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ORDINANCE #96._.;
AN ORDINANCE AMENDING SECTION 97.15 OF
CHAPTER 97, LITTER, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY, AUTHORIZING THE RECOVERY OF
ATTORNEY FEES AND COSTS.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 97.15, Abatement Procedure; Lien, of the
Code of Ordinances of the City of Paducah, Kentucky is hereby amended to read as
follows:
"Section 97.15. Clearing of litter from open private property by city.
(A) Notice to remove. The building inspector is hereby authorized and
empowered to notify the owner, occupant, or person having control of management of
any open or vacant private property within the city or the agent of such owner to
properly dispose of litter located on such owner's property which is detrimental to public
health safety or welfare. Such notice shall be by registered mail, addressed to said owner,
occupant, or person having control or management at his last known address as shown on
the current tax bill or tax records. If the last known address is known to be faulty, and
the current owner cannot be located, an affidavit of diligent search may be filed and no
further written notice is required.
In order to properly identify the property subject to enforcement per the
requirements of this section, the building inspector may placard the offending property.
The placard must specify the violation, give dates for which the property has been noticed
and when compliance must be made, and be signed by the building inspector or their
designee. The placard may not be removed by anyone except the building inspector or
their designee.
(B) Action upon noncompliance. Upon the failure, neglect or refusal
of any owner or agent so notified, to properly dispose of litter detrimental to the public
health, safety or welfare within five (5) days after receipt of written notice provided for in
subsection (a) above, or within ten (10) days after the date of such notice in the event the
same is returned to the city post office department because of its inability to make
delivery thereof, provided the same was properly addressed to the last known address of
such owner, or agent, the building inspector is hereby authorized and empowered to pay
for the disposing of such litter or to order its disposal by the city.
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(C) Recorded statement constitutes lien. Where the full amount due
the city is not paid by such owner within thirty (30) days after the disposal of such litter,
as provided for in subsections (a) and (b) above, then, and in that case, the building
inspector shall cause to be recorded in the McCracken County Court Clerk's office a
sworn statement showing the cost and expense incurred for the work, the date the work
was done and the location of the property on which said work was done. The recordation
of such sworn statement shall constitute a lien and privilege on the property, and shall
remain in full force and effect for the amount due in principal and interest, plus costs of
court, if any, for collection, until final payment has been made. Sworn statements
recorded in accordance with the provisions thereof shall be prima facie evidence that all
legal formalities have been complied with and that the work has been done properly and
satisfactorily, and shall be full notice to every person concerned that the amount of the
statement, plus interest, constitutes a charge against the property designated or described
in the statement and that the same is due and collectible as provided by law.
(D) Attorney fees and other costs. The city shall be entitled to recover
from the responsible paw or parties all reasonable attorney fees and other costs incurred
by the ciy by reason of the collection upon and enforcement of the responsible party or
parties' liability hereunder and the lien which secures same."
SECTION 2. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
CLERK
Introduced by the Board of
Adopted by the Board of Commissioners
Recorded by City
Published by The Paducah Sun
ORD\25944
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