HomeMy WebLinkAboutAgenda Packet 04-08-2025
CITY COMMISSION MEETING
AGENDA FOR APRIL 8, 2025
5:00 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PROCLAMATION National Public Telecommunicators Week - B. LAIRD & A. COPELAND
PUBLIC COMMENTS
MAYOR'S REMARKS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A. Approve Minutes for the March 25, 2025, Board of Commissioners Meeting
B. Receive & File Documents
C. Appointment of Tab Brockman to the Brooks Stadium Commission
D. Personnel Actions
E. Declaration and sale of surplus property located at 729 South 13th Street - C.
GAULT
F. Approve the Application and Acceptance of the Kentucky League of Cities
2025 Workers Compensation Safety Grant in the Amount of $3,000 - S.
WILCOX
II. MUNICIPAL ORDER(S)
A. Approve an Addendum to the Development Agreement with C.I.R.CO for
318 Broadway - C. GAULT
III. ORDINANCE(S) - ADOPTION
A. Approve an Amendment to Chapter 42 of the Code of Ordinances - S. KYLE
& G. CHERRY
IV. ORDINANCE(S) - INTRODUCTION
A. Amend the FY25 City Budget to Increase Revenues and Expenditures for the
Community Development Block Grant Fund by $200,000 - H. REASONS
V. DISCUSSION
A. Budget Discussion - J. PERKINS & A. KYLE
B. Southside Revitalization Plan Discussion - C. GAULT
VI. COMMENTS
A. Comments from the City Manager
B. Comments from the Board of Commissioners
VII. EXECUTIVE SESSION
March 25, 2025
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, March 25,
2025, at 5:00 p.m.in the Commission Chambers of City Hall located at 300 South 5th Street,
Mayor George Bray presided. Upon call of the roll by City Clerk, Lindsay Parish, the following
the following answered to their names: Commissioners Henderson, Smith, Thomas,Wilson and
Mayor Bray (5).
INVOCATION
CommissionerSmithled the Invocation.
PLEDGE OF ALLEGIANCE
The Mayor led the pledge.
NEW EMPLOYEE INTRODUCTION
Greg Guebert introduced new employee, Andrew Shelton, Engineering Technician.
PROCLAMATION
Mayor Bray presented a Proclamationto Donna Reeder and A.J. Garnett of LiveWell
Community Health Services proclaiming March 25, 2025, HIV Awareness Day.
PRESENTATION
Communications Manager Pam Spencer offered the following Summary:
Budget Presentation from Paducah-McCracken County 911 Administrative Board
“Jeff Parker, chairman of the Paducah-McCracken County 911 Administrative Board, provided a
presentation about the upcoming fiscal year 2026 budget for the Paducah-McCracken County
911 Service which operates as a division of the Paducah Police Department. The expenses for the
current fiscal year are approximately $3.8 million. However, the proposed budget for the
upcoming fiscal year which begins July 1 is lower at approximately $3.34 million, a 12 percent
reduction. The difference between the two budgets is due to one-time purchases that occurred
during the current fiscal year.
In reviewing revenue sources for the current fiscal year (FY2025), the City contributed $1.713
million with the County contributing $1.257 million. The remaining revenue sources include
telecommunications taxes, Commercial Mobile Radio Service (CMRS) from the state, and grant
funding.
The newly created 911 Parcel Fee revenue source will ease the burden on the City and County
general fund accounts for fiscal year 2026. Parker said the 911 Parcel Fee and other expected
revenue sources will cover the vast majority of the expenses with the City and County covering a
shortfall of approximately $466,470. The 911 Parcel Fee may be amended in the future to avoid
the need to cover shortfalls from the City and County general funds.”
March 25, 2025
PUBLIC COMMENTS
Bill Dunn, McCracken County Property Valuation Administrator made comments about PVA
joining the GIS Consortium, and recognized Eric Stuber for hiswork.
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for
separate consideration. No items were removed. Mayor Bray asked the City Clerk to read
the items on the Consent Agenda.
I(A)Approve Minutes for the March 11, 2025, Board of Commissioners meeting.
I(B) Receive and File Documents:
Minute File:
1. Notice of Special Called Meeting of the Paducah Board of Commissioners –
March 4, 2025
2. Letter dated February 4, 2025, regarding possible conflict of interest – Carol
Gault – condo construction 608, 610 and 612 Broadway
Contract File:
1. Contract Modification #1 – Sprinturf, LLC – Paducah Sports Park – MO
#3008
2. Contract Modification #1 – A&K Construction – Paducah Sports Park –
MO #3009
3. Contract Modification #1 – Musco Sports Lighting, LLC – Paducah
Sports Park – MO #3010
4. Memorandum of Understanding – NextOp, Inc. and City of Paducah –
MO #3015
5. Contract with HdL – MO #3018
6. Contract Modifications 1-6 – A&K Construction – Tech Building –
MO #3019
7. Hotel Metropolitan Co-Stewardship Agreement Contract with
UpperTown Heritage Foundation - – MO #3021
Financials:
1. Kemper CPA Group Report – State of Kentucky Exhibit D-1 – Certificate of
Independent Public Accountants of Capital investment form.
2. Transit Authorityof the City of Paducah – Financial Statement with Auditor’s
Report – Year Ended June 30, 2024
3. 2025A – General Obligation Bonds Documents ORD 2024-01-8833
I(C ) Personnel Actions
I(D) Reappointment of Cindy Ragland, Basis Drossos and Cheryl Sullivan to the Creative
and Cultural Council. Said terms shall expire March 24, 2026, and March 24, 2028,
respectively.
March 25, 2025
I(E) A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR AND
ACCEPTANCE OF A 2025-2026 KENTUCKY HOUSEHOLD HAZARDOUS
WASTE GRANT THROUGH THE KENTUCKY DIVISION OF WASTE
MANAGEMENT IN AN AMOUNT OF $50,251, TO ASSIST IN FUNDING THE
CITY/COUNTY ANNUAL SPRING CLEAN-UP DAY, AND AUTHORIZING THE
MAYOR TO EXECUTE ALL GRANT DOCUMENTS AND AN INTERLOCAL
AGREEMENT WITH McCRACKEN COUNTY FOR SAID GRANT
(MO #3025, BK 14)
I(F) MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A CRUMB
RUBBER GRANT IN THE AMOUNT OF $43,650 THROUGH THE KENTUCKY
DEPARTMENT OF WASTE MANAGEMENT FOR POUR IN PLACE RUBBER
SURFACING AT KEILER PARK, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME. (MO #3026, BK 14)
I(G)A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE
PAYMENT TO THE MCCRACKEN COUNTY PVA IN THE AMOUNT OF
$49,941.86 FOR THE GIS CONSORTIUM’S PORTION OF THE AERIAL
IMAGERY OF McCRACKEN COUNTY, (MO #3027, BK 14)
Commissioner Henderson offered Motion, seconded by Commissioner Smith, that the items
on the consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Thomas, Wilson and
Mayor Bray (5).
MUNICIPAL ORDERS
ADOPT 2025-2026 CITY COMMISSION PRIORITIES
Commissioner Smith offered Motion, seconded by CommissionerHenderson, that the Board of
Commissioners adopt aMunicipal Order entitled: “A MUNICIPAL ORDER OF THE CITY OF
PADUCAH, KENTUCKY, ADOPTING THE CITY COMMISSION PRIORITIES FOR THE
CALENDAR YEARS 2025 AND 2026.”
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Thomas, Wilson and
Mayor Bray (5).(MO #3028, BK 14)
AUTHORIZE JOINT LETTER OF SUPPORT WITH McCRACKEN COUNTY FISCAL
COURT – GPED APPLICATION FOR GRANT FUNDING FOR NEW SPEC
BUILDING
Commissioner Thomas offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled: “A MUNICIPAL ORDER AUTHORIZING
THE MAYOR TO ISSUE A JOINT LETTER WITH THE MCCRACKEN COUNTY JUDGE
March 25, 2025
EXECUTIVE IN SUPPORT OF A GRANT APPLICATION FOR THE CONSTRUCTION OF
A SPECULATIVE BUILDING BY GREATER PADUCAH ECONOMIC DEVELOPMENT
AND EXPRESSING THE CITY'S INTENT TO PROVIDE FUNDING FOR THE PROJECT,
SUBJECT TO FUTURE COMMISSION APPROVAL.”
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Thomas, Wilson and Mayor Bray (5).
(MO #3029, BK 14)
ORDINANCE INTRODUCTION
AMEND CHAPTER 43 OF THE CODE OR ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY
CommissionerWilsonoffered Motion, seconded by Commissioner Thomas, that the Board of
Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING CHAPTER
42 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH.” This Ordinance is
summarized as follows: This ordinance amendment updates procedures associated with code
enforcement and nuisances in the City of Paducah in order to conform to amendments to the
relevant statutes and regulations since Chapter 42 was last updated. Language is added to limit
extensions provided to property owners to bring property up to Code and to permit Code
Officials to request that violations be heard by the Code Enforcement Board. This ordinance
amendment also updates filing and fees consistent with increased costs associated with
administration and filing. This ordinance is amended to add a codified mechanism for the
procurement of administrative search warrants which will enable code enforcement officials to
enter upon and to conduct inspections of private premises within the City in order to ensure
compliance with minimum fire, housing, and sanitation standards, while ensuring oversight of a
detached magistrate, by requiring a sworn affidavit and application setting forth the basis
therefore, the grounds for issuance, contents of the warrant, and execution thereof. Provisions are
added to define “enclosed building,” in reference to vehicles and appliances, and to declare
return of a junked vehicle or appliance following abatement or removal pursuant to ordinance to
be a violation. The ordinance amendment adds a provision declaring illegal, dilapidated, or
obsolete signs to be nuisances. The amendment adds language permitting the Battalion Chief to
act in place of the Deputy Chief in charge of the Fire Prevention Division in event of the Deputy
Chief’s absence. Finally, this amendment updates provisions related to residential rental
occupancy permits, requiring annual inspection of rental premises, removing provisions for
temporary permits, clarifying appeal rights as may be applicable under the KRS Chapter 227 or
815 KAR 10:060, and providing that a landlord’s failure to cooperate in rental inspections shall
be cause for suspension, revocation or denial of rental occupancy permits.
ORDINANCE ADOPTION
AMEND ORDINANCE NO. 2023-06-8781 –CHAPTER 26 “CEMETERIES” OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY.
Commissioner Hendersonoffered Motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an Ordinance entitled: “AN ORDINANCE AMENDING CHAPTER 26,
“CEMETERIES”, ARTICLES I AND II OF THE CODE OF ORDINANCES OF THE CITY OF
March 25, 2025
PADUCAH, KENTUCKY.” This Ordinance is summarized as follows: This Ordinance amends
Chapter 26, “Cemeteries” of the Code of Ordinances, to modify language related to maintenance
and hours of operation, including dates that are not available for services.
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Thomas, Wilson and Mayor Bray (5).
(ORD 2025-03-8840; BK 37)
DISCUSSIONS
Communications Manager Pam Spencer offered the following summary:
Police Department Deflection Program Update
“Paducah Police Chief Brian Laird provided an update on the Department’s Deflection Team
which has been in place since last summer. The Deflection Team, which includes Deflection
Specialist Allison Blackwell and Deflection Officer Matthew Wentworth, work to reduce police
contacts with people who may have mental health or substance abuse crises by working with
these individuals by building relationships and connecting them with community stakeholders
who promote recovery and mental health stability. This work provides needed assistance to the
individuals with the goal of deflecting away from incarceration. Seventy-five percent of
Blackwell’s salary is funded by opioid abatement settlement funds.
In reviewing the statistics from 2024, more than 33,000 people had contact with emergency
services in Paducah with 28 of those people having more than 30 contacts during the year. The
top ten people who reached out to emergency services in 2024 averaged 59 contacts.
To determine who may benefit from the assistance of the Deflection Team, the Team reviews
individuals who have a high volume of police interactions and a drug history. They also receive
referrals from officers and through community outreach. Once someone has been identified, the
Deflection Team works to build a relationship by checking-in daily, helping the person satisfy
their basic needs, and linking them with resources through partnerships with approximately three
dozen organizations.
The Team currently has more than 50 clients. In the last quarter of 2024, the Team made more
than 226 contacts and visited the Community Kitchen 90 times. Since the beginning of the
program, there has been a 20 percent decrease in client contacts with police and emergency
services. The Deflection Team’s assistance is helping the clients find coping mechanisms and
support without calling for police and emergency assistance.
Chief Laird outlined a few barriers to the deflection program’s success. Some clients don’t want
mental health or medical services. Plus, appointment scheduling can be a challenge. Laird also
mentioned that most clients need housing or identification. As the Deflection Team looks
forward, they want to work to establish a rapid connection to medication and treatment, a
streetside connection, with a goal of providing services in less than 48 hours. Chief Laird would
like to increase the team by adding another Deflection Specialist.”
March 25, 2025
Budget Discussion – Investment Fund
“As the Fiscal Year 2026 budget is being developed, budget topics will be discussed at various
Commission Meetings. The new fiscal year begins July 1. At this meeting, Finance Director
Jonathan Perkins provided an overview of the Investment Fund.
Each year, the city sets aside 25 percent of the annual payroll tax received into a separate fund
called the Investment Fund. For the current fiscal year (FY 2025), the Investment Fund
expenditures are divided into the following categories:
Debt service (15 percent)
Ongoing agency commitments (15 percent) – GPED, Barkley Regional Airport, Grant-in-
Aid, Sprocket, Community Scholarship Foundation, etc.
Recurring capital (32 percent) – paving of roadways, maintenance and improvements of
city facilities, demolitions, etc.
Other ongoing initiatives (16 percent) – Southside Development, Downtown Programs,
etc.
One-time projects (22 percent)
The revenue projection for the upcoming fiscal year is $6.97 million. However, there is an
expected increase in debt service payments.”
EXECUTIVE SESSION
Commissioner Smith offered motion, seconded by Commissioner Henderson, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topic:
Future sale or acquisition of a specific parcel(s) of real estate, as permitted by
KRS 61.810(1)(b)
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Thomas, Wilson, and Mayor
Bray (5).
RECONVENE
CommissionerHendersonoffered motion, seconded by Commissioner Thomas, that the
Paducah Board of Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Wilson, Thomas, and Mayor
Bray (5),
ADJOURN
CommissionerWilson offered Motion, seconded by Commissioner Thomas, that the
meeting be adjourned.
March 25, 2025
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Thomas, Wilson and Mayor
Bray (5),
TIME ADJOURNED: 7:13 p.m.
ADOPTED: April 8, 2025
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
April 8, 2025
RECEIVE AND FILE DOCUMENTS:
Deed File:
Commissioner’s Deed – 1801 Guthrie Avenue, 737 Goebel Avenue and 720 Joe Bryan Drive
(Full Gospel Tabernacle location) -MO #3016
Contract File:
1. Memorandum of Understanding – Trails End Development, LLC – ORD 2025-03-8837
2. Release Agreement – Evrard Company, Inc. – Dog Park – MO #2833
Financials:
1. Barkley Regional Airport Authority Financial Statements for the years ended June 30,
2024 and 2023
Agenda Action Form
Paducah City Commission
Meeting Date: April 8, 2025
Short Title: Declaration and sale of surplus property located at 729 South 13th Street - C. GAULT
Category: Municipal Order
Staff Work
By: Nancy Upchurch
Presentation
By: Carol Gault
Background Information: Shellia Kirkendoll (Teddy Bear Development) submitted a request to purchase
the property for $1 to construct an energy-efficient, 3-bedroom 2-bath home on the vacant lot. Landscaping will
be provided upon completion of the home. The value of the proposed investment is $180,262.50. Additionally,
she submitted an application for the Southside Home Funds on behalf of a potential buyer to be allocated to this
project. Once complete, she will market the home and the potential buyer may be eligible to benefit from the
Southside Home Grant funds, provided they meet the qualifications. If this project turns out as expected Ms.
Kirkendoll wants to build additional homes in the project area.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Southside Revitalization and Addressing the Housing
Shortage in the City of Paducah
Communications Plan:
Account Name:
Funds Available:
Account Number:
Staff Recommendation: It is recommended that the Commission determine that the property is surplus and
accept the request of the Shellia Kirkendoll and transfer the vacant lot for $1, subject to the standard clause
applied in the Fountain Avenue Revitalization Area stating that the property would revert back to the City if the
owner fails to comply with the submitted proposal to substantially complete the project within one year.
Attachments:
1. MO - prop sale– 729 South 13th Street
2. SOA2024-0008 Staff Report 729 South 13th Street
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 729 SOUTH
TH
13
STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, ACCEPTING THE
BID OF SHELLIA KIRKENDOLL OF TEDDY BEAR DEVELOPMENTIN THE AMOUNT
OF ONE DOLLAR ($1) AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED
AND ALL DOCUMENTS RELATED TO SAME
WHEREAS, pursuant to KRS 82.083 a written determination has been made that
the City does not have any use at this time or in the future for properties located at 729 South
13thStreet, Paducah, Kentucky, which constitutes surplus real estate; and
WHEREAS, the City advertised for bids on several occasions, the last being in
May 2022, and no bids were received; and
WHEREAS, KRS 82.083(5) states that “if a city received no bids for real or
personal property, either at public or electronic auction or by sealed bid, the property may be
disposed of, consistent with the public interest, in any manner deemed appropriate by the City;”
and
WHEREAS, Shellia Kirkendoll of Teddy Bear Development submitted a request
to purchase the property for $1 to construct an energy-efficient 3-bedroom, 2-bath home on the
vacant lot with a total proposed investment of $180,262.50; and
WHEREAS, the City desires to accept the proposal for sale to Shellia Kirkendoll
of Teddy Bear Development, in the total amount of One Dollar ($1), with the understanding that
the property shall revert back to the City if the owner fails to comply with the submitted proposal
to substantially complete the project within one year.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property located
at 729 South 13th Street, Paducah, Kentucky to be surplus property as it relates to the operations
of the City. Further, the Board of Commissioners hereby accepts the bid of Shellia Kirkendoll of
Teddy Bear Development in the amount of One Dollar ($1) for the purchase of real property
located at 729 South 13th Street, Paducah, Kentucky, subject to the fact that the property shall
revert back to the City if the owner fails to comply with the submitted proposal to substantially
complete the project within one year.
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved in
Section 1 above.
SECTION 3.This Order shall be in full force and effect from and after the date
of its adoption.
______________________________
Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 8, 2025
Recorded by Lindsay Parish, City Clerk, April 8, 2025
\\mo\\prop sale– 729 South 13th Street
S TAFF R EPORT
S TAFF R EPORT
SOA
P ADUCAH C ITY C OMMISSION
APPLICATION INFORMATION
th
ADDRESS 729 South 13 Street
CASE NO.SOA2024-0015
City of Paducah
OWNER
APPLICANT Teddy Bear Estates/Shellia Kirkendoll
AGENT---
REQUEST
Sale of Asset
HEARING DATE
April 8, 2025
GENERAL SITE INFORMATION
R-4
C URRENT Z ONING
Vacant
C URRENT L AND U SE
Neighborhood Conservation
C OMPREHENSIVE P LAN
None
C URRENT I MPROVEMENTS
No
F LOODPLAIN
Power, gas, water
P UBLIC U TILITIES
Paducah Fire, Paducah Police
P UBLIC S ERVICES
SURROUNDING AREA INFORMATION
S URROUNDING Z ONING S URROUNDING L AND U SE
R-3Single Family
N ORTH
R-3Vacant Lot
S OUTH
R-3 Vacant Lot
E AST
M-1Vacant Lot
W EST
GENERAL INFORMATION
The disposition of surplus or excess property is governed by City Code Section 2-668;
which references KRS 82.083.
S TAFF R EPORT
ACQUISITION OF THE PROPERTY
The City of Paducah acquired this property in March 2021. The structure on the lot was
demolished. The intended use for the property was to market to a developer that would
construct a home on the lot.
This property has been advertised several times, the last time being in May, 2022. There
has never been a complete bid submitted on this property. KRS 82.083(5) states “If a
city receives no bids for the real or personal property, either at public or electronic
auction or by sealed bid the property may be disposed of, consistent with the public
interest, in any manner deemed appropriate by the City. In those instances, a written
description of the property, the method of disposal, and the amount of compensation,
if any, shall be made.”
th
DESCRIPTION OF THE PROPERTY: 729 S 13 Street
th
The lot is located on the corner of South 13 and Tennessee Street. Approximate measurements of
the lot is 35’ X 159’ X 39’ X 141’
DISPOSITION OF THE PROPERTY
Typically, it is in the best interest of the City to transfer ownership of underutilized
parcels to a responsible citizen, thereby placing the property back on the tax rolls and
S TAFF R EPORT
eliminating the maintenance and liability costs. Property disposal method: Accept the
sole offer and transfer as recommended by Planning Staff.
BID INFORMATION
Teddy Bear Estates/Shellia KirkendollBid Amount: $1
Ms. Kirkendoll submitted a request to purchase the property for $1 to
construct an energy-efficient, 3-bedroom 2-bath home on the vacant lot.
Landscaping will be provided upon completion of the home. The value of
the proposed investment is $180,262.50. Additionally, she submitted an
B ID #1
application for the Southside Home Funds on behalf of a potential buyer
to be allocated to this project. Once complete, she will market the home
and the potential buyer may be eligible to benefit from the Southside
Home Grant funds, provided they meet the qualifications. If this project
turns out as expected Ms. Kirkendoll wants to build additional homes in
the project area.
STAFF RECOMMENDATION
It is recommended that the Commission determine that the property is surplus and
accept the request of the Shellia Kirkendoll and transfer the vacant lot for $1, subject to
the standard clause applied in the Fountain Avenue Revitalization Area stating that the
property would revert back to the City if the owner fails to comply with the submitted
proposal to substantially complete the project within one year.
Agenda Action Form
Paducah City Commission
Meeting Date: April 8, 2025
Short Title: Approve the Application and Acceptance of the Kentucky League of Cities 2025 Workers
Compensation Safety Grant in the Amount of $3,000 - S. WILCOX
Category: Municipal Order
Staff Work By: Stefanie
Wilcox, Hope Reasons
Presentation By: Stefanie
Wilcox
Background Information: The Workers’ Compensation Safety Grant is a 50/50 matching grant for
approved purchases. Members with workers’ compensation premiums before taxes of $35,000 and above are
eligible for up to $3,000 grant reimbursements. This is a reimbursement grant. The Human Resources
Department is requesting $3,000 toward the reimbursement of personal protective equipment for the Fire
Department. The 50/50 match requirement will be fulfilled by the prior purchase of the protective equipment.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Account Name:
Funds Available:
Account Number:
Staff Recommendation: Approve the application and acceptance of the KLC Safety Grant and authorize the
Mayor to sign all documentation related to same.
Attachments:
1. MO - app & award - klc safety grant 2025 - fire dept.
MUNICIPAL ORDER NO. _____________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION
FOR A 2025 KENTUCK LEAGUE OF CITIES WORKERS COMPENSATION SAFETY
GRANT IN THE AMOUNT OF $3,000 TOWARD REIMBURSEMENT FOR PERSONAL
PROTECTIVE EQUIPMENT FOR THE FIRE DEPARTMENT, ACCEPTING ANY GRANT
FUNDS AWARDED BY KLCIS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute an application to obtain
a 2025 Matching Insurance Services Safety Grant in the amount of $3,000 from the Kentucky
League of Cities. The grant will be used for reimbursement of personal protective equipment for
the Fire Department.
SECTION 2. That the City of Paducah hereby authorizes the acceptance of any
and all grant funds awarded by the Kentucky League of Cities Insurance Services Safety Grant
and authorizes the Mayor to execute the Grant Agreement and all related documents.
SECTION 3. The 50/50 matching requirement will be fulfilled by prior purchase
of the protective equipment.
SECTION 4. This order will be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 8, 2025
Recorded by Lindsay Parish, City Clerk, April 8, 2025
\\mo\\grants\\app & award - klc safety grant 2025 – fire dept.
Agenda Action Form
Paducah City Commission
Meeting Date: April 8, 2025
Short Title: Approve an Addendum to the Development Agreement with C.I.R.CO for 318 Broadway - C.
GAULT
Category: Municipal Order
Staff Work
By: Carol Gault
Presentation
By: Carol Gault
Background Information: The developer has met the conditions of the agreement for the transfer of the
property. The next step is to transfer the property upon execution of the agreement addendum. Plans have been
approved by the Planning Director. The developer has obtained the necessary permits from the Fire Prevention
Division of the Fire Department for the proposed work. The work will begin in May with a projected
completion within 15 months.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Downtown/Economic Development
Communications Plan:
Account Name:
Funds Available:
Account Number:
Staff Recommendation: Approval of the addendum to the Development Agreement with C.I.R.Co for 318
Broadway
Attachments:
1. MO Addendum to Development Agreement – C.I.R.CO 318 Broadway – Kresge Site
2. ADDENDUM TO DEVELOPMENT AGREEMENT FOR 318 BROADWAY - CIRCO LLC
(00258286x9D931) (002).DOCX addendum
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER APROVING AN ADDENDUM TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH,
KENTUCKY, C.I.R.CO PROPERTIES, LLC, AND 314 CONDOMINIUMS
ASSOCIATION CORPORATION FOR THE PROPERTY LOCATED AT 324
BROADWAY AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME
WHEREAS, on June 11, 2024, the Board of Commissioners approved a
Development Agreement with C.I.R.Co., LLC, by Municipal Order 2907, declaring the property
located at 324 Broadway (formerly known as 318 Broadway), Paducah, Kentucky, to be surplus
property and authorizing the transfer of said property, contingent upon the Developer receiving
the necessary permits from the City of Paducah; and
WHEREAS, in order to comply with the requirements of the Kentucky Building
Code, certain modifications and additions to the terms of the Development Agreement are
required, to which the original parties and the Association have agreed; and
WHEREAS, the City now wishes to enter into an addendum to the Development
Agreement.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. Recitals. That the City of Paducah authorizes and directs the Mayor
to execute an Addendum to the Development Agreement with C.I.R.CO, LLC in substantially
the form attached hereto and made a part hereof as Exhibit “A” together with such other
agreements, instruments or certifications which may be necessary to accomplish the transaction
contemplated by the Addendum not inconsistent with this Municipal Order and not substantially
adverse to the City as may be approved by the Mayor.
SECTION 2. Effective Date. This Order shall be in full force and effect from and
after the date of its adoption.
_____________________________
George Bray, Mayor
ATTEST:
____________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 8, 2025
Recorded by Lindsay Parish, City Clerk, April 8, 2025
MO\\Addendum to Development Agreement – C.I.R.CO 318 Broadway – Kresge Site
ADDENDUM TO DEVELOPMENT AGREEMENT
This Addendum is made and entered into on the ___ day of __________, 2025 by and
between the CITY OF PADUCAH, KENTUCKY (the “City” or “City of Paducah”), C.I.R.CO
PROPERTIES, LLC, a Kentucky limited liability company (the “Developer”), and 314
CONDOMINIUMS ASSOCIATION CORP., a Kentucky corporation (the “Association”).
WHEREAS, the City and the Developer entered into a Development Agreement dated
June 12, 2024 regarding development of a certain tract of vacant real estate located at 324
Broadway Street (the “Property”); and
WHEREAS, in order to comply with the requirements of the Kentucky Building Code,
certain modifications and additions to the terms of the Development Agreement are required, to
which the original parties and the Association have agreed; and
WHEREAS, the parties desire to formalize those modifications herein;
NOW THEREFORE, in consideration of the foregoing premises, and for other valuable
consideration, the legal adequacy and sufficiency of which is hereby acknowledged, the parties
covenant and agree as follows:
1. Subdivision. The parties acknowledge that the Property must be subdivided in order to
implement Developer’s design plans while also satisfying the requirements of the Kentucky
Building Code. The parties agree that the Property will be subdivided into two (2) tracts, as
shown on the plat of survey attached hereto as Exhibit 1, and further described as follows:
A.A 15-foot tract adjacent to the building located at 314 Broadway Street,
Paducah, Kentucky shall be conveyed from the City to 314 Condominiums Association
Corp. The parties acknowledge that the Association is the current owner of 314
Broadway Street, Paducah, Kentucky, which property is being developed in conjunction
with the Property subject to the Development Agreement. Conveyance of this tract shall
be subject to the reversion provisions in paragraph 2 below.
B.A 25-foot tract consisting of the remaining portion of the Property (as
originally described in the Development Agreement and Exhibit A thereto) shall be
conveyed to the Developer in accordance with paragraph C(1) of the Development
Agreement and shall be subject to the reversion provision found in Paragraph C(3) of the
Development Agreement.
2.Reversion. If the Developer defaults on the Development Agreement or this
Addendum, including failure to initiate construction within thirty (30) days of transfer of the
property to the Association, the City may resume possession and ownership of the 15-foot tract.
The City may exercise this right of reversion by providing notice to the Association and
Developer and, upon receipt of such notice, the deed shall be forfeited and the 15-foot tract shall
revert to the City for no consideration. In such event, all of the monetary investments and
improvements made to such property shall be forfeited without any compensation or right to
compensation whatsoever. If the City elects to exercise its rights under this section, the
1
Association shall promptly take all reasonable steps to cause the transfer and conveyance of the
property back to the City, at no out-of-pocket cost to the City, such that as nearly as practicable
the City is restored with marketable fee title to the property free and clear of any mortgages,
liens, encumbrances, and adverse interests.
3.Term/Termination. Developer agrees to satisfy its obligations under paragraph
C(1) of the Development Agreement no later than May 31, 2025. The City reserves the right to
terminate the Development Agreement and this Addendum if Developer has not satisfied its
requirements under paragraph C(1) of the Development Agreement by May 31, 2025.
Developer further agrees to commence work on the Development within thirty (30) days
of transfer of the Property and to complete the Development within fifteen (15) months of
commencing work. Failure to do so shall constitute a default of the terms of the Development
Agreement and this Addendum, and, in such event, the City reserves the right to terminate this
Agreement and to exercise its rights of reversion with respect to the Property.
4.Binding Agreement/Authority. The Developer and the Association agree to be
bound by the terms of the Development Agreement and this Addendum, and represent that they
have all necessary authority to enter into the Development Agreement and this Addendum.
5.Ratification. The parties acknowledge that, except as stated herein, all other
terms of the Development Agreement shall remain in full force and effect.
WITNESS the signatures of the parties on the date first above written.
DEVELOPER:CITY:
CI.R.CO PROPERTIES, LLCCITY OF PADUCAH, KENTUCKY
By__________________________________By___________________________________
Andrew Hardin, Member George Bray, Mayor
By__________________________________
Blake Calhoun, Member
Date:_______________________________Date:_________________________________
314 CONDOMINIUMS ASSOCATION
CORP.
By__________________________________
Blake Calhoun, President
By__________________________________
Jared Morgan, Vice President
2
Date:________________________________
3
Agenda Action Form
Paducah City Commission
Meeting Date: April 8, 2025
Short Title: Approve an Amendment to Chapter 42 of the Code of Ordinances - S. KYLE & G. CHERRY
Category: Ordinance
Staff Work By: Greg Cherry, April
Tinsman, Steve Kyle
Presentation By: Greg Cherry, Steve
Kyle
Background Information: This ordinance is being updated due to passage of time and to conform
amendments in applicable state laws and regulations, increased costs associated with administration and filing
fees. There area also changes that are resulting from the growth and development that have occurred in the
City since this ordinance was originally enacted specifically in Article III. All of the updates being
recommended will allow for the utilization of administrative search warrants, to improve upon the residential
rental occupancy inspection program, and to ensure the City's enforcement codes are up to date with applicable
state laws.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Rental Property Occupancy Permitting
Communications Plan:
Account Name:
Funds Available:
Account Number:
Staff Recommendation: Approve changes as recommended.
Attachments:
1. ORDINANCE - Amending CHAPTER 42
ORDINANCE NO. 2025-___________________
AN ORDINANCE AMENDING CHAPTER 42
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, Chapter 42 of the Paducah Code of Ordinances was enacted to protect
landowners’ right to enjoyment of their property consistent with state law and City ordinances,
and to provide a mechanism to ensure such use does not infringe on the rights of adjacent
landowners, including through inspection, enforcement, and abatement procedures;
WHEREAS, Chapter 42 is in need of amendment due to passage of time, increased costs
associated with administration and filing, and to conform to amendments in applicable state laws
and regulations;
WHEREAS, the health and safety of the citizens of the City of Paducah is dependent upon
enforcement of minimum fire, housing and sanitation standards and the only effective means of
enforcing such codes is by consistent enforcement and routine systemized inspections of all
physical structures;
WHEREAS, Courts have held that the decision to enter and inspect will not be the product
of the unreviewed discretion of the enforcement officer in the field and a codified mechanism for
the procurement of administrative search warrants will enable code enforcement officials to enter
upon to conduct inspections of private premises within the City to ensure compliance with
minimum fire, housing, and sanitation standards, with oversight of a detached magistrate,; and
WHEREAS, due to growth and development in the City of Paducah, the residential
rental landscape has changed since Article III of Chapter 42 was implemented related to
residential rental occupancy permits and is now in need of updates; and
WHEREAS, Chapter 42 of the Paducah Code of Ordinances must be amended to allow
for the utilization of administrative search warrants, to improve upon the residential rental
occupancy inspections program, and to ensure the City’s enforcement codes are up to date with
applicable state laws.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1.That the City of Paducah, Kentucky, hereby amends Chapter 42 of the
Paducah Code of Ordinances by amending the following sections:
Sec. 42-34. – General powers.
\[…\]
(c) The Code Enforcement Board shall have the authority to conduct hearings and make
determinations regarding all code violations, but shall not have the authority to
conduct hearings and make determinations regarding violations of article IV, Noise,
of this chapter or violations of buildings and buildings regulations in chapter 18.
(d) The Code Enforcement Board shall have the authority to conduct hearings and make
determinations regarding appeals from the decision of the Deputy Chief/Fire Marshal
of the Fire Prevention Division or Battalion Chief as to a rental occupancy permit set
forth in section 42-41.5, except that the Code Enforcement Board shall not have
authority over decisions of the State Fire Marshal with respect to appeals filed in
the State Fire Marshal’s Office pursuant to 815 KAR 10:060 or KRS 227.380(2).
\[…\]
Sec. 42-37. – Abstention due to Conflict of Interest.
Any member of the 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 abstain disqualify such member’s self from voting on the matter in which such
member has an interest. and shall not be counted for purposes of establishing a quorum.
Abstentions shall have no effect on establishing a quorum for purposes of voting and
shall only be considered as a “no vote” on the matter.
\[…\]
Sec. 42-39. – Powers of the Code Enforcement Board.
The Code Enforcement Board shall have the following powers and duties over all matters
contained in this article:
\[…\]
(4) To take testimony under oath. The Chairman and/or City staff members shall have
the authority to administer oaths for the purpose of taking testimony.
\[…\]
(8) To provide extensions to property owners during which remedial work to bring the
property into compliance with the International Property Maintenance Code may
be performed in lieu of fines, not to exceed extensions of ninety (90) days, absent
extraordinary cause calling for additional time, as determined by vote of the Code
Enforcement Board. Such extensions shall not be granted for violations related to
nuisances listed in Sec. 42-50, including but not limited to high grass, weeds,
rubbish, or junk motor vehicles and appliances as defined in Section 42-48.
(9)(8) To conduct hearings to consider appeals from the determination of the Deputy
Chief/Fire Marshal of the Fire Prevention Division as to the suspension, revocation,
or denial of a rental occupancy permit in accordance with section 42-41.5.
(9) To conduct hearings to determine if a property owner has allowed a property to become
condemned and incur violations by demolition by neglect.
(10) To set a regular monthly meeting date and call special meetings as needed.
\[…\]
Sec. 42-40. – Enforcement hearing.
\[…\]
(8) Notwithstanding the provisions of paragraph (7) of this section, when, in the
opinion of a Code Enforcement Officer, a hearing is necessary or advisable to
address continuing violations, the Code Enforcement Officer may request a
hearing before the Code Enforcement Board. Notice of the hearing shall be issued
to the offender in accordance with the provisions of this section.
Sec. 42-41. – Enforcement hearing; notice; final order.
\[…\]
(b) Not less than seven (7) days before the date of the hearing, the Code Enforcement
Board shall notify the offender of the date, time, and place of the hearing. The notice
may be given by standard U.S. mail; 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 (18) years of age or older and who is
informed of the contents of the notice.
\[…\]
(e) The Code Enforcement Board shall, based on the evidence, determine whether a
violation was committed. In making its determination, the The Code Enforcement
Board shall determine, based on the evidence presented, including photographs
and testimony, whether a violation was committed. When the Board determines
that no violation was committed, an order dismissing the citation shall be entered.
When the Board determines that a violation has been committed, the board may
issue an order upholding the citation and may order the offender to do one of the
following:use an arbitrary and capricious standard and shall uphold the citation unless
the issuance of the citation was clearly erroneous. The Code Enforcement Board shall
uphold the citation if pictorial or photographic evidence supporting the citation is
provided by the 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 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. The Code Enforcement Board
may determine that the violations and the real property owner should be referred to
the County Attorney or Commonwealth Attorney for criminal prosecution.
(1) Pay a civil fine in an amount up to the maximum authorized by ordinance;
or
(2) Remedy a continuing violation within a specified time not to exceed ninety
(90) days to avoid the imposition of a fine as authorized in Sec. 42-43. Such
extensions shall not be granted for violations related to nuisances listed in
Sec. 42-50, including but not limited to high grass, weeds, rubbish, or junk
motor vehicles and appliances as defined in Section 42-48.
(f) Every final order or findings of fact of the 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 or findings of fact is issued, the order shall be delivered forwarded
within seven (7) days of entry in accordance with the procedures for service and
notice set forth herein.
(g) The City or the Code Enforcement Officer, at the Code Enforcement Officer’s
discretion, may remedy the violation to bring the property into compliance with the
Code, if the citation is not contested or if a final order upholding the citation is entered
by the Code Enforcement Board. In such event, the City shall possess a lien on the
property for all costs of abatement, civil fines for violation, including charges and
fees associated with filing any such lien, and attorney’s fees.
(h) Nothing in this section shall prohibit the City from taking immediate action in an urgent
situation where the existence of a violation presents imminent danger, 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, , if necessary,
as determined by the Fire Chief, the Deputy Chief of the Fire Prevention Division,
Battalion Chief, Fire Marshal, or the City Manager.
Sec. 42-41.5. – Rental occupancy permit appeals.
In the event a landlord wishes to appeal the a determination of by the Deputy Chief of
Fire Prevention or Battalion Chief to sustain a decision by a Code Enforcement Officer
in suspending, revoking, or denying a rental occupancy permit pursuant to Sec. 42-
73(b)as to the suspension, revocation, or denial of a rental occupancy permit, the appeal
shall be taken before the Code Enforcement Board in accordance with the following
provisions:
(1)Upon receipt of an appeal from a landlord, the Code Enforcement Board shall schedule
a hearing. The Board shall hold hearings once a month. All parties to the appeal shall
be notified of the time and place of the hearing by letter mailed by regular first-class
mail, 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 (18) years of age or older and who is informed of the
contents of the notice. Such notice shall be provided no later than seven (7) days
prior to the date of the hearing. The Board shall forward a written copy of its render a
decision within five (5) working seven (7) days after the hearing.
(2)All testimony shall be taken under oath and recorded. Testimony shall be taken
from the Code Officer, landlord, and any witnesses to the violation(s) cited by the
Code Officer in support of his or her suspension, revocation, or denial of a rental
occupancy permit. Formal rules of evidence shall not apply, but fundamental due
process shall be observed and shall govern the proceedings. At the hearing, the Code
Enforcement 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.
(3)The issue to be determined by the Code Enforcement Board shall be whether the
evidence supports the Code Enforcement Officer’s determination of noncompliance
with Sec. 42-69 such that suspension, revocation, or denial of the rental occupancy
permit is or was warranted.is based upon a preponderance of the evidence submitted.
The Code Enforcement Board may sustain affirm, reverse, or modify (e.g.,
suspending rather than revoking a permit), or reverse the action of the Code
Enforcement Officer. The final decision of the Board shall be mailed to the landlord.
(4)A notice to tenants of the final decision of the Code Enforcement Board shall be mailed
to each tenant and prominently posted 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.
(5)Any appeal properly taken under this section shall suspend the enforcement of the Code
Officer’s determination, unless the Code Enforcement Officer’s determination finds
the landlord’s noncompliance to be life threatening, a distinct fire hazard, or
imminent danger.
\[…\]
Sec. 42-44. – Lien; fines, charges, abatement costs, fees, penalties, attorney fees and costs.
(a)The City shall possess a lien on the property owned by the person found by a non-
appealable final order, or by a final judgment of the Court, to have committed a
violation of the code for all fines assessed for the violation and for all charges, costs,
penalties, abatement costs, and fees, including without limitation, attorney’s fees and a
$30.00 50.00 administration fee, incurred by the City in connection with the
enforcement of the code. The lien shall bear interest at the rate of four (4) eight (8)
percent per annum until paid. An affidavit of the Code Enforcement Officer shall
constitute prima facie evidence of the amount of the lien and the regularity of the
proceedings pursuant to KRS 65.8801 to 65.8839.
\[…\]
(d) In addition to the remedy prescribed in subsection (a) of this section, the person
property owner found to have violations of this chapter on his/her
property committed the violation shall be personally liable for the amount of all fines
assessed for the violation and for all charges, costs, penalties, abatement costs, and fees,
including without limitation attorney’s fees and a $30.00 administration fee, incurred
by the City in connection with the enforcement of the code. The aforesaid amount shall
bear interest at the rate of four eight (4 8) percent per annum until paid. The City may
bring a civil action against the responsible owner and shall have the same remedies as
provided for the recovery of a debt.
Sec. 42-45. – Lienholder notification system and liens.
The City shall obtain and maintain priority over previously filed liens, in accordance with
the following provisions:
\[…\]
(4) Once every ten (10) days, the City may shall send electronic mail notification of all final
orders entered pursuant to this article since the last date of notification to each party
registered. The notification shall provide an electronic link to the City code
enforcement database located on the City website. The database shall include the
following information regarding each final order:
a.The name of the person charged with a violation;
b.The physical address of the premises where the violation occurred;
c.The last known mailing address of the owner of the premises where the
violation occurred; , if in the exercise of reasonable diligence it is
ascertainable;
d.A copy of a specific description of the citation A copy of the full citation
subject to the final order;
e.A copy of the findings of the final order, including penalties; and
f.The status of the final order regarding with regard to its ability to be
appealed pursuant to this article, except that the City shall provide an
update to registrants if an appeal is filed on a final order.
(5) Within ten (10) days of the issuance of a final order pursuant to this article At the same
time the electronic notification required by subsection (4) of this section is sent,
the City shall update its code enforcement database to reflect the issued final order, and
shall post the notification required by subsection (4) of this section containing an
updated link to the code enforcement database on the City website Web site.
(6) The City shall maintain the records created under this section for ten (10) years
following their issuance.
(7) Except where the violation requires immediate action under Sec. 42-41(h), Aa lien
holder of record who has registered pursuant to this section may, within forty-five (45)
days from the date of issuance of notification:
a. Correct the violation, if it has not already been abated; or
b. Pay all civil fines assessed for the violation, and all charges and fees
incurred by the City in connection with enforcement of the article, including
abatement costs.
(8) The lien provided by this article shall not take precedence over previously recorded
liens if:
a.The City failed to comply with the requirements of this article for
notification of the final order; or
b.A prior lien holder complied with subsection (7) of this section.
(9) A lien that does not take precedence over previously recorded liens shall, if the final
order remains partially unsatisfied, take precedence over all other subsequent liens
except liens for State, County, school board, and City taxes.
(10) The City may record a lien before the forty-five (45) day period established in this
section expires. If the lien is fully satisfied prior to the expiration of the forty-five (45)
day period, the City shall release the lien in the County clerk’s office where the lien is
recorded within fifteen (15) days of satisfaction.
(11) Failure of the City to comply or failure of a lien to take precedence over previously
filed liens as provided herein shall not limit or restrict any other remedies the City has
against the property of the violator.
Sec. 42-46. – Ordinances enacted for enforcement.
Articles I, II and III of this chapter are enacted for enforcement by the Code Enforcement
Board and/or the Code Officer or Code Official pursuant to KRS 65.8801 et seq.
Additional Ordinances or sections of the Code may be enacted or adopted for enforcement
herein.
\[…\]
(3)Due Process and Right of Entry. Where it is necessary to make an inspection
to enforce the provisions of this code, or whenever the code official has reasonable
cause to believe that there exists in a structure or upon a premises a condition in
violation of this code, the code official is authorized to enter the structure or premises
at reasonable times to inspect or perform the duties imposed by this code, provided
that if such structure or premises is occupied the code official shall present credentials
to the occupant and request entry. If such structure or premises is unoccupied, the
code official first shall make a reasonable effort to locate the owner or other person
having charge or control of the structure or premises and request entry. If entry is
refused or the person having charge or control cannot be located, the code official
shall utilize the procedures set forth in subsection (4) of this Section to obtain an
Administrative Search Warrant, unless a lawful exception to the requirement for a
warrant exists.
(4)Administrative Search Warrant.
a. Definition. Administrative Search Warrant means a written order of a judge
or other officer authorized by statute to issue search warrants that command
the search or inspection of any property, place or thing, and the seizure,
photographing, copying, or recording of property or physical conditions
found. An administrative search warrant authorizes an officer to enter
premises to conduct any inspection, sampling, and other functions required
or authorized by law to determine compliance with the provisions of an
ordinance, code, statute, or other regulation including, but not limited to,
those relating to the use, condition, or occupancy of property or structures.
b. Who may apply for warrant.
(1) Whenever any law, statute or regulation in the Commonwealth of
Kentucky, including but not limited to the Paducah Code of
Ordinances, requires or authorizes an inspection or investigation of any
place or thing, the Administrative or Code Officer charged to enforce
that law, acting in the course of his or her official duties, may apply for
an administrative search warrant. For this purpose, Administrative or
Code Officer includes a Building Inspector, Code Enforcement Officer,
Fire Chief, Deputy Chief, Battalion Chief, Fire Marshal, their deputies,
Professional Engineer, Health Inspector, or other duly authorized
representatives, as the case may be.
(2) Before filing an application for an administrative search warrant, the
administrative officer shall consult with legal counsel as to its legality
in both form and substance.
c. Contents of application. The application shall:
(1) Be supported by an affidavit sufficient under Section 10 of the
Kentucky Constitution and be sworn to before an officer authorized to
administer oaths as provided in the Kentucky Rules of Criminal
Procedure or other applicable law;
(2) State the applicant’s status in applying for the warrant, the ordinance
or regulation requiring or authorizing the inspection or investigation,
and the nature, scope and purpose of the inspection to be performed;
(3) Describe the property or places to be entered, searched, inspected, or
seized in sufficient detail and particularity that the officer executing the
warrant can readily ascertain it;
(4) State:
(i) The basis upon which sufficient cause exists to search or inspect for
violations of the ordinance or regulation specified; and
(ii) One of the following:
A.That, for the purpose of making an inspection, access to the
property has been sought from and refused by the regulated
party; or
B.That, after making a reasonable effort, the applicant has been
unable to locate the regulated party; or
C.That the facts or circumstances reasonably show that the
purposes of the inspection or investigation might be frustrated if
entry were sought without first procuring a warrant.
d. Grounds for issuance.
(1) An administrative search warrant may issue upon a showing that
probable cause for the inspection, investigation, or seizure exists and
that the other requirements for granting the warrant are satisfied.
Probable cause may be shown by:
(i) Reasonable legislative or administrative standards for conducting a
routine, periodic, or area inspection and that those standards are
satisfied with respect to the location;
(ii) A reasonable administrative inspection program exists regarding the
condition of the property and that the proposed inspection comes
within that program;
(iii) A health, public protection or safety ordinance, regulation, statute,
standard or order and that specific evidence of a condition or
nonconformity exists with respect to the particular location; or
(iv) An investigation is reasonably believed to be necessary in order to
determine or verify the condition of the location based on a tip,
complaint, or the condition of an adjacent space, dwelling or
property.
(2) A copy of the administrative search warrant and supporting affidavit
shall be retained by the issuing officer and filed by such officer with the
clerk of the court and administrative body to which the warrant is
returnable.
e. Contents of Warrant.
(1) The warrant:
(i) May direct its execution and return by the administrative officer
charged to enforce the ordinance or regulation specified in the
application;
(ii) Shall specify the property, place, structure, premises, vehicle, or
records to be searched, inspected, entered upon, or seized in sufficient
detail and particularity that the officer executing the search warrant
can readily ascertain it;
(iii) May contain direction as to the time and manner of its execution;
and
(iv) Shall command the return to the appropriate court or
administrative body of any evidence of ordinance violations found,
or of any property seized pursuant thereto, or a description of such
property seized or condition(s) abated, to be dealt with according to
law.
f. Execution and return.
(1) Unless otherwise prescribed in the warrant, the officer executing an
administrative search warrant shall make return thereof to the
appropriate court within a reasonable time of its execution. The return
shall show the date and hour of service.
(2) Except as provided in the following sentence, in executing a search
warrant the person authorized to execute it shall, before entry, make a
reasonable effort to present credentials, authority and purpose to an
occupant or person in possession of the location designated in the
warrant and show him or her the warrant or a copy thereof upon
request. If at the time of execution of a search warrant, the premises is
unoccupied or not in possession of any person, the personnel authorized
to execute the warrant need not inform anyone of his or her authority
and purpose, as prescribed in the preceding sentence, but may
promptly enter the designated location at the time reasonably believed
to be unoccupied after orally announcing their credentials and
authority to execute the warrant.
(3) If any property is seized incident to the search, the officer shall give the
person from whose possession it was taken (if the person is present) an
itemized receipt for the property taken. If no such person is present,
the officer shall leave the receipt at the site of the search in a
conspicuous place. The return shall be accompanied by any
photographs, copies, or other recordings made, and by any property
seized, along with a copy of the itemized receipt of such property
acquired by this section. This subsection shall not apply to junk motor
vehicles removed by contractors pursuant to Sec. 42-48 of this Chapter.
(4) The officer may summon as many persons as he deems necessary to
assist him in executing the warrant and may request that a peace officer
assist in the execution of the warrant.
(5)Savings Clause. \[…\]
(6)Conflicts. \[…\]
(7) Collection of costs incurred by city. \[…\]
\[…\]
Sec. 42-47. – Litter.
(a)Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meeting:
Commercial handbill means 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:
(1)Which advertises for sale any merchandise, product, commodity, or thing;
(2)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;
(3)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
statute, or under any ordinance of this city; or
(4)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 or entity so
engaged as advertiser or distributor.
\[…\]
Sec. 42-48. – Vehicles and appliances.
(a)Definitions. The following words, terms, and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
\[…\]
Enclosed building means a building enclosed on all sides, including a roof and
floor, and constructed of materials permissible for the zone in which it is situated
as dictated by Chapter 126 of the Paducah Code of Ordinances.
\[…\]
(b)Declaration of nuisance; exceptions.
(1)The presence of any junked 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 vehicle or
appliance on the real property of another or to suffer, permit or allow a junked
vehicle or appliance to be parked, left or maintained on one’s own real property, or
otherwise to return a junked vehicle or appliance to property after such
junked vehicle or appliance was removed or abated pursuant to this Section,
provided that this provision shall not apply with regard to:
\[…\]
(3) Classic or collector vehicles. A junk motor vehicle which is owned by a collector
of antique, vintage, historic, classic, or muscle and special interest vehicles, which is
in the process of restoration, and which is recognized by national vehicle organizations
such as the Vintage Motor Car Club of America or SEMA. Such vehicles, when located
in the public view prior to or during the restoration process, shall, upon request by a
Code Enforcement Officer, be moved to a n enclosed building, storage, or work area
not readily visible by to the general public.
\[…\]
Sec. 42-49. – Solid Waste.
\[…\]
(d) Location of containers; collection.
\[…\]
(3) Residential collection.
\[…\]
h. The City shall collect green waste once a week in accordance with a
schedule prepared by the City Manager or 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.
\[…\]
Sec. 42-50. – Other nuisances.
(a)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:
\[…\]
(7) Illegal, dilapidated, or obsolete signs. It shall be unlawful for the owner,
occupant, or person having control or management of any land within the City to
permit to exist on such property a sign, the condition of which is deemed
dilapidated, unsafe, in a condition of disrepair, abandoned, or otherwise illegal as
defined in Sec. 126-76.
(8) Imminent danger. \[…\]
\[…\]
Sec. 42-52. – Illicit discharges.
(a)Purpose and scope. \[…\]
(b)Definitions. \[…\]
(c)General provisions. \[…\]
(d)Prohibitions of discharges and declaration of nuisance; exceptions. \[…\]
(e)Rules and regulations. \[…\]
(f) (e) Inspection, monitoring, and remediation. \[…\]
(g) (f) Section supplemental to other regulations. \[…\]
Sec. 42-60. – Petition for reduction, waiver, and release.
(a)After an order from the Code Enforcement Board has become final and not appealable,
a petition may be initiated by a property owner for a conditional waiver of fines levied
by the Fire Chief, or the Deputy Chief in charge of the Fire Prevention Division, or
Battalion Chief as long as abatement is to be started and completed in a reasonable
time within thirty (30) days. If, in the determination of the Deputy Chief/Fire Marshal
of the Fire Prevention Division, abatement has not been started and progressing in a
reasonable time, the waiver will be revoked and the fines reinstated. Any petition for
conditional waiver of fines shall be presented to the Fire Chief, Deputy Chief in
charge of Fire Prevention, or Battalion Chief in their absence, no later than seven
(7) days following a final order under Sec. 42-40 (6)-(7) or Sec. 42-41. A petition
requesting the reduction or waiver of civil fines already determined to be final and
the release of liens securing those fines shall be left to the discretion of the Fire
Chief, Deputy Chief in charge of Fire Prevention Division, or Battalion Chief for
conditional waivers.
(b)A petition may also be initiated to facilitate a real estate sales transaction by the filing
of a petition with the Deputy Chief in charge of Fire Prevention Code Enforcement
Board for the reduction or waiver of citations, fines, charges, or fees levied by the Code
Enforcement Board. Only the civil fines levied pursuant to section 20-32 42-43 may be
petitioned to be reduced or waived. No other costs, charges, administrative fees or
attorney’s fees can be petitioned for reduction or waiver.
(c)(b)A petition initiated to facilitate a real estate transaction shall be submitted to
the Deputy Chief in charge of Fire Prevention, or in his/her absnece, the Battalion
Chief, and shall contain the following information: at a minimum.
(1)The name, address, and contact information of the petitioner and/or the petitioner’s
legal representative;
(2)A specific request for the conditional waiver of fines or a specific request for the
waiver of citations, fines, charges, or fees requested and/or any liens to be released
relating to a real estate transaction;
(3)A statement setting forth the reasons why the Fire Chief, or Deputy Chief in charge
of the Fire Prevention Division, or the Battalion Chief Code Enforcement Board
should consider an appeal and waiver;
(4)A computation of all monies owed to the City pertaining to the real property in
question, including, but not specifically limited to, back taxes, actual costs, liens of
any and all types, charges, assessments, administrative fees, etc. and a check
accompanying the payment of all monies owed to the City except for the amounts
to be reduced or waived shall be tendered with the petition.; and
(5)The name and contact information of the person or entity that shall be purchasing
the real property in question.
(6) The name of the real estate agent(s) or broker(s) facilitating the sale of the real
property in question.
(c)The petition all accompanying materials shall be presented to the Fire Chief or the
Deputy Fire Chief in charge of the Fire Prevention Division and/or Code Enforcement
Board at their next regularly scheduled meeting. No special or called meeting of the
Code Enforcement Board is specifically required by this article.
(c)Denial of a petition to facilitate a real estate transaction may be appealed to the
Code Enforcement Board within seven (7) days of denial. Appeal of denial of the
petition initiated to facilitate a real estate sales transaction shall be presented to
the Code Enforcement Board at their next regularly scheduled meeting following
a final Order under Sec. 42-41. No special or called meeting of the Code
Enforcement Boad is specifically required by this article. (d) The Code
Enforcement Board shall consider each petition presented and render a determination
as to whether or not the petition shall be granted or denied. The Code Enforcement
Board shall conduct its hearings on petitions to facilitate real estate transactions
and on appeal from a final denial by the Fire Chief, Deputy Chief in charge of Fire
Prevention Division, or the Battalion Chief in the same manner as outlined by
section 42-40.
(f) A petition requesting the reduction or waiver of civil fines already determined to be
final and the release of liens securing those fines shall be left to the sole discretion of
the Fire Chief or the Deputy Fire Chief in charge of the Fire Prevention Division for
conditional waivers and/or the Code Enforcement Board if denied by the Fire Chief or
the Deputy Fire Chief in charge of Fire Prevention.
(g)The Code Enforcement Board shall conduct its hearing in regard to any petition in the
same manner as outlined by section 42-40.
ARTICLE III. – RESIDENTIAL RENTAL OCCUPANCY PERMITS
Sec. 42-61. – Purpose and intent.
(a)The purpose of this article is to protect the public health, safety and general welfare of
the people of the City 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;
(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
substandard.
(b)It is not the intention of the City 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 article.
Sec. 42-62. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Accessory living quarters mean living quarters within an accessory building, which may
not have kitchen facilities.
Bed and Breakfast means a residential dwelling unit in which more than one (1) but
not more than five (5) guest rooms are used to provide or offer overnight
accommodations for transient guests for compensation. A tourist home is included in
the meaning of “Bed and Breakfast.”
Building means any structure having enclosed space and a roof for the housing or enclosure
of persons, animals or chattels. The term “building” includes the term “structure.”
Code means the ordinances of the City that relate to the fitness for habitation construction,
property maintenance, nuisances, occupancy, zoning, and use of any rental residential
dwelling unit. This specifically includes the provisions of this chapter, and chapters 18,
50 54, and 126.
Code Official or Code Officer means and includes the Chief Building Inspector, Deputy
Building Inspector, Code Enforcement Officers, Fire Marshal, Fire Inspector, and Police
Officers, as they are empowered to act in their various capacities, including but not
limited to the authority granted to them under KRS 227.200 et. seq., KRS 65.8801 et.
seq., 815 KAR 7:070, et. seq., and 815 KAR 10:060 et. seq. Where authority is granted
under KRS 227, 815 KAR 7, or 815 KAR 10, Code Official or Code officer shall mean
fire code officials.
\[…\]
Dwelling, multiple, means a building, or a portion thereof, used for occupancy by three (3)
or more families living independently of each other and used for rental residential
occupancy. for rental occupancy lasting thirty (30) days or more.
Dwelling, one (1) family, means a building used for residential occupancy by one (1)
family.
Dwelling, rental, means a building, or portion thereof, used primarily for rental residential
occupancy for periods of thirty (30) days or more, including one (1) family and multiple
dwellings, but and shall not includ e ing hotels or motels.
Dwelling, two (2) family, means a building or portion thereof, used for occupancy by two
(2) or more families living independently of each other, and at least one (1) of which is
used for rental residential occupancy.
Dwelling unit means a residential dwelling, or portion of a dwelling, used by one (1)
family for cooking, living, and sleeping purposes.
\[…\]
Hotel or motel means a building, or portion thereof, or group of buildings in which lodging
is customarily provided and offered to the public typically for occupancy for not more
than thirty (30) days at a time for compensation, and which is open to transient guests on
a daily basis, in contradistinction to a lodging house.
\[…\]
Nuisance means 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, safety, or
welfare of others. The term “nuisance” includes such uses as defined under State law as
nuisances.
\[…\]
Tenant means a tenant, includes a person under a rental agreement to occupy a dwelling
unit for the purpose of residential occupancy. The term “tenant” includes a person
occupying a residential property for a period of thirty (30) days or more, 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 means a building in which more than one (1) but not more than five (5)
guest rooms are used to provide or offer overnight accommodations for transient guests
for compensation. A bed and breakfast establishment is included in the meaning of the
term “tourist home.”
Sec. 42-63. – Enforcement.
The Fire Prevention Division shall be responsible for the administration and enforcement
of the provisions of this section. Enforcement pursuant to this section shall not be
interpreted to override or negate the rights of tenants or property owners with respect
to inspections authorized or required by KRS 227.200 et seq., 815 KAR 7:070, et seq.,
or 815 KAR 10.060 et seq. Where applicable, penalties hereunder shall be in addition
to, and shall not be instead of, the penalties set forth by KRS 227.200 et seq., 815 KAR
7:070, et seq., or 815 KAR 10.060 et seq.
Sec. 42-64. – 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 the article unless the landlord
has first obtained and continues to hold a valid rental occupancy permit for that unit.
Sec. 42-65. – Applicability and exceptions.
(a) The provisions of this article shall apply to the rental or leasing of rental dwelling
units, and rental dwellings which contain such units, including one (1) and two (2)
family rental residential dwelling units, multiple dwelling units, accessory living
quarters, and lodging houses.
(b)The provision s of this article shall not apply to hotels and motels, bed and breakfasts,
nursing homes, or assisted care dwelling units, residential care facilities as described
by KRS 100.982, H h ospitals, and or S s anitariums.
Sec. 42-66. – Application for rental occupancy permits.
\[…\]
(b)To determine compliance with this article and this Code, every applicant shall authorize
an inspection of the premises annually.
\[…\]
Sec. 42-67. – Temporary permit.
(a)The Fire Prevention Division 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 article.
A temporary permit shall authorize the occupancy of rental dwelling units in actual
existence on the effective date of Ord. No. 2016-12-8463, 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 article.
(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.
Sec. 42-68. – 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.
The 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 article, such inspection shall be made within
a reasonable period of time taking into consideration the availability of Code Officials
to make such inspection.
\[…\]
Sec. 42-69. – Standards for issuance of permit.
The standards for the issuance and continuance of a rental occupancy permit shall be as
follows:
(1)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, statutes, and regulations
including, but not limited to the International Property Maintenance Code
2012 Edition, all fire codes, electrical codes, plumbing codes, and building
codes, and are not otherwise substandard, hazardous, or unfit. In multifamily
units, to promote efficiency, the Code Official may shall inspect as few or as
many the minimum units as he or she deems necessary in consideration of the
totality of the circumstances including time constraints and historical
compliance by the landlord to assess the overall condition of the premises.
(2)The landlord has been issued an occupation business license and has paid all fees
and taxes as required under chapter 106.
(3)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.
(4)The landlord has paid all fees as required under this article.
(5)The landlord has paid all city property maintenance liens on the property for
which a permit is applied.
Sec. 42-70. – Determination of noncompliance.
(a)If a Code Official determines that any dwelling unit, or any part of the premises relating
thereto, fail s to comply with section 42-69(1) or that the landlord has failed to comply
with section 42-69(2) through (5), 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 seven (10 7) days to remedy the violation. The offender may be allowed a
reasonable extension of time to remedy the violation, at the discretion of the Code
Official. 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 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.
(b) If the fire Code Official determines the dwelling unit, or any part of rental
premises fails to comply with section 42-69(1) due to structural or distinct fire
hazards as described in 815 KAR 10:060 or especially liable or likely to result in
fire loss as described in KRS 227.380, the written notice of the violation or
violations shall further state that the provisions of this Section shall not override
an owner’s rights to appeal violations, as applicable, under 815 KAR 10:060
Section 6 or KRS 227.380(2).
(c) If the fire 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 any previously issued rental occupancy permit
and order the premises be vacated, providing any occupants reasonable time to
vacate, as is determined in the discretion of the Code Official.
(d) Any time period accorded by the fire 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.
Sec. 42-71. – Denial; suspension.
In the event the landlord’s failure to comply continues following the any 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:
(1)That the Code Official has determined that the landlord has failed to comply
with the standards as set forth in section 42-69.
(2)The specific reason or reasons why the standards have not been satisfied,
including copies of applicable inspection reports and listing each code,
statute, or regulation of which the property are in violation.
(3)That the denial or suspension of the permit will become effective unless the
landlord appeals the determination within ten five (10 5) days after receipt of the
notice in the manner provided in section 42-73.
(4)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.
(5)The notice shall describe how an appeal may be filed under section 42-73.
(6)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.
Sec. 42-72. – 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 the State’s criminal statutes relating to
the illegal sale or distribution 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)
of 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 reasonable substantiated
evidence of a such an criminal act or activity as described in (a) above, 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 identify that the criminal act or activity
or nuisance is in violation of this Section, and constitutes cause for
revocation of the rental occupancy permit for the leased premises.
(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 and require the landlord to bring eviction
proceedings against the tenant with the McCracken District Court or to
otherwise provide in writing to the Code Official an acceptable 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
ten (10) days 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 or preserve the health, safety and welfare
of a resident or residents of the rental dwelling unit or neighborhood. Upon
revocation of any rental occupancy permit, no application of a subsequent
rental occupancy permit shall be accepted by the Code Official for such
property premises 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 good faith a bonafide manner.
(4)Substantiated Reasonable 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
Reasonable 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 42-71.
Sec. 42-73. – 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 Fire Prevention Division Code
Enforcement Board within five (5) days after receipt of the notice of the suspension,
revocation, or denial.
(b) The initial An appeal shall initially be taken before heard by the Deputy Chief/Fire
Marshal of the Fire Prevention Division or in his/her absence, the Battalion Chief.
The Deputy Chief/Fire Marshal of the Fire Prevention Division or Battalion Chief
shall sustain the decision of the Code Official unless the Deputy Chief/Fire Marshal or
Battalion Chief determines that the provisions of this article have been complied with
and that all of the violations have been corrected. The Deputy Chief/Fire Marshal of
the Fire Prevention Division or Battalion Chief shall make a written determination
and provide notice of same to the landlord within ten (10) days of making his/her
determination.
(c) (b) In the event the Deputy Chief/Fire Marshal of the Fire Prevention Division or
Battalion Chief sustains the decision of the Code Official, thereby of suspending,
revoking, or denying a rental permit,suspension, revocation, or denial, the landlord
shall have the further right of appeal and may file 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 Code Enforcement Board within five (5)
days after of the landlord’s receipt of the Deputy Chief/Fire Marshal of the Fire
Prevention Division’s written determination or Battalion Chief’s written
determination. Thereafter, the appeal process Appeal before the Code Enforcement
Board shall follow sections 42-41, 42-41.5, 42-42, et seq.
(d) In the event the landlord/property owner files an appeal pursuant to 815 KAR
10:060, or KRS 227.380(27) related to the same subject matter as the suspension,
revocation, or denial, any appeal filed pursuant to this Section shall be held in
abeyance pending final determination or Order by the State Fire Marshal.
Sec. 42-76. – 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, and if in the reasonable discretion of the Code Official, probable cause
exists to believe that the complaint is founded in fact and an inspection warranted.
(3)Upon the probable cause determination of a Code Official that probable cause
exists that any the rental dwelling unit or rental dwelling is in noncompliance with
subsection 42-69(1).
(4)Every one (1) two (2) 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
systemic inspection of all rental dwellings and priorities for the use of scarce inspection
resources. The guidelines shall promote an efficient inspection program be based
upon the following factors: and any other factors deemed by the City to promote an
efficient inspection program.
(1)Geographic distribution an concentration of rental dwellings;
(2)Rental dwellings with delinquent property taxes;
(3)Landlords with properties identified by the Fire Prevention Division as having an
excessive number of housing code violations, or a history of noncompliance, or
slow compliance, with correction orders;
(4)Landlords with properties identified by the Fire Prevention Division as having a
history of demolitions being ordered by the City;
(5)Landlords with properties identified by the Fire Prevention Division as having a
history of demolitions being ordered by the City, and demolished by the City;
(5)(6) Rental dwellings for which no occupation business license or occupancy permit
has been applied; and
(6) (7) Rental dwelling with reports an excessive number of police calls for illegal
drug offenses, prostitution, violent crimes, or disorderly conduct, as reported to
the Code Official by the Paducah Police Department.
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 article, 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 article, provided that if such dwelling unit be unoccupied, the
Code Official shall first provide notice and request entry from the landlord; and if such
dwelling or unit is occupied, the Code Official 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. The
landlord or property owner’s refusal to cooperate and permit inspection following
notice shall be cause for suspension, revocation, or denial of a rental occupancy
permit as set forth under Sec. 42-71.
Sec. 42-77. – Fees.
There shall be a fee of $25.00 100.00 for issuance of a rental occupancy permit and the
initial inspection related thereto and a fee of $25.00 50.00 for the renewal of a rental
occupancy permit and the inspection related thereto. There shall also be a fee of
$25.00 50.00 per inspection for any further follow-up inspection related thereto. These fees
shall be paid to the Fire Prevention Division.
Sec. 42-80. – 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 one (5 1)
years after the issuance of such Certificate of Occupancy.
SECTION 2. This Ordinance shall be read on two separate days and become effective
upon summary publication pursuant to KRS Chapter 424.
George Bray, Mayor
ATTEST:
City Clerk
Introduced by the Board of Commissioners, , 2025
Adopted by the Board of Commissioners, , 2025
Recorded by the City Clerk, , 2025
Published by The Paducah Sun, , 2025
4875-4325-2903 v.3
Agenda Action Form
Paducah City Commission
Meeting Date: April 8, 2025
Short Title: Amend the FY25 City Budget to Increase Revenues and Expenditures for the Community
Development Block Grant Fund by $200,000 - H. REASONS
Category: Ordinance
Staff Work
By: Hope
Reasons
Presentation
By: Hope
Reasons
Background Information: The City of Paducah applied for and received a Community Development Block
Grant in the amount of $200,000 on behalf of Four Rivers Centerpoint Recovery Center to assist with inpatient
substance abuse treatment. The Commission authorized Municipal Order 3024 on March 11, 2025 to accept the
grant award. The Grant Agreement between the Commonwealth of Kentucky and City of Paducah requires:
•Evidence of a budget ordinance/amendment indicating inclusion of CDBG funds into the City's budget.
This ordinance will satisfy the Grant Agreement requirement for the budget amendment.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Mental Health
Communications Plan:
Account Name:
Funds Available:
Account Number:
Staff Recommendation: Approve an ordinance to amend the FY25 City of Paducah budget to increase
revenue and expenses for the CDBG fund by $200,000.
Attachments:
1. ORD - budget amend FY2025 – Four Rivers Recovery Center
ORDINANCE NO. 2024-_____-______________
AN ORDINANCE AMENDING ORDINANCE NO. 2024-06-8815, ENTITLED, “AN
ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2024, THROUGH JUNE 30,
2025, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS
FOR THE OPERATION OF CITY GOVERNMENT”
WHEREAS,the City of Paducah applied for and received a Community
Development Block Grant in the amount of $200,000on behalf of Four Rivers RecoveryCenter
to assist with residential alcohol and drug treatment services. The Commission authorized
Municipal Order No. 3024 on March 11, 2025, to accept the grant award; and
WHEREAS, the Grant Agreement between the Commonwealth of Kentucky and
City of Paducah requires evidence of a budget ordinance/amendment indicating inclusion of
CDBG-CV funds into the City's budget; and
WHEREAS, the City Commission now wishes to amend the FY2025 budget to
satisfy the requirement of the Commonwealth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the annual budget for the fiscal year beginning July 1, 2024,
and ending June 30, 2025, as adopted by Ordinance No. 2024-06-8815, be amended by the
following re-appropriations:
Increase revenues and expenditures for the CDBG Fund by $200,000.
SECTION 2. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 8, 2025
Adopted by the Board of Commissioners, __________________________
Recorded Lindsay Parish, City Clerk, __________________________
Published by The Paducah Sun, ______________________
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