Loading...
HomeMy WebLinkAbout2011-6-7822136992 ORDINANCE NO. 2011-6-7822 AN ORDINANCE REVISING CHAPTER 42, NUISANCE CODE ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,KENTUCKY WHEREAS, it is the intent of KRS 82.700 to 82.725 to protect, promote, and improve the health, safety, and welfare of the citizens residing within the City of Paducah by authorizing the creation of an administrative board with the authority to issue remedial orders and impose fines in order to provide an equitable, expeditious, effective, and inexpensive method of ensuring compliance with the nuisance ordinances enacted and in force within the City; and WHEREAS, the City Commission of the City of Paducah desires to increase the population of the City by the redevelopment of blighted areas and elimination of nuisances through aggressive code enforcement. WHEREAS, the City Commission of the City of Paducah desires to protect the existing housing stock in City through the adoption of ordinances which promote the protection of residential neighborhoods and reduce nuisance in order and reverse trends, such as reduction in neighboring property values, increased crime and loss of aesthetic value. WHEREAS, the City Commission of the City of Paducah, Kentucky, desires to utilize the authority granted in KRS 82.700 to 82.725 by creating a City of Paducah Nuisance Code Enforcement Board and enacting certain nuisance code ordinances pursuant to KRS 82.705; and WHEREAS, this Ordinance will amend Chapter 42, Article II, Sections 42-31 to 42-60. NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. Recitals and Authorization. That Chapter 42, Article II, Sections 42-31 to 42-60 is hereby amended to read as follows: ARTICLE II. NUISANCE CODE ENFORCEMENT Sec. 42-31. Title of article. The article shall be known and may be cited as the "Nuisance Code Enforcement Board Ordinance." (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-32. 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: Abatement costs shall mean the city's costs for and associated with cleaning, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises to maintain and preserve public health, safety, and welfare in accordance with the city' Nuisance code pertaining to the condition of and maintenance of structures or premises, adopted pursuant to KRS 82.700 to 82.725. Nuisance Code Enforcement Board- shall mean an administrative body created and acting under the authority of the KRS 82.700 et seq. Nuisance Code Enforcement Officer shall mean all city citation officers as defined in section 2-571 of article VII of chapter 2 of the Paducah Code of Ordinances. Nuisance code shall mean any ordinances adopted by the city in Chapter 42, Article II SeGtiGn 42 4o herein pursuant to KRS 381.770 and KRS 82.705 or subsequently adopted. Person shall mean any person, individual, firm, partnership, association, corporation, company or organization of any kind. Premises or property shall mean a lot, plot, or parcel of land, including any structures upon it. 1 Remedy shall mean the action taken to abate any nuisance to bring property in violation of the nuisance code into compliance with the requirements of this chapter. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-33. Creation and membership. There is hereby created pursuant to KRS 82.700 to KRS 82.725 within the city, a City of Paducah Nuisance Code Enforcement Board which shall be composed of one or three member(s), all of whom shall be residents and registered voters of the city for a period of at least one year prior to the creation of the board and shall reside there throughout the term in office. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-34. Powers. (a) The Nuisance Code Enforcement Officer shall have the power to issue citations for violations of the nuisance code. Such citation shall be a final determination unless contested pursuant to the hearing procedures provided under section 42-39. (b) The Nuisance Code Enforcement Board shall have the power to conduct hearings, issue remedial orders and impose fines upon a final determination as a method of enforcing the nuisance code when a violation of the nuisance code has been determined by the Nuisance Code Enforcement Officer and a contest to the board has been initiated. (c) The Nuisance Code Enforcement Board shall have the authority to conduct hearings and make determinations regarding all nuisance code violations, but shall not have the authority to conduct hearings and make determinations regarding violations of article IV of chapter 42 of the Paducah Code of Ordinances or violations of buildings and buildings regulations in chapter 18 of the Paducah Code of Ordinances. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-35. Appointment of members; term of office; removal from office. (a) Members of the Code Enforcement Board shall be residents and registered voters of the city for a period of at least one year prior to joining the board and shall reside there throughout the term in office and shall be appointed by the Mayor of the City of Paducah, subject to the approval by the Paducah City Commission. (b) The initial appointment to a one member Nuisance Code Enforcement Board shall be three years. The initial appointment to a three member Code Enforcement Board shall be as follows: (1) One member appointed to a one-year term. (2) One member appointed to a two-year term. (3) One member appointed to a three-year term. All subsequent appointments shall be for a term of three years. A member may be reappointed by the Mayor, subject to approval by the Paducah City Commission. (c) The Mayor may appoint, subject to the approval of the legislative body, one alternate member to serve on the Code Enforcement Board in the absence of regular member(s). Alternate member(s) shall meet all of the qualifications and shall be subject to all of the requirements that apply to regular members of the Code Enforcement Board. (d) Any vacancy on the board shall be filled by the Mayor, subject to approval of the Paducah City Commission within 30 days of the vacancy. If the vacancy is not filled within that time period, the Paducah City Commission shall fill the vacancy. (e) A code board member may be removed from office by the Mayor for misconduct, inefficiency, or willful neglect of duty. The Mayor must submit a written statement to the member and the Paducah City Commission setting forth the reasons for removal. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-36. Organization of board; meetings; quorum; and alternate board members. (a) If the board consists of three members, it shall annually elect a chair from among its members. The Chairman shall be the presiding officer and a full voting member of the board. (b) Regular meetings of the Nuisance Code Enforcement Board shall be held monthly on a date to be set by the board. Meetings other than those regularly scheduled shall be special meetings held in accordance with the requirements of the Kentucky Open Meetings Act, and the board may adopt a procedure for special meetings, if necessary. (c) All meetings and hearings of the Nuisance Code Enforcement Board shall be held in accordance with the requirements of KRS 82.700 et seq., Roberts Rules of Order, the Kentucky Open Meetings Act, and the Kentucky Open Records Act. (d) Any action of any board member in his role as hearing officer shall be deemed to be the action of the board. (e) Minutes shall be kept for all proceedings of the Nuisance Code Enforcement Board and the vote of each member on any issue decided by the board shall be recorded in the minutes. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-37. Conflict of interest. Any member of the Nuisance 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 disqualify himself from voting on the matter in which he has an interest and shall not be counted for purposes of establishing a quorum. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-38. Jurisdiction. The Nuisance Code Enforcement Officer and Nuisance Code Enforcement Board shall have jurisdiction to enforce and shall enforce those city ordinances and code provisions which specifically provide for Nuisance Code Board enforcement. In the enforcement of this article, a Nuisance Code Enforcement Officer, and his duly authorized agents, assistants, employees, or contractors, may enter upon private or public property to ensure compliance with the provisions of this article. (Ord. No. 2001-10-6434,10-9-01; Ord. No. 2006-4-7105, § 1, 4-18-06) Sec. 42-39. Powers of the Nuisance Code Enforcement Board. The City of Paducah Nuisance Code Enforcement Board shall have the following powers and duties over all matters contained within this article: (a) To adopt rules and regulations to govern its operations and the conduct of its hearings. (b) To subpoena witnesses. (c) To conduct hearings to determine if there has been a violation of the nuisance code. (d) To take testimony under oath. The chairman shall have the authority to administer oaths for the purpose of taking testimony. (e) To make findings of fact and issue orders necessary to remedy any violation of the nuisance code or code provision which the board is authorized to enforce. (f) ' To impose fines, as authorized, on any person found to have violated the nuisance code. (g) To order liens to be filed for the collection of fines, charges, costs, penalties, and fees, including attorney's fees. (Ord. No. 2001-10-6434,10-9-01) Sec. 42-40. Enforcement hearing. The following requirements shall govern all enforcement hearings before the board: (a) If the alleged violator desires to contest the citation, he or she may initiate a hearing before the Nuisance Code Enforcement Board after a citation is issued by a Nuisance Code Enforcement Officer. (b) Except as provided in subsection (c) below, if a Nuisance Code Enforcement Officer believes, based on his personal observation or investigation, that a person has violated the nuisance code, he shall issue a notice of violation to the offender allowing the offender three days to remedy the violation without fine. The offender maywA be allowed a reasonable extension of time to remedy the violation without fine at the discretion of the Nuisance Code Enforcement Officer, if requested by the offender. 1. The notice of violation shall be reasonably calculated to inform the offender of the nature of the violation, and may be in the form of a door hanger for properties with dwelling or structures or in the form of a posted sign for vacant lots. (c) If the offender fails or refuses to remedy the violation within the time allotted by the Nuisance Code Enforcement Officer, the Nuisance Code Enforcement Officer is authorized to issue a citation. The citation shall represent a determination by the Nuisance Code Enforcement Officer that a violation has been committed, and that determination shall be final unless contested by the alleged violator and taken before the Nuisance Code Enforcement Board. (d) Nothing in this article shall prohibit the city from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents 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. (e) The citation issued by the Nuisance Code Enforcement Officer shall contain the following information: 1. The date and time of issuance; 2. The name and address of the person to whom the citation is issued; 3. The date and time the offense was committed; 4. The facts constituting the offense; 5. The section of the code or the number of the ordinance violated; 6. The name of the Nuisance Code Enforcement Officer; 3 7. The fine that will be imposed for the violation if the person does not contest the citation; 8. The maximum fine that may be imposed if the person elects to contest the citation; 9. The procedure for the person to follow in order to pay the fine or to contest the citation; 10. A statement that if the person fails to pay the fine set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Nuisance Code Enforcement Board to contest the citation and that the determination that the violation was committed shall be final; and 11. Notice that a lien may be filed or foreclosure proceedings initiated to collect fines, charges, costs, penalties, and fees, including attorney's fees. (f) Upon receipt of a citation, the offender shall respond to the citation within five days of the date of receipt by either paying the fine or requesting, in writing, a hearing before the Nuisance Code Enforcement Board to contest the citation. If the offender responds by paying the fine, the offender shall still be required to remedy the violation and will be given a reasonable time to remedy. If the offender fails to remedy the violation, another Notice of Violation may be issued, in accordance with subsection (b) above, for another violation of the nuisance code. If the person fails to respond to the citation within five days, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final. (g) If the offender does not contest the citation within the time prescribed, the Nuisance Code Enforcement Officer issuing the citation shall enter a final order determining that the violation was committed, no contest was initiated, and then cause the nuisance to be abated and/or impose the fine set forth in the citation. If the offender does not remedy in the time provided, another notice of violation may be issued, in accordance with subsection (b) above, for another violation of the nuisance code. A copy of the final order shall be served on the offender. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-41. Hearing; notice; and final order. (a) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing. The board shall hold hearings once a month. (b) Not less than seven days before the date of the hearing, the Nuisance Code Enforcement Board shall notify the requester of the date, time, and place of the hearing. The notice may be given by 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 18 years of age or older and who is informed of the contents of the notice. (c) Any person requesting a hearing before the Nuisance Code Enforcement Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and a determination that a violation was committed shall be entered and become final. The Nuisance Code Enforcement Board shall enter a final order determining the violation was committed and shall cause the nuisance to be abated and/or impose the fine set forth in the citation. The final order shall provide the offender a reasonable time to remedy the violation. If the offender does not remedy in the time provided, another notice of violation may be issued, in accordance with section 42-40(b), for another violation of the nuisance code. A copy of the final order shall be served upon the offender. (d) All testimony shall be taken under oath and recorded by audio, video, or stenographic means. Testimony shall be taken from the Nuisance Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Nuisance Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (e) The Nuisance Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. In making its determination, the Nuisance Code Enforcement Board shall use an arbitrary and capricious standard and shall uphold the citation unless the issuance of the citation was clearly erroneous. The Nuisance Code Enforcement Board shall uphold the citation if pictorial or photographic evidence supporting the citation is provided by the Nuisance 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. -� (1) The final order shall provide the offender a reasonable time, not to exceed ten days, to remedy the violation. If the offender does not remedy in the time provided in the final order, another notice of violation may be issued, in accordance with subsection 42-40(b), for another violation of the nuisance code. (f) Every final order of the Nuisance 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 is 4 issued, the order shall be delivered in accordance with the procedures set forth in subsection (b) above. (g) The Nuisance Code Enforcement Officer, at his discretion, may remedy the violation to bring the property into compliance with the Nuisance Code if the citation is not contested or if a final order upholding the citation is entered by the Nuisance Code Enforcement Board. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-42. Appeals; final judgment. (a) An appeal from any final written order of the Nuisance Code Enforcement Board may be made to the McCracken County District Court within thirty 30 seven days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the Nuisance Code Enforcement Board's final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. (b) The action before the district court shall be tried de novo and the burden shall be upon the city to establish that a violation occurred. If the court finds that a violation occurred, the offender shall be ordered to remedy the violation and pay to the city all fines, charges, fees, including attorney's fees, and penalties occurring as of the date of the judgment. The district court judge shall provide the offender a reasonable time to remedy the violation. If the offender does not remedy in the time provided, another notice of violation may be issued, in accordance with subsection 42-40(b), for another violation of the nuisance code. If the district court judge fails to provide the offender with time to remedy the violation, the offender shall have the time provided in the final order of the Nuisance Code Enforcement Board to remedy the violation. If the court finds a violation did not occur, the city shall be ordered to dismiss the notice and the plaintiff shall be authorized to recover his costs. (c) If no appeal from a final order of the Nuisance Code Enforcement Board is filed within the time period set in subsection (a) above, the Nuisance Code Enforcement Board's order shall be deemed final for all purposes. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-43. Ordinance fine schedule. Violations of ordinances that are enforced by the city Nuisance Code Enforcement Board shall be subject to the following schedule of civil fines: (a) If a citation for a violation of the nuisance code is not contested by the person charged with the violation, the penalties set forth in this subsection may apply per day, per violation: TABLE INSET: Violation 1 st Offense 2nd Offense All Others Property maintenance $100 $250 $500 Abandoned Vehicles and Appliances $100 $250 $500 Litter $100 $250 $500 Solid Waste $100 $250 $500 Other Nuisances $100 $250 $500 (b) If the citation is contested and a hearing before the Nuisance Code Enforcement Board is required, the following maximum penalties may be imposed at the discretion of the board per day, per violation: TABLE INSET: Violation 1st Offense 2nd Offense All Others Property maintenance $200 $500 $1,000 Abandoned Vehicles and Appliances $200 $500 $1,000 Litter $200 $500 $1,000 Solid Waste $200 $500 $1,000 Other Nuisances $200 $500 $1,000 (Ord. No. 2001-10-6434, 10-9-01) I Sec. 42-44. Lien; fines, charges, abatement costs, and -fees, penalties, attorney fees and costs. (a) The city shall possess a lien on the property finally determined to be in p-r�_ew-ned-by the peFse4 the-EeUrt, te- have -eeMmitted a violation of the nuisance 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 $15.00 administration fee, incurred by the city in connection with the enforcement of the nuisance codeeYf'o,�,nanGe. The lien shall bear interest at the rate of four percent per annum until paid. (b) A notice of the lien may be recorded in the office of the county clerk. The '1e^ shall he of its reGGrding and shall bear interest, at the Fate Gf fG61F PeFGent inteFest, uRtil paid. (c) Pursuant to KRS 82.720, the lien shall be superior to and have priorityta-ke nrene4enne over all other liens on the property, except state, county, school board, and city taxes, and may be enforced by judicial proceedings. (d) In addition to the remedy prescribed in subsection (a), the owner or owners of the property at the time the violation occurredpersen found to have GeMmitted the vielatien shall be personally iiable� for the amount of all fines assessed for the violation and for all charges costs penalties abatement costs, and fees, including without limitation attorne 'sY fees and a $15.00 administration fee incurred by the city in connection with the enforcement of the nuisance code. The aforesaid amount shall bear interest at the rate of four percent per annum until paid., ' , and feF all Gharges and fees ;RGurred by the pity in nnnnentien with the enfnrrement of the n„is,nGe Gode_ The city may bring a civil action against the responsible owner or owners persen and shall have the same remedies as provided for the recovery of a debt. (e) The city shall be entitled to recover from the responsible owner or ownersparty OF nariiec all reasenable attorney fees and others costs incurred by the city by reason of the collection upon and enforcement of the responsible owner's or owners'" eF parties' liability hereunder and the lien which secures the same. (f) Upon payment, determination of the Nuisance Code Enforcement Board or Court order, the city shall be authorized to release any lien filed hereunder and recorded in the Office of the County Clerk. (Ord. No. 2001-10-6434, 10-9-01; Ord. No. 2006-4-7105, § 2, 4-18-06) Sec. 42-45. Ordinances enacted as the nuisance code. T4ie-AII sections in this article, sec-t+eRsr42-46, 42-47, 42 48, 42-4 , and 42 are enacted pursuant to KRS 381.770 and KRS 82.705 as part of the nuisance code. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-46. Property maintenance code. (a) Adopted. A certain document, one copy of which is on file in the office of the City Clerk of the City of Paducah, being marked and designated as "International Property Maintenance Code 2006 Edition" as published by the International Code Council, and the property maintenance code currently adopted by the City of Paducah, be and all future editions are hereby adopted for the control of buildings and structures as therein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of said International Property Maintenance Code and the property maintenance code currently adopted by the City of Paducah, are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in subsection (b) below. Violations of the provisions therein shall be deemed a nuisance enforceable by this article. (b) Additions, insertions and changes. The International Property Maintenance Code is amended and revised in the following respects: (1) Section 101.1 (p.1, second line). Insert: City of Paducah. (2) Section 103.5 [delete section] ` (3) Section 104.8 A Property Maintenance Permit shall be required for the abatement of JI violations under any of the provision of this code. (4) Section 104.9 Prior to a valid work permit being issued to any individual or legal entity, the individual or legal entity must have no other valid work permits for properties (a) where further code enforcement is necessary or ongoing, or (b) where work has ceased or is not being completed in a workmanlike or acceptable manner so as to address the scope of the work authorized by any other valid work permits. Additionally, prior to a valid work permit being issued to any individual or legal entity, the individual or legal entity must have no other monies owed to the City of Paducah by way of back taxes, citations, liens, assessments, or other costs 6 or charges. Whenever a valid work permit has been issued to upgrade or repair a structure on which the code official has served notice to make corrections or repairs required by such notice, the upgrade or repairs shall be commenced within ten days. All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to serve the results intended by the order. Any cessation of the normal construction or repairs may cause the permit to become invalid. No work permit shall be issued for a structure when the original permit has become invalid without the applicant going through the appeals process. (5) Section 111 Means of Appeal is deleted. The Means of Appeals shall be as the contest _ procedure to the Nuisance Code Enforcement Board as provided in this article. (6) Section 202. Insert: Public Nuisance: Includes, but is not limited to, any of the following: 12. Any physical condition or occupancy of any premises or appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; 23. Any premises that has unsanitary sewerage or plumbing facilities; 34. Any premises designated as unsafe for human habitation; 45. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure so as to endanger life, limb or property; 56. Any premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; 67. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or 73. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises. (7) Section 301.4 Public Nuisance. All premises shall be kept free from public nuisances as defined in Section 202. (8) Section 302.4 Insert: 10 inches (9) 304.14 (p.10, first and second line). Insert: May 1 thru October 31. (10) Section 602.3 (p. 17, fifth line). Insert: September 1 thru May 31. (11) Section 602.4 (p. 17, third line). Insert: September 1 thru May 31. (12) The term "code official," as used in the International Property Maintenance Code, shall be deemed to be either the City Building Inspector, City Fire Marshal, or their duly authorized representatives, and both shall be charged with the administration and enforcement of this code. (13) The board of appeals referred to in the International Property Maintenance Code shall be the Nuisance Code Enforcement Board, as set forth in this article. (c) Enhanced standards for Fountain Avenue Revitalization Project. In addition to the International Property Maintenance Code, 2006 edition, and property maintenance ordinances currently adopted by the City of Paducah, the following additional enhanced standards are adopted to supplement the aforementioned regulations in order to bolster the Fountain Avenue Revitalization Project. (1) Physical boundaries of the Fountain Avenue Revitalization Project. These enhanced standards shall apply to all structures encompassing the following geographic district located within the City of Paducah: Beginning at a point in the centerline of North 13th Street in line with an alley between Jefferson Street and Monroe Street, going in a westerly direction to a point in a public alley intersection at a point between Jefferson Street and Monroe Street, one-half block east of Fountain Avenue, then in a southerly direction to the north right-of-way line with Jefferson Street, then west with the north right-of-way line of Jefferson Street to the intersection of an alley one-half block west of Fountain Avenue, then in a northerly direction one-half block west of Fountain Avenue to a point at the intersection of an alley half block west of Fountain Avenue and Park Avenue, including the lots west of the circular area of Fountain Avenue, then in an easterly direction down Park Avenue to a point in the center line of 13th Street, then in a southerly direction down the centerline of 13th Street to the point of beginning. (2) Application of enhanced standards. The following items determine the circumstances in which the enhanced standards shall apply to all structures located within the geographic district described in subsection (c)(1) above. a. All rehab work, additions, or repairs with a combined value of work and materials of more than ($10,000.00) shall require the structure to come under compliance with the new regulations 7 I __ =:: r- - - - - -- _ -:_ _ set forth in this subsection (c). If the combined value of work and materials as described above is less than ($10,000.00), then only the work permitted must come into compliance with these standards. b. The code enforcement officials of the City of Paducah shall administer the enhanced standards set forth in this subsection (c). The interpretation and enforcement of any and all portions of these enhanced standards enumerated in this subsection (c) shall remain within the sound discretion of the code enforcement officials of the City of Paducah. Further, the code enforcement officials of the City of Paducah shall have original jurisdiction to resolve any disputes related to or arising under this subsection (c). c. Lack of progress towards compliance with these enhanced standards shall constitute a valid cause for penalty under this subsection (c). Lack of progress shall be defined as progress less than that which a two -person crew could reasonably be expected to achieve while working a minimum of 144 work hours per month. (3) The enhanced standards for the Fountain Avenue Revitalization Project. The following enhanced standards shall apply to all structures located within the geographic district described in subsection (c)(1) above. a. Any work commenced in order to comply with these enhanced standards shall be performed in a professional, highly skilled, and workman -like manner and comply with any applicable manufacturer's instructions and methods. b. The foundation of all structures shall be level, plumb, and have adequate footings to carry the weight of the structure, and such footings shall be constructed with approved methods and materials. c. Wooden joists, beams, columns, piers, posts, sills, and any other load-bearing or framing component member shall be free of rot, infestation, previous damage, or otherwise weakened or compromised wood. Any such compromised material must be removed and replaced. All load- bearing members shall be of adequate size and dimension. Treated lumber shall be used in all replacement framing where required by the building code of the City of Paducah. d. All masonry surfaces shall be tight, dust free, and spall free. Mortar joints shall be strong and properly adhered to surrounding surfaces. Brick lines shall be string line straight and wall lines shall be plumb. The requirements of this subsection shall apply both to exterior and interior foundation walls. An inspection and approval of the sub -surface material shall be required prior to the installation of any foundation covering or obscuring material such as mortar, wood, metal, or any other similar material. e. Piers shall have adequate -sized footings and all bearing surfaces shall be flat and tight and have a properly installed termite shield. Piers shall be adequately spaced and the material used shall be approved for use in that location. f. All materials in contact with the ground shall be listed for ground contact. g. Yard surface finished grades around foundations shall be graded to direct water away from the structure, but not to any adjacent property. The crawlspace grade shall not be lower than the exterior landscaped grade. h. Any siding used on structures shall be wood lap siding (no sheet material allowed), haFdohard board siding (smooth side only), vinyl, brick, or stone. Imitation, manufactured brick, or manufactured stone materials shall not be allowed for the siding of any structure. However, vinyl siding shall only be allowed in rehabilitation work for soffit, eaves, roof dormers or the like, or gable ends over brick walls, or where the existing material is removed down to the studs and new sheeting is installed. All trim shall be wood or �hand plank (smooth side only) in nature. i. Existing finish siding shall be removed prior to the installation of any new siding. In no case shall there be more than one layer of existing finished exterior siding. All siding and trim shall be maintained in good condition free of any damage, separations, cracks, holes, warping or other deterioration of any kind. Existing vinyl siding and trim shall be maintained in a clean, neat and orderly condition without any noticeable build-up of mold, dirt, heavy dust layers or other unsightly material. j. All siding and trim shall be properly and securely fastened to structural elements with appropriate fasteners. k. All composition roof shingles shall match in color, grade, and profile. Composition shingles shall have tight, even grains, in which the shingle body is not visible. Composition shingles shall not have curling of any nature or degree. All flashing shall be generally rust -free and in good condition. I. Metal roofing shall not exhibit a dented appearance as a result of the installation process or for any other reason. All roofing installation shall be straight and maintain the appearance of a constant reveal, where applicable (i.e. not applicable to built-up roofs). All roofing materials shall be new or in like -new condition during the installation process. m. All roof edges shall be neatly trimmed and any metal flashing shall be rust -resistant and dent -free. n. Rehabilitation projects, where the expected total rehabilitation cost is anticipated to exceed ($20,000.00), shall require the replacement of mechanical systems including HVAC, electrical, and plumbing, unless it can be shown that such systems have been replaced in their entirety within the previous five years from the date of the permit application or other satisfactory proof can be made that such mechanical systems are functioning efficiently and safely. o. Gutters and downspouts shall be properly maintained, properly attached to the structure, clear of debris, and shall not be allowed to discharge water that could potentially create a public or private nuisance. Severely dented gutters or downspouts shall be replaced immediately. p. All accessory structures shall be regulated by the same standards as the principal structures. q. All doors and windows shall be maintained in good condition, without dents, holes, or other damage. Glass used in any door or window shall not be cracked or broken. Double insulated glass units shall be in like -new condition with intact factory seals. Any glazing compound used shall be fresh and painted. All joints shall be tight. r. All exterior surfaces requiring paint as a protective coating shall be painted and any previously painted surfaces must be maintained in an aesthetically pleasing manner. Previously painted surfaces shall be cleaned, scraped, primed, and caulked prior to painting of any kind. Unpainted surfaces shall be primed and caulked prior to the occurrence of any painting on said surface. Exterior painted surfaces shall have a minimum of two coats of exterior grade finish paint. s. No chipping, peeling, or flaking paint shall be allowed. Painted surfaces that exhibit mold, spores, or other discolorations shall be treated to remove same or shall be replaced. t. All exterior physical improvements such as fences, sidewalks, retaining walls, fountains, garden ornamentation, planters, railings, and other similar decorative installations shall be maintained in a clean and neat manner free of any deterioration. u. Items such as missing fasteners, tilting or leaning fences, posts, rails, rust or discoloration of materials, heaving concrete, missing bricks, missing fence, wall, or deck components, and all such like items shall be replaced. (d) Savings clause. Nothing in this section or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection (b) above; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section. (e) Conflicts. If any conflicts exist between the International Property Maintenance Code and the Kentucky Building Code, the Kentucky Building Code shall take precedence and control over all such matters. (f) Collection of costs incurred by city. The city shall be entitled to recover from any responsible party or parties all reasonable attorney fees and other costs and expenses incurred by the city by reason of the collection upon and the enforcement of the responsible party's or parties' liability, and the lien which secures same, under the International Property Maintenance Code as adopted by the city or under KRS 82.720. (Ord. No. 2001-10-6434, 10-9-01; Ord. No. 2006-4-7104, §§ 1, 2, 4-18-06; Ord. No. 2006-4- 7105, § 3, 4-18-06) Sec. 42-47. Litter. (a) Definitions for this section. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Aircraft. Any contrivance now known or here -after invented, used or designated for navigation or for flight in the air. Aircraft shall include helicopters and lighter -than -air dirigibles and balloons. Authorized private receptacle. A litter storage and collection receptacle as required and authorized in section 42-49 of this chapter and by the refuse department. Commercial handbill. 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: (a) Which advertises for sale any merchandise, product commodity, or thing; (b) 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; (c) 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 E 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 state, or under any ordinance of this city; or (d) 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 so engaged as advertiser or distributor. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Litter, garbage, refuse, and rubbish. As defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Motor vehicle. Any contrivance or parts thereof, propelled by power and used for transportation of persons or property on public streets and highways. Newspaper. Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public. Noncommercial handbill. Any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. Park. A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. Private premises. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Public place or property. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. Refuse. All putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, interior furniture interior and exterior decorations crockery and similar materials. Vehicle. Any vehicle device or other contrivance or parts thereof, propelled by human or mechanical powe[EveF y deyiGe in, upon, or by which any person or property is or may be transported or drawn, upon a highway, including without limitation devices used exclusively upon stationary rails or tracks motor vehicles tractors boats motorboats watercrafts sailboats boat and utility trailers mobile homes motor homes campers, and off-highway vehicles.-;-- (b) ehicles.—(b) Depositing litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps. (c) Depositing litter in parks. No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. (d) Depositing litter in lakes and fountains. No person shall throw or deposit litter in any river, fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within or bordering the city. (e) Depositing litter on private property, duty to maintain private property free of litter. (1) No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property. 10 (2) The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection. (f) Depositing litter on vacant lot. No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not. (g) Manner of placing litter in receptacles. Person placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (h) Sweeping litter into gutters. (1) No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (2) No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (i) Throwing litter from vehicle. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (j) Truck loads causing litter, tires carrying dirt or other material onto street. No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind. (k) Dropping litter from aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (1) Distribution of handbills. (1) Depositing on street, sidewalk or other public place. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city. (2) Depositing in or on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that is shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it and to be responsible for disposing of it. (3) Depositing on vacant private premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (4) Depositing on posted private premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises, in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers, or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (5) Depositing on inhabited private premises. a. Generally. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that, in case of inhabited private premises which are not posted as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. b. Exemption for mail and newspapers. The provisions of subsection (e)(1) of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (m) Posting notices on trees or utility poles. (1) It shall be unlawful for any person to tack, place or post any signs, cards, placards or advertisements of any character on any utility pole or tree in the public right-of-way, on or along any of the sidewalks, streets, alleys or public grounds in the city. The city may place traffic control signs on utility poles after obtaining a permit from the owner of the utility pole. 11 (2) Permits for stretching streamers or placing banners and/or decorations temporarily may be issued by the office of the Mayor at his/her discretion when in the interest of charitable, benevolent, patriotic or municipal causes. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-48. Vvehicles and appliances. (a) Definitions for this section. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Appliances. Anv unit. or part thereof. of household appliances. machinery. furniture, or equipment, whether functional or ornamental, and whether mechanical or powered by some source of energy or not, including, but not limited to, stoves, refrigerators, television sets, beds, lamps, tools, mowers, garden tractors, building materials, objects of art, and the like. In the oxen shall mean is upon land that may be viewed from a public street or an adjoiningproperty Junked appliances. (1) Any unit, or part thereof, of household appliances, machinery, furniture, or equipment, whether functional or ornamental, and whether mechanical or powered by some source of energy or not, including, but not limited to, stoves, refrigerators, television sets, beds, lamps, tools, mowers, garden tractors, building materials, objects of art, and the like, the condition of which is one of the following: a. Wrecked; b. Dismantled; c. Partially dismantled; d. Inoperative; e. Abandoned; f. Discarded. feet. Junked meter -vehicles. ARY GE)n+vanGe, or ^aFtc theFeef, propelled by power and us for tra peFta+iGR f p r nrnneFt„ nn p bliG stFeets and highwo.icAny vehicle, device or other contrivance, or parts thereof, propelled by human or mechanical power in, upon, or by which any person or property is or may be transported or drawn, including without limitation devices used exclusively upon stationary rails or tracks, motor vehicles, tractors, boats, motorboats watercrafts sailboats boat and utility trailers, mobile homes, motor homes, campers, and off-highway vehicles, the condition of which is one or more of the following: (1) Wrecked; (2) Dismantled; (3) Partially dismantled; (4) Inoperative; (5) Abandoned; (6) Discarded. Motor vehicle. Any contrivance or parts thereof, propelled by power and used for transportation of persons or property on public streets and highways. Person. Any individual, firm, partnership, association, corporation, company or organization of any kind. Public place or property. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. Vehicle. Any vehicle device or other contrivance, or parts thereof, propelled by human or mechanical power in upon or by which any person or property is or may be transported or drawn including without limitation devices used exclusively upon stationary rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts, sailboats, boat and utility trailers, mobile homes, motorhomes, campers, and off-highway vehicles, . (b) Declaration of nuisance; exceptions. (1) The presence of any junked naetsT--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 motor vehicle or appliance on the real property of another or to suffer, permit or allow a junked n4eter--vehicle or appliance to be parked, left or maintained on his own real property, provided that this provision shall not apply with regard to: a. Any n4eter--vehicle or appliance in an enclosed building; 12 b. Any r KAGr—vehicle or appliance on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or c. Any n4etsr-vehicle or appliance on property occupied and used for repair, reconditioning and remodeling of n4etsr-vehicles or appliances in conformance with the zoning code of the city. (2) Accumulation of Vehicles. No person shall accumulate, store or allow more than four (4) vehicles in the open upon any public property or on anVprivate lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city. Such accumulation, storage or allowance shall be deemed a public nuisance and it shall be unlawful for any person to cause or maintain such a public nuisance, provided that this provision shall not apply with regard to: a. Any vehicle in an enclosed building, provided that such storage in an enclosed building must not create or constitute a health or fire hazard; b. Any vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or c. Any vehicle on property occupied and used for repair, reconditioning and remodeling of vehicles in conformance with the zoning code of the city. (c) Liability for damages to removed vehicle or appliance. Neither the owner or occupant of the premises from which any aforesaid ' vehicles or appliances shall be removed, their servants or agents, or any department of the city, or its agents, shall be liable for any loss or damage to the juriked meter --vehicle or appliance while being removed or as a result of any subsequent sale or other disposition. (d) Compliance by removal of vehicle or appliance. The removal of the jURked meter vehicle or appliance declared to be a nuisance pursuant to this article from the premises within three days after receipt of Notice of Violation from city shall be considered compliance with the provisions of this article and no further action shall be taken against the owner of the ' vehicle or appliance or the owner or occupant of the premises. Written permission given to the Nuisance Code Enforcement Officer for the removal of the junked rneter vehicle or appliance by the owner of same or the owner or occupants of the premises on which it is located shall be considered compliance with the provisions of this article on their part and no further action shall be taken against the one giving such permission, except for collection of towing charges or hauling costs for the removal of the nuisance. (e) Right of entry. In the enforcement of this article, a Nuisance Code Enforcement Officer, and his duly authorized agents, assistants, employees, or contractors, may enter upon private or public property to examine ,ajUnked meter vehiGlethe vehicle or appliance, or obtain information as to the identity of a jURked metGr �othe vehicle or appliance and of the owner thereof, and to remove or cause removal of a liked mGt r � the vehicle or appliance declared to be a nuisance pursuant to this article. (f) Article supplemental to other regulations. (1) This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles or appliances or the accumulation and storage of vehicles within the city. asseteut-iR Sect' b abeve. The provisions of this article are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or any other legal entity or agency having jurisdiction. (2) The provisions of this article shall be deemed cumulative of the provisions and regulations contained in the Code of Ordinances, City of Paducah, Kentucky, save and except that, where the provisions of this article and the sections hereunder are in conflict with the provisions elsewhere in this Code, then the provisions contained herein shall prevail. Any and all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. (Ord. No. 2001-10-6434,10-9-01) Sec. 42-49. Solid waste. (a) Definitions for this section. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Back door pickup. Requested by residence to have a point of pickup other than what is assigned. Bulk waste. Any items commonly handled in bulk form, including but not limited to any discarded appliance such as hot water heaters, stoves, air conditioners and refrigerators; any discarded furniture such as couches, chairs and mattresses; trees or tree limbs in excess of 48 inches in length and greater than three inches in diameter; or tree stumps. Business. Applies to any establishment or firm wherein an occupational license is required by the city, except as otherwise provided herein. 13 Commercial waste. Any waste generated by a business establishment, excluding such waste as designated in subsection (e) of section 42-49. Commercial waste container. Dumpsters of various sizes: two-, four-, six- and eight - cubic yard capacity. Dumpsters shall remain the property of the city. Department. The Public Works Department of the city. Department in charge. The Public Works Department will be charged with carrying out the duties of the provisions of this section. Division. The Solid Waste Division of the Public Works Department. Green waste. Includes, but is not limited to, all accumulations of grass, shrubbery, weeds or cuttings from any of the foregoing, or pine needles, and other waste incidental to the growth, maintenance or care of lawns, or shrubbery, vines and gardens. The term "green waste" shall not be taken to include trees or tree limbs in excess of 48 inches in length and greater than three inches in diameter, tree stumps, used or broken appliances, furniture, bedding, building materials, lumber or other material of like nature (see the definition of "bulk waste" herein). Multiple dwelling. A structure or structures having more than one single-family unit, and shall include apartment buildings, motels and hotels. Premises. Land or buildings, or both, occupied or used by one or more households or one or more business places. Residence. A single-family residential unit. Residential waste. Every accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl, fruits or vegetables. This also includes any other matter of any nature whatsoever which is subject to decay and the generally noxious or offensive gases or odors which, during or after, may serve as breeding or feeding material for flies or other germ -carrying insects; and any waste accumulations of paper, wooden or paper boxes, tin cans, bottles or other containers, sweepings, and all other accumulations of a nature usual to housekeeping. Residential waste container. Green mobile cart (capacity 96 gallons). Said container shall remain the property of the city. Residential waste container (special pickup). Blue mobile cart (capacity 96 gallons). Said container shall remain the property of the city. Solid waste. All forms of waste as defined herein, including bulk, commercial, green and residential waste. Special pickup. When no individual in the household is physically or mentally capable of maneuvering the waste container to the designated point of pickup. Trailer park, mobile home park. Any business enterprise maintaining premises for the rent of mobile homes or house trailers and/or mobile home or house trailer sites. (b) Authority and duties of City Manager. (1) The City Manager or his/her designee shall have the authority to make and modify, as necessary, the days of collection, location of containers, and such other matters pertaining to the collection, transportation and disposal of waste. (c) Preparation of waste. (1) Residential waste. All residential waste must be contained within the confines of the residential waste container. The container shall be kept tightly covered at all times except when it becomes necessary to lift covers for the purpose of depositing waste or for the purpose of emptying such waste container in a solid waste truck. No medical, hazardous and/or toxic waste or liquids will be deposited into a residential waste container. (2) Commercial waste. All commercial waste must be contained within the confines of the appropriate commercial waste container. No medical, hazardous and or toxic waste or liquids will be deposited into a commercial waste container. (3) Green waste. All green waste which is absorbent, such as grass and leaves, shall be contained in bags (not to exceed 50 pounds) and kept separate from residential waste. All trimmings, such as hedge or tree limbs (not greater than three inches in diameter), vines and shrubbery shall be bundled in bundles not greater than 48 -inch lengths and not to exceed 50 pounds in weight. All bags and bundles shall be placed at the household's designated point of pickup. (4) Bulk waste. Bulk waste shall be picked up at the designated point of pickup. All items shall be prepared for disposal in accordance with all local, state, and federal laws. (d) Location of containers, collection. (1) Restrictions on collectors. City solid waste collectors shall not enter houses or buildings for the collection of solid waste nor shall they accept any money or gifts for their services. (2) Separation of waste from non -waste items. Solid waste shall not be stored in close proximity to other effects which are not desired to be collected, but shall be reasonably separated in order that the collectors can clearly distinguish between what is to be collected and what is not. (3) Residential collection. a. The city shall collect residential waste once a week in accordance with a schedule prepared by the City Manager or his/her designee. 14 b. It shall be the responsibility of each occupant, on the scheduled day of collection, to place his residential waste container(s) at the designated point of collection (curbside, street side or in an accessible alley) not later than 5:30 a.m. the day of scheduled pickup, unless otherwise authorized by the City Manager or his/her designee. The container shall be placed in such a manner as not to interfere with overhead power lines or tree branches, parked cars, vehicular traffic, or in any other way that would constitute a public hazard or nuisance. c. Waste containers may be placed at the point of pickup the evening before the scheduled pickup service. Waste containers shall be removed from the point of pickup not later than 11:00 p.m. of the day of the scheduled pickup. d. Waste containers, when not out for collection on the scheduled pickup day, will be kept away from the front of any building or premises. No waste container shall be maintained upon or adjacent to any street, sidewalk, or front yard. e. If accumulation of residential waste regularly exceeds the capacity of the 96 -gallon container, the City Manager or his/her designee may assign the resident an additional 96 -gallon container, at such fees or charges as the City Commission may establish from time to time by municipal order. f. The city may provide pickup service at other than the designated location, at such fees or charges as the City Commission may establish from time to time by municipal order. The location of the pickup will be approved by the City Manager or his/her designee. g. The City Manager or his/her designee shall have sole discretion in verifying the need for a special pickup (blue residential waste container) and the determination of the point of pickup for said special pickup. 1. In the event the occupant has difficulty in using the refuse container in the designated area or would create a hardship, the occupant shall notify the City Manager in writing stating the basis for the difficulty and what relief is requested. 2. The City Manager or his/her designee upon a showing of physical handicap or medical condition by written documentation or sufficient proof as to physical conditions hindering compliance, may grant the relief requested or other appropriate relief. 3. These conditions shall apply when there is no one present in the household who is able to move the container to the+s designated point of pickup. h. The city shall collect green waste once a week in accordance with a schedule prepared by the City Manager or his/her 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. i. No provision of this chapter shall be construed to prevent any person from transporting or disposing of solid waste produced by the household. Disposal by such means shall not exempt such person from the obligation to pay the solid waste collection service charges. (4) Container damage or loss. Residential waste container(s) and commercial waste container(s) shall both remain the property of the city at the premises where delivered. The premises' owner(s) or occupant(s) and/or commercial establishment shall maintain their assigned waste container(s) and the surrounding area in a clean, neat, sanitary condition. Residential and commercial waste contain(s) shall be cleaned and disinfected on a regular basis by the premises' owner(s) or occupant(s) or business utilizing the waste container. Container(s) which are damaged, destroyed, or stolen through neglect, improper use or abuse by the occupant -users shall be replaced by the city at the expense of the occupants or the owner of the residence. Container(s) which are damaged in the course of normal and reasonable usage or which are damaged, destroyed, or stolen through no abuse, neglect, or improper use of the occupant(s)-users or residence owner shall be repaired or replaced at the sole discretion of the city, at no charge to the occupant -users or residence owners. The containers shall not be damaged, destroyed, defaced or removed from the premises by any person. Markings and identification devices on the containers, except as placed or specifically permitted by the city, are expressly prohibited and shall be regarded as damage to the containers. (5) Bulk waste. a. The city will provide pickup of bulk waste upon citizen request, from the household's designated point of pickup. This is a separate service and will be provided at such fees or charges as the City Commission may establish from time to time by municipal order. Pickup will be within five working days, or as soon thereafter as possible. b. The owner of any vacant lot may make arrangements with the city for pickup of bulk waste. The location of the pickup shall be determined by the City Manager or his/her designee. Pickup will be provided at such fees or charges as the City Commission may establish from time to time by municipal order. Pickup will be provided within five working days of the request, or as soon thereafter as possible. (6) Commercial collection. Collection of commercial service shall be made at least weekly, and more frequently if deemed necessary by the City Manager or his/her designee to prevent unsanitary or unsightly accumulation of solid waste. The City Manager or his/her designee shall establish routes of varying frequency for collection and assign each commercial or industrial establishment to the route and frequency which is most adapted to its collection needs. is a. All commercial establishments/businesses shall utilize a commercial waste container (two-, four-, six- or eight -cubic yard dumpster) unless otherwise authorized by the City Manager or his/her designee. b. Commercial waste containers must be clear of all obstructions and obstacles at all times to allow for the proper service and inspection. The service schedule is generally 4:00 a.m. to 12:30 p.m. Monday through Sunday. c. New commercial waste accounts, as of November 1, 1997, shall be required to place the container on approved service pads to be constructed of eight -inch thick concrete having a minimum compressive strength of 4,000 psi containing fiber mesh or woven wire and of a size not less than ten feet wide and 30 feet long. Exceptions of the aforementioned dimensions for width and length shall be at the discretion of the City Engineer. All exceptions will be as a result of physical features adjacent to the approved site. The property owner will be responsible for all repairs necessary as a result of servicing the dumpster. d. The location shall be approved through the City of Paducah prior to placement. The approval will be a process of the site plan evaluation. The location of the pad will provide freedom of access of solid waste vehicles unimpeded by parked cars. The service pad will be located in a manner as to allow the straightest route into the dumpster. The location will limit turning of refuse vehicles to service the dumpster. e. All dumpsters should be located as near to the rights-of-way as practical, but not in the right- of-way. f. Commercial accounts may request an additional unscheduled pickup. This service will be provided at such fees or charges as the City Commission may establish from time to time by municipal order. (7) Seasonal collection service. The schedule for collection of bagged leaves shall be established by the City Manager or his/her designee based on weather conditions caused by either an early or late fall. This service will be performed in conjunction with the weekly pickup of green waste. (e) Unlawful accumulation or disposal of waste; disturbing containers. (1) Disposal requirements generally. The disposal of solid waste in any quantity by an individual, householder, establishment, firm or corporation in any place, public or private, other than at the site or sites designated and/or with properly approved permits, is expressly prohibited. Such disposal methods shall include the maximum practical protection for control of rodents, insects, and nuisances at the place of disposal. (2) Unlawful accumulations. a. No person shall permit to accumulate on his/her premises any solid waste except in containers of the type specified in this chapter, and no odiferous, unsanitary, offensive or unsightly wastes other than solid waste shall be permitted to accumulate on such premises. Noncompliance with the provisions of this section shall constitute a public nuisance. b. The occupant of the premises or, in the case of unoccupied premises, the owner, shall be responsible for maintaining, in a clean and sanitary condition free of all solid waste, the sidewalks, ditches, curbs/gutters and unpaved/undeveloped portion of rights-of-way abutting such premises. (3) Disturbing containers. At no time shall any person rifle, pilfer, dig into or in any manner disturb containers containing solid waste. (4) Removal of waste by contractors, public utilities, builders, tree trimmers and landscapers. All these must remove all trash and debris from the premises upon which they are working at their own expense. This shall include but not be limited to limbs, tree trunks, roots, concrete slabs, concrete blocks, bricks and all other materials used by contractors in the course of building, construction and or alterations. (5) Prohibited substances in city -owned containers. The following substances are hereby prohibited and shall not be deposited in any city -owned solid waste container, either residential or commercial: a. Flammable liquids, solids or gases, such as gasoline, benzine, alcohol or other similar substances. b. Any material that could be hazardous or injurious to city employees or which could cause damage to city equipment. c. Building material/debris. d. Hot materials such as ashes, cinders, and the like. e. Human or animal feces are hereby prohibited from being placed in any solid waste container - unless placed and secured in a plastic bag. f. Carcasses of dead animals. (6) Industrial, hazardous, toxic, medical and infectious waste. All industrial, hazardous, toxic, medical, and infectious waste, including but not limited to hypodermic syringes, shall be disposed of by the industry, manufacturer, or processing plant generating such waste under such methods and conditions as shall be approved by all applicable state or federal guidelines. 16 t (7) Dumping in stream, ditch, sewer or drain. It shall be unlawful for any person, firm, or other entity, regardless of form, to dump waste in any form into any stream, ditch, storm sewer, sanitary sewer, or other drain. (f) Open burning. It shall be unlawful for any person, firm or other entity, regardless of form, to burn or attempt to burn solid waste on private or public property within the city limits. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-50. Other nuisances. (a) , (1) NuisaRGe. uhliE ulsaRGe. publiG e a Ftinlo or in nnnnrdanGe with any ether nrrwicinn of law. {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: (1) Dangerous trees or stacks adjoining street. Any tree, stack or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb or property of, or cause hurt, damage or injury to, persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof. (2) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another. (3) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity. (4) Weeds and grass. The excessive growth of weeds, grass, or other vegetation, except flowers or other ornamental vegetation, which are well maintained. Unless otherwise provided, "excessive" shall mean growth to a height of ten inches or more. (5) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place. (6) Trees and shrubbery obstructing streets, sidewalks, and drainage. The growing and maintenance of trees or shrubbery which in any way interfere with the use, construction, or maintenance of streets or sidewalks, cause injury to streets or sidewalks, or constitute an obstruction to drainage. (bd) Responsibility for nuisances created by others. For the purposes of this article, it shall not be essential that the nuisance be created or contributed to by the owner, occupant, or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests, or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of. (Ord. No. 2001-10-6434, 10-9-01) Sec. 42-51. Reserved. ^tterney fees and costs. sr�t+nn ' lability hereunder and the li Whi se Fe same e�-I�-�Terc-�,-,Qer-a,,a-�,T�er�� �c�,tie-t e�,-n� (Ord No 2001 _10 6434 10 9_01) Sec. 42-52. Illicit discharges. (a) Purpose and scope. This section is intended to protect the general health, safety, and welfare of the citizens of the City of Paducah by declaring illicit discharges into the storm sewer system to be nuisances, and more specifically: (1) To protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act by prohibiting non-stormwater discharges and connection to the municipal separate storm sewer system (MS4), collectively called stormwater conveyance system. (2) To prohibit illicit discharges and connections to the MS4. (3) To establish legal authority to carry out all inspection, surveillance and monitoring, and enforcement procedures necessary to ensure compliance with this section. 17 (b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Enforcement agency is the City of Paducah's Engineering Department and its duly authorized representatives or designees. Hazardous materials is any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, biological or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit discharge is any direct or indirect non-stormwater substance or hazardous material disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, intentionally or unintentionally, into the MS4 or any area that has been determined to drain directly or indirectly into the MS4, except as exempted in subsection (e) herein. Illicit connection is defined as any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4. Included are conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved. Inspector is a person designated by the City Engineer or the enforcement agency. Municipal Separate Storm Sewer System (MS4) of Paducah means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains designed or used for collecting or conveying stormwater that is owned or operated by the city and discharges to waters of the Commonwealth. Sanitary and combined sewers are not included in the definition of the municipal separate storm sewer system. Non-stormwater discharge is any discharge to the MS4, that is not composed solely of stormwater except as permitted by subsection (e) herein. Pollutant is anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non- hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises is the area of land, site, grounds, or property on which the illegal discharge emanates. Utility is the owner/operator, public or private, of any underground or overhead line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electricity, power, heat, gas, oil, petroleum products, potable water, stormwater, steam, sewage and other similar substances. Watercourse is any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or intermittently. Wetlands are a lowland area, such as a marsh that is saturated with moisture, as defined by the United States Army Corps of Engineers. (c) General provisions. (1) Except as herein provided or exempted by the City Engineer and/or enforcement agency, this section shall apply to all non-stormwater discharges and connections to the MS4 owned and operated by the city. (2) The City Engineer and/or enforcement agency shall administer, implement, and enforce the provisions of this section. (3) This section shall be construed to insure consistency with requirements of the Clean Water Act, the City of Paducah KPDES Stormwater Permit, and acts amendatory thereof or any other applicable regulations. (4) The standards and requirements set forth herein and promulgated pursuant to this section are minimum standards. This section does not intend nor imply that compliance by any person, company, developer, or any other entity will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into the MS4. (d) Prohibition of discharges and declaration of nuisance; exceptions. (1) No person, company, developer or any other entity shall discharge or cause to be discharged into the MS4 any pollutants including but not limited to hazardous materials or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any illicit discharge is prohibited. IN (2) This section does not apply to the following categories of non-stormwater discharges or flows, unless the City Engineer and/or enforcement agency of the regulated MS4 identifies them as significant contributors of pollutants to its MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharge from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water. (3) The prohibition of discharges .or flows shall not apply to any non-stormwater discharges permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the Kentucky Division of Water under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (4) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition includes without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practice applicable at the time of connection. (e) Rules and regulations. (1) Compliance by elimination of illicit discharges. Notwithstanding the requirements of subsection (d) herein, the City Engineer and/or enforcement agency may require by written notice that the person, property owner, occupant, tenant, lessor, lessee, or agency (hereinafter referred to as "party") responsible for an illicit discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. The elimination of an illicit discharge within three days after receipt of notice of violation from the city shall be considered compliance with the provisions of this article and no further action shall be taken. Written permission given to the City Engineer and/or enforcement agency for the removal of the illicit discharge and/or illicit discharge sources on the premises on which it is located shall be considered compliance with the provisions of this section and no further action shall be taken against the party, except for the collection of all costs, expenses and/or charges for the removal of the nuisance. (2) Monitor and analyze. The City Engineer and/or enforcement agency may require by written notice a requirement that any party engaged in any activity and/or owning or operating any property or facility which has been determined to contribute to stormwater pollution, illicit discharges, and/or non-stormwater discharges to the MS4 to undertake at said party's expense such monitoring and analyses and furnish such reports to the City Engineer and/or enforcement agency as deemed necessary to determine compliance with this section. (3) Notification of spills. Notwithstanding other requirements of local, state and federal law, as soon as any party responsible for a property, facility or operation, or responsible for emergency response for a property, facility or operation, has information of any known or suspected release of pollutants or hazardous materials which are resulting or may result in illegal discharges to the MS4, said party shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said party shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non -hazardous materials to the MS4, said party shall notify City Engineer and/or enforcement agency in person or by phone or facsimile no later than 2:00 p.m. of the next business day. Notifications shall be confirmed by written notice addressed and mailed to the City Engineer and/or enforcement agency within three business days of the original notice. (f) Inspection, monitoring, and remediation. (1) Right of entry and inspection. Whenever the City Engineer and/or enforcement agency has cause to believe that there exists, or potentially exists, any condition which constitutes a violation of this section, the City Engineer and/or enforcement agency may enter the believed violating premises served by the MS4 at all reasonable times to inspect the same. (2) Urgency abatement. The City Engineer and/or enforcement agency is authorized to require immediate abatement of any violation of this section that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the City Engineer and/or enforcement agency the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. (3) Sampling devices and testing. During any inspection as provided herein, the City Engineer and/or enforcement agency may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. The cost of all testing may be passed on to the party, owner or operator of the premises where the illicit discharge emanates. (g) Section supplemental to other regulations. 19 (1) This section is not the exclusive regulation pertaining to illicit discharges and the city's storm sewer systems (MS4). Illicit discharges are hereby declared to be a public nuisance and unlawful as set out in subsection (d) above. The provisions of this section are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or any other legal entity or agency having jurisdiction. (2) The provisions of this section shall be deemed cumulative of the provisions and regulations contained in this Code, save and except that, where the provisions of this section and the sections hereunder are in conflict with the provisions elsewhere in this Code, then the provisions contained herein shall prevail. (3) Acts potentially resulting in a violation of the Federal Clean Water Act. Any person who violates any provision of this section or any provision of any permit issued by the city may also be in violation of the Clean Water Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this section may also include written notice to the party of such potential liability. (Ord. No. 2005-12-7063, § 2, 12-20-05) Secs. 42-53--42-59. Reserved. Sec. 42-60. Petition for reduction, wavier and release. (a) After an order from the Nuisance Code Enforcement Board has become final and not appealable, a petition may be initiated to facilitate a real estate sales transaction by the filing of a petition with the Nuisance Code Enforcement Board for the reduction or waiver of citations, fines, charges, or fees levied by the Nuisance Code Enforcement Board. Only the civil fines levied pursuant to section 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. (b) A petition 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 waiver of citations, fines, charges, or fees requested and/or any liens to be released; (3) A statement setting forth the reasons why the Nuisance Code Enforcement Board should consider an appeal and waiver; (4) A computation of all monies owed to the City of Paducah 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 of Paducah except for the amounts to be reduced or waived shall be tendered with the petition. (5) The name of the person that shall be purchasing the real property in question. (c) The petition and all accompanying materials shall be presented to the Nuisance Code Enforcement Board at their next regularly scheduled meeting. No special or called meeting of the Nuisance Code Enforcement Board is specifically required by this ordinance. (d) The Nuisance Code Enforcement Board shall consider each petition presented and render a determination as to whether or not the petition shall be granted or denied. 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 Nuisance Code Enforcement Board. (e) The Nuisance Code Enforcement Board shall conduct its hearing in regard to any petition in the same manner as outlined by section 42-41 of this Code. (Ord. No. 2006-4-7105, § 4, 4-18-06) Secs. 42-61--42-75. Reserved. Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. - Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. 20 Section 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: jz�n��01'4%l.�'j Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, June 14, 2011 Adopted by the Board of Commissioners, June 28, 2011 Recorded by Tammara S. Brock, City Clerk, June 28, 2011 Published by The Paducah Sun, July 4, 2011 /ord/42 Amend Nuisance (00136992) 21