Section 602.3 (p. 17, fifth line). Insert: September 1 May 30.
10. Section 602.4 (p. 17, third line). Insert: September 1 May 30.
11. The term "code official," as used in the International Property
Maintenance Code, shall be deemed to be either the city Building Inspector,
city Fire Marshal, or their duly authorized representatives, and both shall be
charged with the administration and enforcement of this code.
12. The board of appeals referred to in the International Property Maintenance
Code shall be the Nuisance Code Enforcement Board, as set forth in this
Ordinance.
C) Savings clause. Nothing in this section or in the property maintenance code hereby
adopted shall be construed to affect any suit or proceeding pending 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.
d) 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.
e) 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 or under KRS
381.770.
Section 17. Litter.
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a) Definitions for Section 17. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different meaning.
1. Aircraft. Any contrivance now known or here -after invented, used or
designated for navigation or for flight in the air. "Aircraft" shall include
helicopters and lighter -than -air dirigibles and balloons.
2. Authorized private receptacle. A litter storage and collection receptacle as
required and authorized in section 19 of this Chapter and by the Refuse
Department.
3. 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.
4. Garbage. Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
5. 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.
6. Newspaper. Any newspaper of general circulation as defined by general law,
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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.
7. 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."
8. 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.
9. Person. Any person, firm, partnership, association, corporation, company or
organization of any kind.
10. 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.
11. Public place. Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds, and
buildings.
12. 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.
13. 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, crockery and similar
materials.
14. Vehicle. Every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, including devices used
exclusively upon stationary rails or tracks.
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,
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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 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.
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D 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 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
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that mailboxes may not be so used when so prohibited by federal
postal law or regulations.
(b) Exemption for mail and newspapers. The provisions of subsection
(e)(1) of this section 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 18. Abandoned Vehicles and Appliances.
a) Definitions for Section 18. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different meaning.
1. Junked appliances.
(a) Any unit, or part thereof, of 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, objects of
art, and the like, the condition of which is one of the following:
i. Wrecked;
ii. Dismantled:
iii. Partially dismantled;
iv. Inoperative;
V. Abandoned;
vi. Discarded.
(b) Provided, however, the term shall not apply where the unit does not
exceed 15 cubic feet or the combination of units in the immediate
proximity to each other does not exceed 120 cubic feet.
2. Junked motor vehicles. Any contrivance, or parts thereof, propelled by
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power and used for transportation of persons or property on public streets and
highways, the condition of which is one or more of the following:
(a) Wrecked;
(b) Dismantled;
(c) Partially dismantled;
(d) Inoperative;
(e) Abandoned;
(f) Discarded.
3. Person. Any individual, firm, partnership, association, corporation, company
or organization of any kind.
b) Declaration of nuisance; exceptions.
1. The presence of any junked motor 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 motor vehicle or appliance on the real property
of another or to suffer, permit or allow a junked motor 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 motor vehicle or appliance in an enclosed building;
(b) Any motor 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 motor vehicle or appliance on property occupied and used for
repair, reconditioning and remodeling of motor vehicles or appliances
in conformance with the Zoning Code of the city.
2. Nothing in this section shall authorize the maintenance of a public or private
nuisance as defined under other provisions of law.
C) Liability for damages to removed vehicle. Neither the owner or occupant of the
premises from which any aforesaid junked motor vehicles 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 junked motor vehicle while being removed or as a result of any
subsequent sale or other disposition.
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d) Compliance by removal of vehicle. The removal of the junked motor vehicle from
the premises within three (3) days after receipt ofNotice 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 junked motor 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 junked motor 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
-y 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 nuisance code enforcement
officer, and his duly authorized agents, assistants, employees, or contractors, may
enter upon private or public property to examine a junked motor vehicle or appliance,
or obtain information as to the identity of a junked motor vehicle or appliance and of
the owner thereof, and to remove or cause removal of a junked motor 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 within the city. Junked
motor vehicles and appliances are hereby declared to be a public nuisance
and unlawful as set out in section 18b above. 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.
SECTION 19. Solid Waste.
a) Definitions for Section 19. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different meaning.
1. Back door pickup. Requested by residence to have a point of pickup other
than what is assigned.
2. 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 limbs in excess of 48 inches in length and greater
than three inches in diameter; or tree stumps.
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3. Business. Applies to any establishment or firm wherein an occupational
license is required by the city, except as otherwise provided herein.
4. Commercial waste. Any waste generated by a business establishment,
excluding such waste as designated in subsection (e) of section 19.
5. Commercial waste container. Dumpsters of various sizes: two-, four-, six -
and eight -cubic yard capacity. Dumpsters shall remain the property of the
city.
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6. Department. The Public Works Department of the city.
7. Department in charge. The Public Works Department will be charged with
carrying out the duties of the provisions of this section.
8. Division. The Solid Waste Division of the Public Works Department.
9. 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).
10. Multiple dwelling. A structure or structures having more than one
single-family unit, and shall include apartment buildings, motels and hotels.
11. Premises. Land or buildings, or both, occupied or used by one or more
households or one or more business places.
12. Residence. A single-family residential unit.
13. 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.
14. Residential waste container. Green Mobile cart (capacity 96 gallons). Said
container shall remain the property of the city.
15. Residential waste container (special pickup). Blue Mobile cart (capacity 96
gallons). Said container shall remain the property of the city.
16. Solid waste. All forms of waste as defined herein, including bulk,
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commercial, green and residential waste.
17. Special pickup. When no individual in the household is physically or
mentally capable of maneuvering the waste container to the designated point
of pickup.
18. 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.
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
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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 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.
i. 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.
ii. The City Manager or his/her designee upon a showing of
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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.
iii. These conditions shall apply when their is no one present in
the household who is able to move the container to is
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 City Manager or his/her designee. Pickup will be provided at
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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 establishments/businesses 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 right-of-ways 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.
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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 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.
(c) 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
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any solid waste container unless placed and secured in a plastic bag.
(fl 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.
SECTION 20. Other Nuisances.
a) Definitions for Section 20. For the purpose of this section, the following definition
shall apply unless the context clearly indicates or requires a different meaning.
1. Nuisance. Public nuisance.
b) Common law and statutory nuisances. In addition to what is declared in this
section to be a public nuisance, those offenses which are known to the common law
and statutes of Kentucky as public nuisances may be treated as such and be
proceeded against as is provided in this article or in accordance with any other
provision of law.
C) 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 property upon the public streets 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
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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 or sidewalks, cause
injury to streets or sidewalks, or constitute an obstruction to drainage.
d) 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.
SECTION 21. Attorney fees and costs.
r Upon a final determination of a violation of the nuisance code, the City shall be entitled to
- recover from the responsible party or parties all reasonable attorney fees and others costs incurred by
the City by reason of the collection upon and enforcement of the responsible party's or parties'
liability hereunder and the lien which secures the same.
SECTION 22. Severability.
If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional
or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be
affected.
SECTION 23. Non -exclusivity.
The repeal of Chapter 18, Article II, Section 18-34; Chapter 42, Article II, Sections 42-31 to
42-70; Chapter 42, Article III, Sections 42-71 to 42-100; Chapter 42, Article V, Sections 42-131 to
42-138; Chapter 94, Article I, Sections 94-1 to 94-8 and enactment of this Ordinance shall not
release any person from an existing lien, 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.
-- SECTION 24. Effective Date.
This ordinance shall be read on two separate days, published pursuant to KRS Chapter 424,
and become effective on January 1, 2002.
SECTION 25. Repeal of Ordinances.
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Upon the publication and on the effective date of this ordinance, the following ordinances
shall be repealed in their entirety and superseded with this Ordinance: Chapter 18, Article H,
Section 18-34; Chapter 42, Article II, Sections 42-31 to 42-70; Chapter 42, Article III, Sections 42-
71 to 42-100; Chapter 42, Article V, Sections 42-131 to 42-138; and Chapter 94, Article I, Sections
94-1 to 94-30.
ATTEST:
CITY LERK
Introduced by the Board of Commissioners September 25, 2001
Adopted by the Board of Commissioners October 9, 2001
Recorded by Lenita Smith, City Clerk, October 9, 2001
Published by The Paducah Sun October 17, 2001
ord/Chapter42-Nuisances
24499 — D&K
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