HomeMy WebLinkAbout2025-04-8841ORDINANCE NO. 2025-04-8841
AN ORDINANCE AMENDING CHAPTER 42
OF THE CODE OF ORDINANCES OF THE CITY OF
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 inspeIltions of all
physical structures;
WHEREAS, Courts have held that the decision to enter and inspect will not be the product
of the umeviewed 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 Nelarshai
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 disqualif siieh me., be io from voting on the matter in which such
member has an interest. md shall not be eoth4ed f i-
o bl
Y Y F M
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)
M(8) To conduct hearings to consider appeals from the determination of the Deputy
Chief/Fir-p-. Marqhal of the Fire Prevention Division as to the suspension, revocation,
or denial of a rental occupancy permit in accordance with section 42-41.5.
(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
or
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,
disere4ien; 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
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 urger
^'-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 ; :f -,.ear
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 die -a determination-of4vtthe Deputy Chief of
Fire Prevention or Battalion Chief to sustain a decision by a Code Eznfvfee"nne Officer
in suspending revoking or denying a rental occupancy permit pursuant to Sec 42-
73fb) 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 itsrender a
decision within five (=r 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
opted administrative L.nn«:nrvn '1
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(3) The issue to be determined by the Code Enforcement Board shall be 'whether the
evidence supports the Code r'-.e.=n Officer's determination of noncompliance
with Sec. 42-69 such that suspension, revocation, or denial of the rental occupancy
The Code Enforcement Board may sustainaf€irm, reverse, or modify (e.g.,
suspending rather than revoking a permit), ofeverse the action of the Code
E feree e 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 Scat 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
$34:0050_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
roe eeffun tted thp, vin],.t.,. 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 €eur eight (4i) 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 rnayshall 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 spe" °r'" deser'"tion of the """`' -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)
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 websites site.
(6) The City shall maintain the records created under this section for to i (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 sea.
Additional Ordinances or sections of the Code may be enacted or adopted for enforcement
herein.
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.
Administrative Search Warrant.
a. Definition. Administrative Search Warrant means a written order of a iudge
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:
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
ar • 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 adiacent 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.
L 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 funk 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.
Savings Clause. [... ]
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' bt4 the terms of this elaidso shallnot> where
an admission fee is ehafgod of a eellootion is taken up fef the putTese of deftaying
rr �
of any kind when > of the saffie is held,given of takes ,
the dissemination f information hien i of ..t« eted tffider
the
erdinafy
rules
doeoney, good mefals, publie peaee, safety and good efdor, provided that nothing
contained in this elause sha4l be deemed to autherize the holding, giving or ta4dng
pl ee of any meeting thealfioal peffermanee,exhibition, or event of tany • -a
without a heense, "ore siieh lieense is of may be fequired by any law of thi
statute, or tifider any ordinanee of this ; 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 iunked 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 an enclosed building, storage, or work area
not readily visible by to the general public.
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Sec. 42-49. — Solid Waste.
[... ]
(d) Location of containers; collection.
[... ]
(3) Residential collection.
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h. The City b«oo shall elle.+ waste onee a weekin aeeer-danee withsehedttle prepared by the Gib, TiT.,..ager of deli......,.,. Said ,_.._..._ ...__t_ will
be eolleeted n the same d as residential waste. CoNeefien .:n be the
household's designated point Of pieku-..
[... ]
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.
JLlmminentdanger. [...]
[... ]
See. 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. [... ]
,(1f {e) Inspection, monitoring, and remediation. [... ]
W (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, ar the Deputy Chief in charge of the Fire Prevention Division, or
Battalion Chief as long as abatement is to be started and completed in-areasonable
timewithin thirty (30) days. if is the detef .....cation of the Deputy GhiegFife Marshal
of the Fife 42fel"0416041 abatemefA has not been stai4ed and progressing in-a
reasonable time, the waivert will be reveked and the fines feinstated,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 Gede En f _,.eme.,.
44eard 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 4242=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, er Deputy Chief in charge
of the Fire Prevention Division, or the Battalion ChiefGode E : erce: n;,.,,Beafd
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 entily that shall purchasing
the real property in question.
,(t;) The name of the real estate agent(s) or broker(s) facilitating the sale of the real
property in question.
(e)T-he petition all aceempmying matefials shall be presented to the Fire, G�ief Or. t�he
Deputy Fire Chief in ehafge of the Fire PrevefAien Di�,,isian and/or Code Enfafeeffient
Beard at their- next regularly seheduled meeting. Ne speeial or ealled meeting of !he
Code Enfereement Beard isei fieall required by this ai4iele.
(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.
(g)T-he Code Enfefeement Board shall , nduet its hearing in regard to any Petition in the
same manner as ,.utlined by seetien 12 nn
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,
off-eet F which shall
(1) To preteet the .hamate« and stability ,.F«,. ',l t' 1
(2) To eorfeet and prevent housing eendifiens that adi,er-sely affeet or- are 1:1 --el
adversely ..FF ..t the life, safety, general welfare, ..0 health .l'
a r > 1 b h �h 1r
met"S and soeial well dwellings;
(3) To enforee miuftnurn standards for the maintenaflee of existing residential t_._t:_,
buildings, and to thus Pre n1�d blight;
(4) To preser�e the va4ue of land and buildings thfoughout the City-,
(5) T proteet the public—from inefeased efitainal t.• 1, tends
resideiitial areas whieh are unstable due to d1welikigs wh-*eh are M:
lighted of
sub
(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° 'complaints from tenants or
landlords which are not speelFcwlly and elearly 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,
5854, 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 sea KRS 65.8801 et
sea., 815 KAR 7:070, et. sea., and 815 KAR 10:060 et. sea 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
occupancy7 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, Mand shall not includeing 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.
I ... I
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.
I ... I
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 " tenanA, ineludes a person under a rental agreement to occupy a dwelling
unit for the purpose of residential occupancy: The term "tc naiA" incl ides a person
for a period of thirty (30) days or more,* making
rent or lease payments, or other similar agreements where the tenant does not have an
equitable interest in the real property.
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 sea 815 KAR 7.070 et seg
or 815 KAR 10.060 et sea. Where applicable, penalties hereunder shall be in addition
to, and shall not be instead of, the penalties set forth by KRS 227.200 et sea 815 KAR
7:070, et seq., or 815 KAR 10.060 et sea.
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, miiltiple dwelling units, aeeesser-y liAng quarters, aft
lodging hooses
(b) The provisions of this article shall not apply to hotels and motels, bed and breakfasts.
nursing homes, ar assisted care dwelling units, residential care facilities as described
by KRS 100.982,14hospitals, ardor Ssanitariums.
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.
[... ]
See.42 67. Temperafy pe -r -n
(a) The Fire Pre «lien Division..hall issue e temperaiFy permit to the 1,._al__a of _ Y-ant_l
dwellingunit v'�ho an applieation and paid the fee required by this ai4iol
n't h n ,,,,therize the „ o frentd,l dwelling . _l
r �r --- --
existenee on the effeeti�,,e date of Ord. No. 2016 12 94 63, pending issuaRee of a rental
e ffeetiye date shall n .t he eligible F r e temporafy pe 't a h 11 t h d C
r Y Y
h.. „ habitation prier to the isseanee ofth dl renta4 't
K Y 7pe
mit.
(b) A tefflporary peffflit' a' enly that the landllardl has submitted an ._l:__`'___ for _
rei4al oee"aney permit. A temporary per -mit is fiet a deteffnination that the rental
dwelling or the _«+,.1_dwelling , nit complies +',e.i +e standards
required
_l _ t_. this
_ _,
e.
(e) The temperffy permit shall be valid until a refftal oeetipaney peftnit bag hean issued R
the l' f stwh it is denied edl nd7 the stay period for any appeal of
su
a + P)EliauqtPd
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, exeepting, ho e r that the event h landlord
been issued a tempefary permi t under this ar-tiele, such inspeetion shall be. mad,-, within
a reasonable pefied of time taking k4e eenside-ation the, availallility of Cede Officia
to make eh 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 mayshall inspect as few or as
manyt-.u,;- 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, fails 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
teRseven (102) days to remedy the violation. The offender maV be allowed a
reasonable extension of time to remedy the violation, at the discretion of the Code
Official. submit to the r ede O ffieial a r«, eensistent with , Code a
shall effeetuate the remedy within a speeified peried ef time as reasonably determined
by the Code nF£aial The period ..F+:.ne to effeettt4e a remedy hereunder shall
any time ed the period of time as determined by the GadGade Offs , 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
,:,.able +e« + ,._
t___ _ __:.,.�. ,.....perwry p�--�r,x apy previously issued rental occupancy permit
and order the premises be vacated, providing anV occupants reasonable time to
vacate, as is determined in the discretion of the Code Official.
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 them 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.
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 tenfrve (105) 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 reasonablesubstaiifiated
evidence of a sueh m criminal act or activity as described in (a) above, or
of a nuisance tag plaeo on the leased premises of a tenant, the Code
Official shall send to the landlord written notice which shall set forth the
substantiate evidence and defrxe identifv 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 4ffieial which ef€eefively 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) dayssaid—period-a�, 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 benafin de -ma nw.
(4) c••'��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
incd
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 Divisiont✓ede
Enf _eeme~t Board within five (5) days after receipt of the notice of the suspension,
revocation, or denial.
fh)_T =e-� An appeal shall initially be taken beforeheard by the Deputy Chief/Vire
Marshal of the Fire Prevention Division or in his/her absence, the Battalion Chief.
The Deputy Chief/Fire .^.?,...,hal of the Fire P Division or Battalion Chief
shall sustain the decision of the Code Official unless the Deputy Chieflr'i-ireor
Battalion Chief determines that the provisions of this article have been complied with
and that all of the violations have been corrected. The Deputy Chieflyire-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/Fife Marshal v the Fife Pre�,,eritien Division or
Battalion Chief sustains the decision of the Code Official, thereby -of suspending,
revoking, or denying a rental the landlord
shall have4he further right of appeal and may fil .
€rle a seeond 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-
4.A.Witten detennin-aton or Battalion Chief's written
determination. The..,...rto, the appeal «_,.,.ess 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 4^t «..,,1.able ,.ause
exists -that arty 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 searee inspection
resources. The guidelines shall promote an efficient inspection program be based
upon the following factors_ and any etl.,._ faet,._s deemed by the Qbt t. promeie an
FF,.. «t ; ,.t;,.« «
(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) Landlefds with prepeAies identified by the Fire fifevention Division as having -a
Mitery of Elemel;tions being ,. ,1 d b 1, City,,1 .7 li 1. d L. the Cit
(5) (6) Rental dwellings for which no occupation business license or occupancy permit
has been applied; and
(7) Rental dwelling with reports an exees. ive num - 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 $25.00100.00 for issuance of a rental occupancy permit and the
initial inspection related thereto and a fee of $23:8950_00 for the renewal of a rental
occupancy permit and the inspection related thereto. There shall also be a fee of
$20050_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 €rveone (-51)
years -after the issuance of such Certificate of Occupancy.
SECTION 2. This Ordinance shall be read on two separate,4kys and become effective
upon summary publication pursuant to KRS Chapter
, Mayor
ATT T:
City Clerk
Introduced by the Board of Commissioners, March 25, 2025
Adopted by the Board of Commissioners, April 8, 2025
Recorded by the City Clerk, April 8, 2025
Published by The Paducah Sun, April 11, 2025
4875-4325-2903 v.3