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ORDINANCE NO. 95-8-53'111
AN ORDINANCE AMENDING SECTION 19-106 AND CREATING
SECTION 19-114 OF CHAPTER 19, MISCELLANEOUS OFFENSES AND PROVISIONS,
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 19-106, Notice to remove and hearing thereon, of
Chapter 19, Miscellaneous Offenses and Provisions, of the Code of Ordinances of the City of
Paducah, Kentucky is hereby amended to read as follows:
"Section 19-106. Notice to remove and hearing thereon.
Whenever the enforcement officer shall deem such a public nuisance to exist, he
shall issue a notice to the parties hereinafter stated, and such notice shall:
(a) Be in writing;
(b) Specify the public nuisance and its location;
(c) Request the public nuisance to be abated; and
(d) Advise the said parry that' e has ten ( 0) they have five (5) days to abate
the nuisance or to make a written demand for a hearing before the
enforcement officer, or else the public nuisance will be removed and abated
by the city.
The notice shall be sent by registered mail, return receipt requested, to the last
known address of the owner of the property whereon the nuisance is located, as it appears on the
current tax assessment roll. Where the owner of the property is not the occupant thereof, such
notice shall be mailed also to the occupant(s). The enforcement officer shall coordinate his effects
to determine ownership of a junked motor vehicle with the Paducah police department, and notice
shall also be sent to the last registered and legal owner of record of the junked motor vehicle,
unless the owner is the owner or occupant of the premises whereon the nuisance is located, and
unless identification numbers are not available to determine ownership of the vehicle. If the
owner, or is address, of any junked motor vehicle is not known or cannot be readily ascertained,
the notice to him to abate, and of his right to a hearing may be given by attaching such notice to
the vehicle no less than ten (10) days before action is to be taken. If the latter method of service
is used, the enforcement officer shall make an affidavit attesting to such facts. Where a junked
motor vehicle is found to be upon any public property within the city, notice to the owner of the
vehicle is all that shall be required. Where a junked appliance is found on public property, no
notice shall be required.
In the event a hearing is demanded, such hearing shall be held within five (5) days
after the demand is made and shall be conducted by the enforcement officer, who shall hear all the
facts and testimony on the condition of the junked motor vehicle or appliance and the
circumstances concerning the location. Such hearing shall not be limited by technical rules of
evidence. The enforcement officer may impose such conditions and take such other action as he
deems appropriate under the circumstances to carry out the. purposes of this article. He may
delay the time for removal of the junked motor vehicle or appliance if, in his opinion,
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circumstances justify it. At the conclusion of any hearing, the enforcement officer may find that a
junked motor vehicle or appliance has been abandoned, wrecked, dismantled, or is inoperative on
private or public property and order the same removed from the property as a public nuisance an
order disposal of same. The order requiring removal shall include a description of the junked
appliance or junked motor vehicle and the correct identification number and state license tag
number of the junked motor vehicle, if available at the site.
Any interested parry may appeal the decision of the enforcement officer by
appealing to any court of competent jurisdiction pursuant to the rules of civil procedure within
fourteen (14) days after the decision. If no appeal is taken within the time prescribed, or
immediately after a final judicial review affirming the right to remove the nuisance, the
enforcement officer shall cause the junked motor vehicle or appliance to be removed and disposed
of in any manner as he may provide".
SECTION 2. That Section 19-114, Citations, of Chapter 19, Miscellaneous
Offenses and Provisions, of the Code of Ordinances of the City of Paducah, Kentucky is hereby
created to read as follows:
"Section 19-114. Citations.
Any person found by the building; inspector to be in violation of the provisions of
19-105; and after written notice has been'given per 19-106, the building inspector mgy issue a
citation. Upon conviction in the court of proper -urisdiction the person shall be fined M sum not
less than fifty dollars $50.00) nor more than three hundred dollars ($300.00) for each offense,
and each day such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such".
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication to KRS Chapter 424.
Ma r
ATTEST:
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Introduced by the Board of Commissioners August 8, 1995
Adopted by the Board of Commissioners August 15, 1995
Recorded by Lenita Smith, City Cl k, August 15, 1995
Published by The Paducah Sun,
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