HomeMy WebLinkAbout2000-1-61479.191
ORDINANCE #2000-01-6147
AN ORDINANCE CREATING CHAPTER 19,
RESIDENTIAL RENTAL OCCUPANCY PERMITS OF
THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH,KENTUCKY
WHEREAS, the 1990 Census determined that 41% of all dwelling units
in Paducah are for rental occupancy; and
WHEREAS, the City has demolished, or ordered the demolition, of over
-� 500 residential dwelling units in the last ten years, and rental units are over represented
in this number; and
$1,500; and
WHEREAS, the average cost of demolishing a residential unit is over
WHEREAS, many existing rental dwelling units are blighted; and
WHEREAS, the City of Paducah's adopted Comprehensive Plan
requires that neighborhoods should be protected from blight, and that blighted areas
should be subject to aggressive code enforcement; and
WHEREAS, blighted areas are oftentimes subject to the presence of
criminal activity; and
WHEREAS, The City of Paducah's adopted Abbreviated
Comprehensive Housing Affordability Strategy has determined that the conversion from
owner to rental occupancy threatens the integrity of all neighborhoods, and additionally,
that the City should improve the quality and standard of rental properties and that
dilapidated properties should be removed; and
WHEREAS, the City of Paducah's Abbreviated Comprehensive Housing
Affordability Strategy has revealed that the highest concentrations of deteriorating and
dilapidated structures are rental units; and
j WHEREAS, the Abbreviated Comprehensive Housing Affordability
Strategy for the City of Paducah has identified that low and very low income families
currently living in sub -standard homes should have access to improved rental properties.
NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky:
SECTION 1. PURPOSE AND INTENT.
The purpose of this chapter is to protect the public health, safety and general welfare of
the people of the City of Paducah, Kentucky in occupied dwellings by recognizing that
the offering for rental of dwelling units is a business and by classifying and regulating
such business, the effect of which shall promote the following:
(1) To protect the character and stability of residential areas;
(2) To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare and health, including the physical,
mental and social well-being of persons occupying dwellings;
(3) To enforce minimum standards for the maintenance of existing residential buildings,
and to thus prevent slums and blight;
(4) To preserve the value of land and buildings throughout the city;
i (5) To protect the public from increased criminal activity which tends to occur in
residential areas which are unstable due to dwellings which are blighted or are
substandard.
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It is not the intention of the City of Paducah to interfere with contractual relationships
between tenant and landlord. The City does not intend to intervene as an advocate for
either part, or act as arbiter, nor be receptive to unsubstantiated complaints from tenants
or landlords which are not specifically and clearly related to the provisions of this
ordinance.
SECTION 2. DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Accessory living quarters. Living quarters within an accessory building, which may not
have kitchen facilities.
Building. Any structure having enclosed space and a roof for the housing or enclosure
of persons, animals or chattels. The word "building" includes the word "structure."
Code. Ordinances of the City of Paducah that relate to fitness for habitation,
construction, property maintenance, nuisances, occupancy, zoning, and use of any rental
residential dwelling unit. This specifically includes the provisions of Chapters 18, 42, 94
and 126 of the Paducah Code of Ordinances.
Code Official. Includes the Chief Building Inspector, Deputy Building Inspector(s), Code
Enforcement Officers, Fire Marshall, Fire Inspector, and Police Officers..
Dwelling, assisted care. A building, or portion thereof, and consisting of five or more
bedrooms, used for residential occupancy by a group. The dwelling is characterized by
tenants with separate bedrooms for sleeping and that there are shared common areas
for reception, recreation, living, cooking, laundry and the like. The unit is further
signified by the presence of an employee(s) that provide various services such as
housekeeping, maintenance, cooking, security, personal care, and transportation. This
definition is distinguished from, and is intended not to conflict with KRS 100.982 and
100.984.
Dwelling, multiple. A building, or portion thereof, used for occupancy by three or more
families living independently of each other and used for rental residential occupancy.
Dwelling, one family. A building used for residential occupancy by one family.
Dwelling, Rental. A building, or portion thereof, used primarily for rental residential
occupancy, including one -family and multiple dwellings, but not including hotels, motels
or tourist homes.
Dwelling, two-family. A building, or portion thereof, used for occupancy by two families
living independently of each other, and at least one of which is used for rental residential
occupancy.
Dwelling unit. A dwelling, or portion of a dwelling, used by one family for cooking,
living and sleeping purposes.
Effective date. The effective date shall be April 1, 2000.
Hotel or motel. A building, or portion thereof, or group of buildings in which lodging is
customarily provided and offered to the public for compensation and which is open to
transient guests on a daily basis, in contradistinction to a lodging house.
Landlord. The owner of a rental residential dwelling unit who offers residential property
and its dwelling units, not occupied by the owner, to other persons not related by blood or
marriage for some form of compensation through rental payments, lease payments, or
some other similar contractual arrangement.
Lodging house. A building with more than two but not more than ten guest rooms
where lodging with or without meals is provided for compensation.
Nuisance. A tenant's use of a rental dwelling unit, including the building and the
premises relating thereto, which gives offense to or endangers the life or health of
others. The term nuisance shall include such uses as defined under Kentucky law as
nuisances.
Nursing Home. An establishment which provides full-time convalescent or chronic
care, or both, for four or more individuals who are not related by blood or marriage to the
operator, and who, by reason of chronic illness or infirmity, are unable to care for
themselves; excepting, however, establishments that predominately provide for care for
the acutely ill or surgical or obstetrical services. A convalescent home and rest home
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are included in this definition. A hospital or sanitarium shall not be construed to be
included in this definition.
Person. Includes a firm, association, organization, partnership, trust, company or
corporation as well as an agent, and an individual.
Tenant. A tenant, includes a person(s) under a rental agreement to occupy a dwelling
unit for the purpose of residential occupancy. This includes a person(s) occupying a
residential property by making rent or lease payments, or other similar agreements
where the tenant does not have an equitable interest in the real property.
Tourist home. A building in which more than one but not more than five guest rooms
are used to provide or offer overnight accommodations for transient guests for
_. compensation. A Bed and Breakfast establishment is included in this definition.
SECTION 3. ENFORCEMENT.
The Chief Building Inspector shall be responsible for the administration and enforcement
of the provisions of this section.
SECTION 4. RENTAL OCCUPANCY PERMIT REQUIRED.
It shall be unlawful for any landlord to rent or lease to another or otherwise allow any
person to occupy any rental dwelling unit which is subject to this chapter unless the
landlord has first obtained and continues to hold a valid rental occupancy permit.
SECTIONS. APPLICABILITY AND EXCEPTIONS.
(A) The provisions of this chapter shall apply to the rental or leasing of rental
dwelling units, and rental dwellings which contain such units, including one and
two family rental residential dwelling units, multiple dwelling units, accessory
living quarters, and lodging houses.
(B) The provision of this chapter shall not apply to Hotels and Motels, Tourist
Homes, Nursing Homes, or Assisted Care Dwelling Units, Residential Care
Facilities as described by KRS 100.982, Hospitals and Sanitariums.
SECTION 6. APPLICATION FOR RENTAL OCCUPANCY PERMIT.
(A) Within thirty (30) days following the effective date, the landlord of a rental
dwelling unit shall make written application to the Inspection Department for a
rental occupancy permit to carry on the business of renting a residential dwelling
unit. Such application shall be made on a form furnished by the Inspection
Department for such purpose and shall set forth the following information:
(1) Name, residence address, telephone number, and date of birth of the
landlord of the rental dwelling unit. If the landlord is a partnership, the name of
the partnership, and the name, residence address, and date of birth of the
managing partner. If the landlord is a corporation or limited liability company,
the name and address of the corporation or company, and the name, residence
address and date of birth of the chief operating officer.
(2) If the landlord has appointed an agent authorized to accept service of
process and to receive and give receipt for notices; the name, residence
address, telephone number, and date of birth of such agent;
(3) Every applicant, whether an individual, partnership, corporation, or limited
liability company shall identify in the application, by name, residence address,
telephone number, and date of birth, a natural person who is actively involved
in, and responsible for, the maintenance and management of the premises. A
post office box is not acceptable as an address for such person. The individual
designated herein may also be the landlord of the dwelling or an agent identified
in subsection (2) above;
(4) Street address of the rental dwelling unit; and
(5) Number of rental dwelling units within the rental dwelling;
(B) To determine compliance with this chapter and the code, every applicant shall
authorize an inspection of the premises.
(C) It shall be unlawful for any person to make any false statements in an application
for a rental occupancy permit.
SECTION 7. TEMPORARY PERMIT.
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(A) The Inspection Department shall issue a temporary permit to the landlord of a
rental dwelling unit who has submitted an application and paid the fee required
by this chapter. A temporary permit shall authorize the occupancy of rental
dwelling units in actual existence on the effective date, pending issuance of a
rental occupancy permit. Dwelling units constructed or converted to rental
usage after the effective date shall not be eligible for a temporary permit, and
shall not be occupied for human habitation prior to the issuance of the required
rental occupancy permit;
(B) A temporary permit indicates only that the landlord has submitted an application
for a rental occupancy permit. A temporary permit is not a determination that
the rental dwelling or the rental dwelling unit complies with the standards
required by this chapter.
(C) The temporary permit shall be valid until a rental occupancy permit has been
issued or the application for such permit is denied and the stay period for any
appeal of such determination is exhausted.
SECTION 8. ISSUANCE OF PERMIT.
(A) Following the filing of an application, a city's code official shall cause an
inspection to be made of the rental dwelling unit and rental dwelling identified in
the application. This inspection shall be made within three (3) business days
following the date upon which the application is filed, excepting, however, that in
the event the landlord has been issued a temporary permit under this chapter,
such inspection shall be made within a reasonable period of time taking into
consideration the availability of code officials to make such inspection.
(B) Upon completion of an inspection of a rental dwelling and the rental dwelling
units therein, the code official shall make a determination as to whether all of the
standards for issuance of a permit have been met. In the event the code official
determines that the standards have been met, the code official shall cause the
issuance of a rental occupancy permit.
(C) Only one (1) permit shall be required per lot, provided however, in the case of
multiple rental dwelling units on one lot, the permit shall identify each rental
dwelling unit for which a permit has been approved.
SECTION 9. STANDARDS FOR ISSUANCE OF PERMIT.
The standards for the issuance and continuance of a rental occupancy permit shall be as
follows:
(A) The rental dwelling, and the rental dwelling units located therein, and the
grounds and the accessories buildings and structures relating thereto, are in
substantial compliance with the code and all other applicable laws and
regulations, and are not otherwise substandard, hazardous or unfit. In multi-
family units, to promote efficiency, the code official shall inspect the minimum
units necessary to assess the overall condition of the premises.
(B) The landlord has been issued an occupation business license and has paid all
fees and taxes as required under Chapter 106 of the Paducah Code of
Ordinance.
(C) The landlord has paid all city ad valorem taxes which are due and payable
against the real property upon which the building and rental dwelling units are
located.
(D) The landlord has paid all fees as required under this chapter.
(E) The landlord has paid all City of Paducah property maintenance liens on the
property for which a permit is applied.
SECTION 10. DETERMINATION OF NONCOMPLIANCE.
(A) If a code official determines that any dwelling unit or units, or any part of the
premises relating thereto, fail to comply with Section 9(A) or that the landlord
has failed to comply with Section 9(B) through (E), a written notice of the
violation or violations shall be given to the landlord. The notice shall direct that
the landlord shall have a period of ten (10) days to submit to the code official a
plan consistent with the code and other applicable ordinances which outlines the
landlord's remedy of the violations and the time period that such remedy shall be
effectuated. The notice shall further state that in the event the landlord fails to
submit a plan within said period of time, the landlord shall effectuate the remedy
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within a specified period of time as reasonably determined by the code official.
The period of time to effectuate a remedy hereunder shall not at any time
exceed the period of time as determined by the code official. A reinspection
shall take place after said period of time to determine compliance. If the code
official determines that the defects create an imminent hazard to the health or
safety of occupants or the public, the code official shall immediately suspend the
applicable temporary permit or a previously issued rental occupancy permit.
(B) Any time period accorded by the code official above shall not be extended by
the sale or transfer of any interest in the rental dwelling unless specifically
authorized by the code official.
SECTION 11. DENIAL; SUSPENSION.
In the event the landlord's failure to comply continues following the period accorded the
landlord for compliance, the code official shall mail the landlord a notice of a denial of a
rental occupancy permit or suspension of a previously issued rental occupancy permit.
A denial of a rental occupancy permit shall automatically suspend the temporary permit.
The notice shall state:
(A) That the code official has determined that the landlord has failed to comply with
the standards as set forth in section 9;
(B) The specific reason or reasons why the standards have not been satisfied
including copies of applicable inspection reports;
(C) That the denial or suspension of the permit will become effective unless the
landlord appeals the determination within ten (10) days after receipt of the notice
in the manner provided in section 13;
(D) That after denial or suspension, the rental dwelling unit or units must be vacated,
and shall not be reoccupied until a rental occupancy permit is issued or is
reinstated after approval by the code official;
(E) The notice shall describe how an appeal may be filed under section 13.
(F) The code official shall also cause a notice to tenants to be prominently posted on
the rental dwelling. The notice shall state that the rental occupancy permit for
the rental dwelling unit or units has been denied or suspended, whichever is
applicable, and that the action will become final on a specific date unless the
landlord appeals. The notice shall further state that tenants will be required to
vacate the rental dwelling unit when the action becomes final.
SECTION 12. REVOCATION OF PERMIT -CRIMINAL ACTS OR NUISANCE.
(A) Any landlord of a rental dwelling unit who knowingly leases or continues to lease
a rental dwelling unit to any tenant who commits or allow others to commit any
criminal act in violation of Kentucky's criminal statutes relating to the illegal sale
of controlled substances or to prostitution or to acts of violence to the person of
another which causes physical injury or the imminent threat thereof, or who
otherwise creates or allows others to create a nuisance on the leased premises,
in violation of the provisions of subsection (B) o f this section shall be subject to
a revocation of the landlord's rental occupancy permits as provided herein.
(B) The landlord shall abate such activity in the manner as hereinafter provided.
(1) In the event that the code official receives substantiated evidence of such an
act or activity or of a nuisance taking place on the leased premises of a tenant,
the code official shall send to the landlord written notice which shall set forth the
substantiated evidence and define the criminal act or activity or nuisance.
(2) In the event that the code official sends a second such notice to the landlord
regarding such a criminal act or activity or nuisance on the leased premises of
the same tenant within one (1) year following the issuance of a previous notice,
the notice shall instruct the landlord to bring eviction proceedings against the
tenant with the McCracken District Court or to otherwise provide to the code
official an alternative acceptable to the code official which effectively abates the
continuance of further criminal activity or nuisance on the leased premises of
such tenant. The landlord shall initiate eviction proceedings or provide an
acceptable alternative within ten (10) days following the landlord's receipt of
such second notice. In the event the landlord fails to initiate the eviction
proceedings or otherwise provide an acceptable written alternative within said
period of time, the code official may revoke the landlord's rental occupancy
permit if the code official determines that the revocation is necessary to protect
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the health, safety and welfare of a resident or residents of the neighborhood.
Upon revocation of any rental occupancy permit, no application for a subsequent
rental occupancy permit shall be accepted by the code official for such property
within six (6) months of the date of revocation.
(3) Any eviction proceeding brought by the landlord shall be timely and diligently
prosecuted by the landlord in a bonafide manner.
(4) Substantiated evidence shall constitute such evidence as would be probative
in establishing probable cause that such criminal act has been committed or that
a nuisance exists on the leased premises. Substantiated evidence may include
evidence of a lawful arrest, indictment or conviction.
(C) In the event of revocation, the code official shall provide a notice of revocation
to the landlord and tenant in the manner as provided in Section 11.
SECTION 13. APPEALS PROCEDURE.
(A) Any landlord wishing to appeal the determination of a suspension, revocation, or
denial shall file a written notice of appeal with the Inspection Department within
ten (10) days after receipt of the notice of the suspension, revocation, or denial.
The initial appeal shall be taken before the Chief Building Inspector. The Chief
Building Inspector shall sustain the decision of the code official unless he
determines that the provisions of this chapter have been complied with and that
all of the violations have been corrected. The Chief Building Inspector shall
make his written determination within three (3) business days after the
Inspection Department's receipt of the written notice of appeal.
(B) In the event the Chief Building Inspector sustains the decision of the code official
of suspension, revocation, or denial, the landlord shall have the further right of
appeal as hereinafter provided. Any landlord wishing to further appeal the
determination of suspension, revocation, or denial shall file a second written
notice of appeal with the Inspection Department within ten (10) days after the
landlord's receipt of the Chief Building Inspector's written determination.
Thereafter, the appeal process shall be as follows:
(1) In the event the determination of suspension, revocation, or denial of a
rental occupancy permit is based, in whole or in part, on the standards
as set forth in paragraph (A) of Section 9, the appeal shall be taken
before the Building Code's Appeals Board and shall be processed in
accordance with Section 18-123 of the Paducah Code of Ordinances,
provided, however, that in the event the suspension, revocation or
denial is predicated on standards wholly related to electrical standards,
then the appeal shall be taken before the Electrical Inspection Appeals
Board and shall be processed in accordance with Section 18-124 of the
Paducah Code of Ordinances.
(2) In the event the determination of suspension, revocation, or denial of a
rental occupancy permit is based wholly on the standards as set forth in
paragraphs (B), (C),(D), or (E) of Section 9 or on Section 12, the appeal
shall be taken before the Rental Occupancy Permit Appeals Board in
accordance with the following provisions:
a) There is hereby established and created an Appeals Board of
the City, hereinafter called the Rental Occupancy Permit
Appeals Board.
1) The -Rental Occupancy Permit Appeals Board shall
consist of three (3) members who shall be appointed by
the mayor, subject to the approval of the Board of
Commissioners. All members shall be residents of the
City.
2) The terms of office for the members of the Rental
Occupancy Permit Appeals Board shall be for three (3)
year staggered terms with the initial appointments to be
made as follows: one (1) member shall be appointed for
a term of one (1) year, and two (2) members shall be
appointed for a term of two (2) years, after which all
members shall be appointed for a term of three (3)
years or until their successors are appointed or qualified.
Vacancies shall be filled in the same manner as original
appointments are made. Members shall serve without
compensation.
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3) A majority of the members of the Rental Occupancy
Permit Appeals Board shall constitute a quorum for all
purposes. A decision reached by a quorum of the
Rental Occupancy Permit Appeals Board present at a
properly called meeting shall constitute a decision of the
entire Board.
(3) A notice to tenants of the final decision of the Building Code's Appeals
Board or the Rental Occupancy Appeals Board shall be mailed to each
tenant and prominently posed on the building. If applicable, the notice
shall indicate the date upon which the tenants must vacate the building
and shall clearly indicate which rental dwelling units are affected.
(4) Any person wishing to appeal the determination of the Building Code's
Appeals Board or the Electrical Inspection Appeals Board or the Rental
Occupancy Permit Appeals Board shall have the right to appeal to the
McCracken Circuit Court. Such appeal shall be filed within thirty (30)
days of the date of the determination of the Board.
(5) Any appeal properly taken under this section shall suspend the
enforcement of the code official's determination, unless the code
official's determination finds the landlord's noncompliance to be life
threatening.
SECTION 14. VACATION OF PREMISES.
When an application for rental occupancy permit has been denied or a rental occupancy
permit has been suspended or revoked, the code official shall order the rental dwelling
unit or units vacated, giving tenants a reasonable time to arrange new housing and to
move their possessions.
SECTION 15. DURATION OF PERMIT.
(A) A rental occupancy permit shall be valid until the property ceases to be used as
a rental unit or until ownership of the property is transferred, whichever occurs
first, unless otherwise suspended or revoked under this chapter.
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4) No employee of the City or a member of the Board of
Commissioners shall be appointed to the Rental
Occupancy Permit Appeals Board. No member of the
Board shall hear an appeal in a case in which he has a
financial interest. Service on another Board appointed
by the City shall not disqualify a person for membership
of this Board.
b)
Upon receipt of an appeal from a Landlord, the Rental
Occupancy Permit Appeals Board shall convene a hearing to
consider the appeal within fifteen (15) days of the Inspection
Department's receipt of the second notice of appeal. All parties
to the appeal shall be notified of the time and place of the
hearing by letter mailed by certified mail, no later than seven (7)
days prior to the date of hearing. The Board shall render a
decision within five (5) working days after the hearing.
C)
The Rental Occupancy Permit Appeals Board is authorized to
promulgate its own rules and procedures consistent with this
chapter.
d)
At the hearing, the Rental Occupancy Permit Appeals Board
shall hear all relevant evidence and argument. The Board may
admit and give probative effect to evidence which possesses
probative value commonly accepted in administrative hearings.
e)
The issue to be determined by the Rental Occupancy Appeals
Board shall be whether the code official's determination of
suspension, revocation or denial is based upon a preponderance
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of the evidence submitted. The Rental Occupancy Permit
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Appeals Board may affirm, modify, or reverse the action of the
code official. The final decision of the Board shall be mailed to
the landlord.
(3) A notice to tenants of the final decision of the Building Code's Appeals
Board or the Rental Occupancy Appeals Board shall be mailed to each
tenant and prominently posed on the building. If applicable, the notice
shall indicate the date upon which the tenants must vacate the building
and shall clearly indicate which rental dwelling units are affected.
(4) Any person wishing to appeal the determination of the Building Code's
Appeals Board or the Electrical Inspection Appeals Board or the Rental
Occupancy Permit Appeals Board shall have the right to appeal to the
McCracken Circuit Court. Such appeal shall be filed within thirty (30)
days of the date of the determination of the Board.
(5) Any appeal properly taken under this section shall suspend the
enforcement of the code official's determination, unless the code
official's determination finds the landlord's noncompliance to be life
threatening.
SECTION 14. VACATION OF PREMISES.
When an application for rental occupancy permit has been denied or a rental occupancy
permit has been suspended or revoked, the code official shall order the rental dwelling
unit or units vacated, giving tenants a reasonable time to arrange new housing and to
move their possessions.
SECTION 15. DURATION OF PERMIT.
(A) A rental occupancy permit shall be valid until the property ceases to be used as
a rental unit or until ownership of the property is transferred, whichever occurs
first, unless otherwise suspended or revoked under this chapter.
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(B) A prospective new owner of a rental dwelling unit shall make application for a
new rental occupancy permit at least ten (10) calendar days prior to the date of
sale.
SECTION 16. INSPECTIONS.
(A) Inspections of rental dwelling units shall be conducted by code officials and
shall take place as follows:
(1) Upon application for a rental occupancy permit.
(2) Upon receipt of a complaint by a tenant or owner of a neighboring
property that the rental dwelling unit or rental dwelling is substandard,
hazardous or unfit for habitation if in the reasonable discretion of the
code official, probable cause exists that the complaint is founded in fact
and an inspection warranted.
(3) Upon the determination of a code official that probable cause exists that
any rental dwelling unit or rental dwelling is in noncompliance with
Section 9(A).
(4) Every two year period.
(B) The code official shall adopt a policy of inspecting all rental dwellings which are
required to be permitted under this article. The policy shall contain objectives
for the systematic inspection of all rental dwellings and priorities for the use of
scarce inspection resources. The guidelines shall be based upon the following
factors and any other factors deemed by the city to promote an efficient
inspection program:
a) Geographic distribution and concentration of rental dwellings;
b) Rental dwellings with delinquent property taxes;
c) Landlords with properties identified by the inspection department as
having an excessive number of housing code violations, or a history of
noncompliance, or slow compliance, with correction orders;
d) Landlords with properties identified by the inspection department as
having a history of demolitions being ordered by the City;
e) Landlords with properties identified by the inspection department as
having a history of demolitions being ordered by the City, and demolished by the
City;
f) Rental dwellings for which no occupation business license or occupancy
permit has been applied; and
g) Rental dwelling with an excessive number of police calls for illegal drug
offenses, prostitution, violent crimes, or disorderly conduct.
(C) Absent exigent or emergency circumstances, whenever necessary to make an
inspection to enforce any of the provisions of this article, or whenever the code
official has reasonable cause to believe that there exists in any rental dwelling or
rental dwelling unit which is required to be permitted by this chapter, any
condition or violation which makes such dwelling or unit unsafe, dangerous or
hazardous, the code official may enter such dwelling or unit at all reasonable
times to inspect the same or to perform any duty imposed by this chapter;
provided that if such dwelling unit be unoccupied, he shall first provide notice
and request entry from the landlord; and if such dwelling or unit be occupied, he
shall provide notice and request entry from both the landlord and tenant. If
possible, the code official shall first attempt to make arrangements with the
landlord and tenant as to the occurrence of the inspection at least twenty-four
(24) hours prior to the inspection. If such entry is refused, the code official shall
have recourse to every remedy provided by law to secure entry.
SECTION 17. FEES.
There shall be no fee for issuance or renewal of a rental occupancy permit or for the
initial inspection , or for the first follow-up inspection relating thereto. In the event of any
further follow-up inspection, a fee of Fifteen Dollars ($15.00) per inspection shall be paid
to the Inspection Department.
SECTION 18. DISPLAY OF PERMIT.
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(A) Every landlord must show to every prospective tenant before occupancy a valid
rental occupancy permit covering the rental dwelling unit to be rented. Every
landlord must show to any tenant, upon demand, a valid rental occupancy permit
covering the rental dwelling unit the tenant occupies.
(B) Upon demand by any code official, the landlord must show a valid rental
occupancy permit to the code official.
(C) Upon demand by a municipal utility company, and so ordered by the Chief
Building Inspector, a tenant or landlord, must produce a valid occupancy permit
prior to establishment of utility service.
SECTION 19. REMEDIES IN THIS ARTICLE NOT EXCLUSIVE.
The remedies provided in this chapter are not exclusive. The remedies are in addition
to, and do not supersede or preempt, other remedies such as condemnation, written
violation orders and warnings, criminal charges for violation of substantive provisions of
any city or state code relating to housing maintenance, fire safety, building codes,
zoning, health, and the like. The remedies in this ordinance do not supersede or affect
the legal rights and remedies of tenants provided under state law or this chapter. Where
two or more provisions conflict with one another, the more stringent shall apply.
SECTION 20. NEW CONSTRUCTION.
The requirement for a rental occupancy permit and inspection fee shall not apply to any
building for which a certificate of occupancy has been issued by the city until five (5)
years after the issuance of such certificate of occupancy.
SECTION 21. ENFORCEMENT BY INJUNCTION.
The landlord's failure, refusal or neglect to comply with any of the provisions of this
section may, in addition to any other remedy provided herein or in place thereof, be
restrained, prohibited or enjoined by an appropriate proceeding instituted in a court of
competent jurisdiction.
"�. SECTION 22. SEVERABILITY.
�-- If any section, subsection, or clause of this chapter shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining sections, subsections,
and clauses shall not be affected.
SECTION 23. EFFECTIVE DATE.
The effective date of this chapter for the enforcement of the provisions herein is April 1,
2000.
SECTION 24. PENALTY FOR VIOLATION OF SECTION.
Any person violating any provision of this chapter for which another penalty is not
already otherwise provided shall be guilty of a misdemeanor and shall, upon conviction,
be subject to a fine of not more than $500.00, or imprisonment for not more than 30
days, or both, for each offense.
SECTION 25.
This ordinance shall be read on two separate days and will become effective upon
summary publication pursuant to KRS Chapter 424.
ALBERT JONES, M&ZR
ATT T:
AEN SMITH, CI CLERK
Introduced by the Board of Commissioners, January 18, 2000
Adopted by the Board of Commissioners, January 25, 2000
Recorded by Lenita Smith, City Clerk, January 25, 2000
Published by The Paducah Sun, /, -,Oce,
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