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HomeMy WebLinkAbout80-3-1881557 ORDINANCE NO. 80-3-1881 AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS OF- THE CODE OF ORDINANCESOF THE CITY OF PADUCAH BY CREATING SECTION 7-85, UNSAFE BUILDINGS AND STRUCTURES BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Chapter 7, Buildings and Building Regulations of the Code of Ordinances of the City of Paducah be, and it is hereby, amended by adding Section 7-85; Unsafe Buildings and Structures, and that said section shall read as follows: A. APPLICATION 1. The term fins=afe" .building _or structure shall apply to buildings or structures or portions thereof, existing or hereafter erected, as follows: (a) Those deemed structurally unsafe; .unstable:; unsanitary; con- stituting a hazard _ to life because -,of inadequate. exit facilities; constituting a fire hazard, unsuitable or .improper for the use or occupany . to which they are put;_ constituting a hazard of health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; or otherwise dangerous to life or property. (b) Vacant buildings :or structures or portions thereof deemed to constitute " a hazard. B. REMOVAL OR MADE SAFE. When a building or structure or any portion thereof is found unsafe upon inspection by the" fire marshall he shall order such build- ing or structure . or; any portion thereof to- be made -safe, or closed and secured, or taken -down and removed.- C. emoved.-C. RESTORATION: OF: UNSAFE BUILDING OR STRUCTURE _ A building; or structure or part thereof declared unsafe by the fire marshall may be restored to safe conditions; provided that if the damage or cost of reconstruction Or -restoration isin excess of 50 percent of the value of the building or structure, exclusive of foundations, such building or structures, if reconstructed or re- stored, shall be made to conform with respect to materials and type of construction, to the requirements of Kentucky Building Code; but no change of use or occupancy shall be compelled by reason of such reconstruction or restoration. D. NOTICE OF UNSAFE BUILDINGS OR STRUCTURES. Upon determining that: a building .or structure or portion, thereof is unsafe, the fire marshall shall serve or cause to be served on the owner, .or some one of the owners, executors, administrators, agents, lessees or other persons who may have a vested or con- tingent interest 'in the -same a written notice containing a description of the building or structure or portion thereof deemed unsafe, a statement of the particulars in which the building or structure or portion thereof is unsafe, and an order requiring the same to be made safe and secure or removed, as may be deemed necessary by him. If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice and order shall be sent by certified or registered mail to the last known address of such person; and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service. A copy of 558 the notice shall be delivered to the Building and Electrical Inspector of the City of Paducah. The Building and Electrical Inspector shall deliver a copy of any building permit and a copy of any certificate of occupany issued after a notice is issued by the local Fire Marshall. E. DISREGARD OF" UNSAFE NOTICE.' If the person- served with a notice or order'to remove or repair an unsafe building or structure or portion thereof should fail, within a reasonable "time, to comply with the requirements thereof, -the fire marshall shall advise the corporation counsel of all the facts in the case, and shall institute an -appropriate Iaction in the courts to compel compliance. F. EMERGENCY WORK. In case there shall be, in the opinion of the fire marshall, actual ande immediate danger of failure or collapse of a building -or struc- ture or portion thereof so as to endanger life or property, the fire marshall shall obtain, with the approval "of the city manager, the necessary funds from the city treasury, to purchase such material and employ such labor and cause the necessary workto be done to render said building or structure or portion thereof, temporarily safe, whether the procedure prescribed in this section has-been instituted or not. G. VACATING UNSAFE BUILDINGS -OR STRUCTURES AND- CLOSING STREETS. When a building or structure or portion thereof is in an unsafe con- dition'so that life -is endangered thereby; the'fire marshall shall -order- and require the .inmates and- occupants to vacate the same forthwith. He shall, when necessary. for the public safety, temporarily close sidewalks, streets, buildings, structures and places adjacent to such building or ' structure; and prohibit: the same from being used. H. RECOVERY OF COSTS. - The -corporation counsel. -shall institute proper action' against the owner of premises for the recovery of costs incurred by the fire marshall in the performance of emergency work. I. APPEAL. Notwithstanding, Any other provision within this.:section, any party aggrieved by an order of .the fire marshall may appeal his order to the Building Appeals Board, SECTION. 2. 'This - ordinance "shall b& -inti odizced 'and. remain on .file for one week' for public inspection in the completed form in which* it' shall be put upon its final passage, and if adopted shall be in full force and effect :'ten, (10) days thereafter: v' Mayor Introduced by the. Board of Commissioners March 11, 1980 Passed by the,: Board of Commissioners: March 25, ..1980 `-Recorded, by Louise McKinney, City Clerk; March.: 25, 198.0..