Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2012-6-7928
149167 CITY OF PADUCAH ORDINANCE NO.2012 —6--7928 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, ESTABLISHING A NEW DIVISION WITHIN THE FIRE DEPARTMENT TO BE KNOWN AS THE FIRE PREVENTION DIVISION AND ABOLISHING THE DEPARTMENT OF INSPECTION WHEREAS, it is the desire and intent of the Commission that all duties, functions, and responsibilities of the Department of Inspection be incorporated into and become the responsibility of a new division of the Fire Department to be known as the Fire Prevention Division; and WHEREAS, it is the further desire and intent of the Commission to abolish Chapter 19, "Residential Rental Occupancy Permits of the Paducah Code of Ordinances and create new Chapter 42, Article II, Sections 42-61 to 42-83 to incorporate the sections formerly known as Chapter 19, "Residential Rental Occupancy Permits" and amend and restate the following described Chapters of the Paducah Code of Ordinances so as to incorporate this reorganization in a meaningful and cogent manner: Chapter 2, Article V, Divisions 1 and 5; Chapter 18; Chapter 42, Article II, Sections 42-31 through 42-46 and Section 60; and Chapter 46, Articles I and II. NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Chapter 2, Article V, Section 2-211 is hereby amended to read as follows: Sec. 2-211. - Establishment. The following departments of the city are hereby established under the direction and supervision of the city manager: Administrative. Finance. Personnel Police. Fire. Public Works. Engineering. Parks Services. Planning. InspeErs. SECTION 2. That Chapter 2, Article V, Division 5 is hereby amended to read as follows: Sec. 2-301. - Chief. The Chief of the Fire Department shall be the director and active executive head of the Department and all employees shall be subject to his supervision and control, but during his absence from the city or his inability to perform the duties of his office the Deputy Chief, j„ Assistant Chief, or Battalion Chief of the Fire Department shall have supervision and control of the Department. Sec. 2-301.5 The chief of the Fire Department shall have the responsibility for administering and implementing duties associated with the divisions of administration, suppression, fire prevention, and training. 1 Sec. 2-302. - Captains. All Captains in the Fire Department shall have and retain the same rank and shall be responsible to the Chief of the Fire Department for the proper conduct and performance of the duties of the firefighters at the stations to which they are assigned. Sec. 2-303. - Duties of members; leaving station while on duty. (a) (b) Duties. (1) (2) The Chief of the Fire Department shall designate duties to members of the Department so as to produce the greatest efficiency in the service, and'his orders in such matters shall be explicitly complied with. Subject to the approval of the Chief of the Department or his authorized designee, members of the Department may exchange duty with each other on a voluntary basis in instances including, but not limited to, situations where a member has depleted his sick time and vacation allowances and continues to be unable to return to duty, attendance at professional or union conferences and schools, and in other situations where the member's absence could not otherwise be compensated. Work back and exchange of duties as provided for herein shall in no way result in credit for extra compensation for the one performing the duty in the form of overtime, or other provisions for increased pay. Leaving station while on duty. No member of the Fire Department shall leave his station while on duty without the consent of his superior officer. Sec. 2-304. - Residency requirements. All members of the Fire Department hired after October 1, 1988, shall reside within McCracken County or within 45 minutes of Station 4 as measured by a recognized mapping program, i.e., Mapguest, Google Maps, etc. a 15 mile air Fadius of the Ciro De pa FtFn r++ Headqua,iers Coro Station #1, as a condition of their continued employment within the Fire Department of the city. Sec. 2-305. - Command at scene of fire. The Captain of the first Fire Department company arriving at a fire shall be in charge until the arrival of the Chief of the Department or ana Deputy Chief, Assistant Chief, or Battalion Chief. In the absence of the Chief, the ^gni anv Chief Officer at the scene shall assume the duties of the Chief. The Captain of each company shall lead, direct and continue with his company for the duration of the fire, or until the fire is extinguished, or until relieved by his superior. Sec. 2-306. - Use of automotive equipment. No member shall use the automotive equipment of the Fire Department except in the performance of duty, and no member shall drive the equipment at a speed in excess of the prescribed rate. Each member shall strictly observe all traffic laws, ordinances and regulations of the city, except in answering alarms, and then shall use utmost diligence in the handling of the equipment. Each member using automotive equipment shall use every precaution to preserve the same in good order and good appearance. Sec. 2-307. - Number, rank and salaries of members in the Suppression Division; additional compensation. (a) (b) The number and rank of members of the Fire Department of the city and the salary of each position that shall be paid upon satisfactory completion of consecutive years of service in the Fire Department shall be as established by ordinance. The schedule of such salaries and positions shall be on file with the City Clerk. 2 (c) (d) In the event employees of the Fire Department act in a position of responsibility higher than the position the employee holds, and the temporary assignment is to be for greater than 10 consecutive 24 hour shifts (excluding unscheduled overtime), then the wage rate of the employee will be adjusted according FesPGRSibillty is at least six hours dwi:iRg aRy work 6hm#, the empleyee shall be GGmpensated iR to such amounts as established by ordinance. Such compensation shall be paid for any condition creating an absence within a position for which the acting officers are required to serve, including vacancy within the position, illness, vacations and holiday times, acting in another position, or temporary additional assignments. Such compensation shall not be paid for assignments resulting from members taking aGGUrnulated time, -operating on work -back provisions, attending school or seminars, or for any other reason than stated above. Acting pay shall be accounted for by the Assistant Fire Chiefs, and payment shall be made in a manner corresponding with the actual dates working in said acting position.annually eR the last payGheGk ;n the ,,.,lendar .,,,.,r Acting pay shall be subject to all payroll deductions. Captains, Lieutenants and firefighters shall be paid the established hourly rates during each weekly period beginning on Monday and ending on Sunday for the first 40 hours of duty, and at 1 %2 times said hourly rates for each duty hour in excess of 40. A firefighter who is regularly assigned as a relief driver by the Chief of the Fire Department, after approval by the City Manager, shall for this assignment receive additional compensation in an amount as established by ordinance. Sec. 2-308. - Uniforms. (a) (b) (c) While on duty, all officers and personnel will be required to wear the uniform prescribed by the chief of the department. When off duty, the uniform may be worn, but in no instance while on or off duty will part of the uniform be permitted. All new members of the fire department shall be entitled to an additional clothing allowance as established by municipal order of the city. In the event the member does not remain an employee in the department for more than 75 calendar days, all uniforms purchased with the initial payment shall be returned to the chief of the department. All members who are required to wear uniforms shall be paid an amount as established by the city's current policies and procedures. Sec. 2-309. - Disposition of rewards, gifts and donations. Any and all rewards, fees, gifts and donations paid or given on account of extraordinary or meritorious service by members of the Fire Department shall be delivered to the Fire Chief, who shall forthwith turn the same over to the Treasurer of the city to be deposited to the credit of the Police Officers' and Firefighters' Pension Fund. Sec. 2-311. - Grievance procedure. There is hereby established a grievance procedure for members of the Fire Department who have a complaint arising out of their employment. (1) A complaint shall be filed within three days after knowledge of its occurrence. The complaint shall be filed with the Supervising Chief Officer of your respective Division ssmstant rh*ef. The complaint shall be in writing and shall contain a clear, concise statement of the cause of the grievance. The Assistant Ch;*Supervising Chief Officer will attempt to remedy the problem presented and shall answer the grievance not later than the next work -shift following the filing of the grievance. (2) (3) (4) (5) (6) Any party not satisfied by the decision of the Assistant ChiefSupervising Chief Officer may appeal to the Chief of the Department within two days following the receipt of the answer by the Assistant C"riefSupervising Chief Officer. The appeal shall be in writing and contain a statement of the reason for the appeal and have attached thereto a copy of the original grievance together with a copy of the decision of the ss;staRt ChiefSupervising Chief Officer. The Chief of the Department shall thereupon investigate the problem and render a decision within three days from the date the appeal is filed. Any party aggrieved by the decision of the Chief of the Department or who is not satisfied with the decision may appeal the complaint and decision to the City Manager. All written matter of record in the case shall be forwarded to the City Manager within three days following the decision by the Chief, and the City Manager shall render his opinion in the case within five days after receipt of the appeal. The decision of the City Manager may be appealed by any aggrieved party to the Board of Commissioners. All written matter in the case shall be forwarded to the City Clerk, who shall make all records available to the Commission. The appeal shall be in writing and shall contain a clear and concise statement of the issues to be presented to and heard by the Board. The Board shall set a time for hearing the grievance at its earliest convenience and without any undue delay. The decision of the Board shall be final and binding, except for any judicial review which might otherwise be provided for by law. For any hearing before the Board of Commissioners, any party to the action may request the summoning of witnesses. During all prior proceedings, the party before whom the grievance is pending shall determine what witnesses and what evidence shall be presented. The complainant, however, may be represented during any step in this grievance procedure by himself, by an attorney-at-law, or by the president, vice-president or any steward of any organization recognized as representing the members of the Fire Department. When so designated by the member -complainant, the individual or board hearing the complaint shall recognize the said president, vice- president or steward as a representative of the member. Whenever a hearing is conducted at a time when the complainant or his representative is on duty, a special leave of absence shall be granted to provide for attendance at the hearing without loss of any pay. In the calculation of all time limits stated herein, all Saturdays, Sundays and holidays shall be excluded, and the time for filing on the final day shall be not later than 5:00 p.m., current time. Sec. 2-312. - Report of neglect of duty. It shall be the duty of the Chief of the Fire Department to report, in writing, to the Board of Commissioners, any failure, neglect or refusal on the part of any member of the Fire Department to use his. best endeavor to enforce laws, perform his duties and report violations of law to the Chief. Sec. 2-313. - Dismissal, suspension or demotion of members. (a) L� Grounds. (1) In addition to the causes for dismissal, suspension and demotion provided by law, all members of the Fire Department shall be subject to demotion, suspension and dismissal for any of the following causes: 4 a Drinking beer, wine, whiskey or any other alcoholic or intoxicating liquor while on duty or while wearing any part of his uniform. rel Being intoxicated either on or off duty. C. Insubordination or disrespect to the City Manager, the Mayor, any member of the Board of Commissioners, or to any superior officer or employee, or refusal or failure to obey or execute any command or order given by a superior officer. d. e. f. a h. k. M. jo W Loitering while on duty or while wearing his uniform. Conviction in any court of a felony Attempting to in any way influence any person's vote in any election, or interfering with or obstructing the holding of any election or registration of voters. Allowing as many as three orders of attachment or garnishes against his salary or wages for just debts. Cowardice, inefficiency or neglect in the performance of duty, or disobedience of lawful orders of a superior officer. Such mental, physical or educational incapacity or disability as renders him incapable of properly performing his duty. Abandonment of, without just cause, or failure to support his family. Any immoral habits, lascivious or improper conduct not herein enumerated which would render him an unfit or improper person for employment in the Fire Department, or which would in any way tend to bring discredit or criticism to the Fire Department, the city government or any of its employees. The acceptance of any gift or contribution of any kind from any person which may be calculated to place such member of the Fire Department under obligation to the contributor or anyone else. Entering any disorderly house except in the discharge of duty. Using indecent, profane or obscene language while on duty or while wearing any part of his uniform. 5 (b) (c) (2) a r. Impoliteness or rudeness in dealing with the public or in the performance of duty. Slovenliness or untidiness in his person or uniform or failure to wear the prescribed uniform while on duty. Being absent from duty without proper permission. Engaging in disputes or quarrels with another employee or member of the Department while either or any of them are on or off duty, or using any indecent, obscene or profane names or language in addressing any officer of the Department or other person. Any member of the Fire Department who shall, on a hearing, be found guilty of charges for violation of the rules and regulations prescribed in subsection (a)(1) shall be demoted, suspended or dismissed from the service in the discretion of the Board of Commissioners. (Code 1968, § 12-35) Demotion. When a member of the Fire Department is demoted by the Board of Commissioners from one grade or classification to a lower grade or classification, he shall have the same status as one appointed or promoted to such lower grade. A demoted member shall be advised as to his position for future advancement and of the duties for which he is qualified. His position for future promotion shall also be made known to all members within the rank to which he has been demoted. (Code 1968, § 12-36) Suspension. A suspended member of the Fire Department shall receive no pay during the time of his suspension unless he is acquitted of the charge or charges against him, and if so acquitted he may be allowed pay for the time so suspended by order of the Board of Commissioners. (Code 1968, § 12-37) Sec. 2-314. - Firefighter recruitment and selection standards. The Firefighter Candidate Recruitment Qualifications and Selection Procedure Manual, a copy of which is on file with the City Clerk, shall be a part of this Code of Ordinances to the same effect as if set out in full herein. Sec. 2-315. - Firefighter training and qualifications; appointee probationary period. (a) (b) EMT certification. (1) Any person employed on a permanent basis as a firefighter in the Paducah Fire Department shall within a period of 24 months complete the required course and become certified as an Emergency Medical Technician (EMT) through the Commonwealth of Kentucky Department of Human Resources. Further, all firefighters so employed shall keep their EMT certification current at all times and participate in continuing EMT education and training programs. Failure to maintain EMT certification, with absence of good cause, shall be grounds for discipline or dismissal pursuant to KRS 95.450. Qualifications for employment. No person shall be employed as an appointee for employment as a firefighter in the Fire Department who does not possess the following qualifications and comply with the following requirements: (c) (1) They must be able to read, write and understand the English language and must be a high school graduate or hold a certificate of high school equivalence issued on the basis of a successful completion of the General Educational Development Test administered and approved under the supervision of the United States Armed Forces Institute, or a recognized institute of higher learning, or the state. (2) They must be at least 21 years of age. (3) (4) (5) (6) They must be a person of sobriety and integrity who at all times has been an orderly law-abiding citizen. They must be able to identify the colors of red, green and yellow. They must have standard visual acuity, without correction, not less than 20/40 in one eye, and 20/100 in the other eye; and, with correction, not less than 20/20 in one eye, and 20/40 in the other eye. They must have a valid driver's license. The firefighter candidate recruit qualifications and selection procedure manual, a copy of which is on file with the City Clerk, shall be a part of this Code of Ordinances to the same effect as if set out in full herein. Probationary period. (1) All appointments to the Fire Department shall be for a probationary period of one year from the completion of the initial training period of 13 weeks to 20 weeks (based on a 40 hour work week). The initial training period shall not exceed 20 weeks. During this time appointees shall be paid the hourly wage as established by ordinance at the same time other regular firefighter wages are paid. Upon completion of the initial training period the Fire Chief shall assign the appointee to a regular platoon, working 24 hours on duty and 48 hours off duty and paid the hourly wage by ordinance at the same time other regular firefighter wages are paid. Until the probationary period has elapsed, the appointment shall be conditional. At anytime during this probationary period, the appointee may be summarily removed by the Board of Commissioners of the city. During this probationary period the appointee shall not be entitled to the grievance procedure of KRS 95.450. At such time the appointee may have successfully completed the probationary period they shall become a member of the Fire Department and entitled to the procedures of KRS 95.450. (2) Until the one year probationary period has elapsed, the appointment shall be conditional. As such, the appointee shall not be entitled to the discipline procedures of KRS 95.450. At any time during the appointee's probationary period, he may be summarily removed by the Board of Commissioners of the city. (d) Additional training. After the completion of the above requirements, each member shall engage in all training needed to meet state requirements. (e) 7 Supervision of training program. The training program provided for in subsection (c)(1) and (2), and (d) of this section shall be under the direction and supervision of the Chief of the Fire Department, subject to any rules and regulations adopted by the Board of Commissioners, and each person employed as an appointee for employment as a firefighter shall participate therein and shall perform such duties as may be assigned to him by such Chief. SECTION 3. That Chapter 18 is hereby amended to read as follows: Sec. 18-1. -Fire Prevention Division. H There is hereby created a division of the Fire Department headed by the Fire Chief to be known as the Fire Prevention Division. The Fire Prevention Division shall have the responsibility for Fire Prevention under Chapter 46 and Building Electrical Construction, Demolition, Code Enforcement and Rental Occupancy Permits under Cbgpter 42 As a part of those duties the Fire Prevention Division shall have the responsibility for: M The issuance of permits; Building and construction inspection; Electrical inspection; Codes enforcement housing zoning, building, electrical, etc.; Maintenance of city records for all construction and property improvement within the city or its jurisdiction; Such other duties functions and responsibilities as may be later delegated by the Fire Chief. Sec. .18-4. - Stockyards. (a) (b) I A The Fire Prevention Division shall not issue any building permit for the erection of any stockyard within the city limits, unless the plans for the construction of the same have been submitted to and approved by the Board of Commissioners. 1) Any structure constructed under the provisions of any building permit issued under authority granted by the Board of Commissioners pursuant to subsection (a) above shall not be considered, deemed or declared to be a nuisance except by order or judgment of a court of competent jurisdiction. 91 Sec. 18-5. - Occupancy of uninhabitable buildings; termination of utility service. (a) (b) (c) In the event, the Fire Chief or his designee GityFir,e Marshal shall issue a notice of violation together with an order to vacate against any building or structure, any resident or occupant thereof shall immediately vacate such building or structure in conformance with the order to vacate, and no resident or occupant shall thereafter occupy such building or structure until such time that the order to vacate has been rescinded. Additionally, in such event, the Fire Chief or his desi , nc�ee^'fi. Building and E!e GtFinnl Inc peGtGF Or Gity Coro Marshal shall have the authority to issue an order of disconnect all utilities (_gas, water, power, sewer, telephone, cable M o„d,,, ah Water Works and/er Pad Gah Pl weF System , and, upon receipt of such order, the utility company shall disconnect service to the building or structure. Such service shall remain disconnected for so long as the order to vacate remains in force and effect. It shall be unlawful for any person to occupy a building or structure which is subject to an order to vacate. In the event any person continues to occupy a building or structure which is subject to an order to vacate, the Fire Chief or his designee s+ty is authorized to obtain a court order which shall order the forceful removal of such occupant from such building or structure. It shall be unlawful for any owner of a building or structure to knowingly permit any person to occupy a building or structure which is subject to an order to vacate. Additionally, such owner shall also secure the building or structure so as to prevent any unauthorized person from occupying the building or structure. Sec. 18-31. - Building, energy conservation, mechanical code, and residential code adopted; applicability of building code. (a) (b) (c) The 2007 edition of the Kentucky Building Code, the International Basic Mechanical Code, 2006 edition; and the International Basic Energy Conservation Code, 2006 edition; and all subsequent editions of these codes and any amendments as adopted by Kentucky Board of Housing. Buildings and Construction are hereby adopted by reference and made a part of this Code as if fully set forth herein. The Kentucky Building Code is hereby made applicable to all buildings within the city, excluding one- and two-family dwellings. The 2007 Kentucky Residential Code is hereby made applicable to all one and two- family dwellings and normally accepted accessory structures. Sec. 18-33. - Fire prevention code. For provisions concerning the adoption of the Kentucky Standards of Safety (Fire Prevention Code) by the city, see Chapter 46, Article 11, Sections 46-30.5 through 46-34sn�s 46 31 thmugh Sec. 18-35. - Electrical code adopted. F] - . --- ,, �.. 1 � � - �—r —,— -—,,--,--... _..dam, I+1111 11 —11 , - .......... The 2005 National Electrical Code, as prepared by the National Fire Protection Association and as amended from time to time, and all subsequent editions of this code, are hereby adopted by reference and made a part of the public records of the city by this section. Sec. 18-61. - Issuance of permits; permit fees. (a) (b) (c) The Building and/or Electrical Inspector shall, upon theirhi-s approval of plans and specifications for buildings and structures and components therein, in accordance with the provisions of the building and electrical codes adopted by this chapter and all laws and ordinances relating to the same subject matter, issue a permit required by said building and electrical codes to the applicant therefor upon the payment to the city of the fees set forth in subsection (d) hereof based upon the value of construction, alteration or repair of the building or structure, less the contract price of the electrical contract as determined in subsection (b) hereof. A credit against the fee shall be given for the fee paid for plan review under section 18-62 when said plan review fee is paid on the building for which the building permit is issued. For making electrical inspections as provided in this chapter, there shall be a charge for electrical contractors, where the contract price can be determined and verified, as set forth in subsection (d) hereof, based on the electrical contract. For all other electrical inspections, the fees shall be charged as set forth in subsection (e) hereof. The Fire Prevention Division,130ding and EleGtFiGal inspeGtGF shall issue permits for the demolition, wrecking, razing or moving of buildings or other structures, as required by the codes adopted by the City uildiegeede, when the applicant therefor has complied with provisions of the codes adopted by the City ander-cede-arid the stall Ards of safe+„ adopted by this Code and all laws and ordinances relating to the same subject matter, and has paid to the city a fee of $50.00. All demolition permits shall expire at the end of 60 days. All applicants for a demolition permit shall provide the Fire Prevention Division a site at which all nonsalvageable materials will be dumped. A certificate of liability insurance in the minimum amount of $100,000.00 combined single limit for personal injury and property damage shall be required when the building being demolished is within five feet of any building owned by another person. All demolitions shall be taken to grade and slabs removed, covered with dirt, seeded and fertilized, except as hereinafter provided. If the slab is touching a party wall, the owner may, instead of removing the slab, provide a solid screening barrier of appropriate size approved by the Fire Prevention Division, .,+ eas oinh+ fno+ +ell along the portions of the property adjoining rights-of-way. A sewer disconnect permit shall be obtained from the Paducah McCracken County Joint Sewer Agency to cap or plug all sewer connections. All sewer connections related to a permitted demolition shall be properly plugged and inspected by a qualified ro►nrocontati.vo of the Gty— he Fire Prevention Division prior to abandonment. (d) �D Subject to the minimum fees set out in subsection (e) below: (1) (2) If the value is less than $3,000.00, the fee shall be $20.00. 10 (Ee) If the value is more than $3,000.00, the fee shall be $20.00 for the first $3,000.00, plus $4.00 for each additional $1,000.00 or fractional part thereof, up to and including $100,000.00. (3) If the value is more than $100,000.00, up to and including $500,000.00, the fee shall be $408.00 plus $3.00 for each additional $1,000.00, up to and including $500,000.00. (4) (5) If the value is more than $500,000.00, up to and including $10,000,000.00, the fee shall be $1,608.00 plus $1.00 for each $1,000.00, up to and including $10,000,000.00. If the value is more than $10,000.000.00, the fee shall be $11,108.00 plus $0.50 for each $1,000.00 thereafter. The minimum fee for all electrical inspections shall be: (1) (2) (3) (4) (5) (6) (7) Call-back inspections and all others, per trip: $15.00. Single-family units, two inspections: $60.00. Multi -family units, up to eight units, two inspections per unit: $50.00 per unit. Temporary wiring as provided elsewhere in this chapter, for lights and power, which is not a power company temporary, or provided for in subsection (d) herein: $20.00. For each additional inspection trip required to be made due to permittee's failure to comply with all electrical codes and standards of safety, each trip: $15.00. For all work performed on Sundays, holidays and after regular working hours, at the request of the permittee, all fees heretofore numerated shall be doubled. The Fire Chief or his designeeQWdif . eeteF is hereby authorized to and shall have the responsibility for setting a reasonable inspection fee for any wiring, device, apparatus, appliance or equipment which is not specifically covered herein. 11 (f) In the event that any construction, razing or moving of any building or structure is commenced before a permit is issued for the same by the Fire Prevention DivisionBuilding and F=!eGtrinol InspeGtnr a penalty shall be charged for the issuance of a permit in addition to the regular fee, which penalty shall be as required by Kentucky Building and Residential Code. Sec. 18-62. - Fees for examination and approval of plans. (a) The Fire Prevention Division , upon application being made for approval or disapproval of plans and specifications for buildings in accordance with the Kentucky Building Code and all other laws and ordinances relating thereto, shall collect a fee for the city as follows: (1) New construction plan review fees. a. New construction plan review fees for the City of Paducah will be based on one tenth of one percent or 0.001 of the cost of construction per square foot. The costs per square foot for occupational uses are: Per Square Foot Residential .....$20.00 Assembly occupancies: , Nightclubs/restaurants .....35.00 All other assembly .....30.00 Educational .....20.00 Day care centers .....20.00 Business .....20.00 Mercantile .....20.00 Industrial factories .....20.00 Warehouses .....11.00 �l Institutional .....25.00 Frozen food plants .....20.00 High hazard .....30.00 All other nonresidential .....20.00 91 12 (b) (2) C. M e. For additions to existing buildings that will not involve a change of use for the entire building, or result in any other situation which would require the entire building to conform to the Kentucky Building Code, then only the cost of the additional square footage will be used to calculate the fee. For an existing building that will result in a change of use or occupancy, the rate will be based upon the new occupancy use and the total square footage for the entire building or structure will be used to calculate the fee. For any alterations or repairs as set out in article 1, section 1, paragraph (9), article 1, section 4, and article 1, section 6 of the Kentucky Building Code, a fee will be charged. The owner or his representative will submit the contractor's costs and the 0.001 multiplier will be applied to that figure to determine the fee. Plan review and inspection fees will be included with plans at the time of submission for approval. The Building and/or Electrical Inspector will check all plans prior to review to ensure that the proper fees have been paid. Automatic sprinkler review fee and all other fire protection devices. FO The fee for the sprinkler review is based on the number of sprinkler heads in the system and the same as Kentucky Building Code. All approval of plans for commencement of construction shall expire at the expiration of one year six months after the date of approval unless a building permit is obtained under section 18-61 Sec. 18-63. - Inspection fees. (a) The Fire Prevention Division B iildiRg and QeGtriGal lRspeGteF shall provide inspections for compliance with the city's housing code and the building, electrical and gas installation codes adopted by the city, and, whenever the inspections are made for issuing a certificate of occupancy or compliance, whether for new or old construction, except new construction in which compliance with plans and specifications only is sought for which other fees are to be paid, the Inspector shall collect a fee of $25.00 for inspection of buildings up to 2,000 square feet of floor space, plus $10.00 for any portion of the next 2,000 square feet of floor area, and $5.00 for each additional 2,000 square feet of area or any part thereof, for the inspection and certificate. (b) 13 (c) In the event of the finding of noncompliance, the Inspector shall collect a fee of $10.00 for each reexamination plus $1.00 for each item to be reexamined in excess of one. No certificate so issued shall be construed as a guarantee against any defects, faulty material or workmanship or any hazard which may exist on the inspected property, nor shall any certification be a guarantee against future noncompliance with any code when a change in condition or adoption of a stricter code subsequently occurs. Inspectors employed by the city or agencies of the city to make inspections in federally assisted project areas are hereby authorized to provide inspections for compliance with the city's housing code and the building, electrical and gas installation codes within the project areas; provided, however, that any inspectors performing services relating to any specific code must be adequately qualified and where required must possess any necessary certificates or licenses as may otherwise be required of the -Building and/or Electrical Inspectors of the city. Any inspectors employed for service in such federally assisted project areas shall be responsible for coordinating their activities with the Deputy Chief/Fire Marshal of the Fire Prevention Division-,�� �ect !ce! !^sp...-... and to assist in seeing that all improvements and alterations are properly permitted and generally that all applicable provisions of this Code and any other ordinances of the city and statutes of the Commonwealth of Kentucky are complied with. Sec. 18-64. - Liability insurance required for house moving. (a) (b) Any person applying for a permit to use the streets, alleys and other public ways of the city for the purpose of moving buildings or other structures thereon, which permit is required by the building code, shall obtain and file with the Fire Prevention Division ' , and continue to keep in force until they BuildiRg and EIeGtFiGaI IRSPeGtGF have furnished the Fire Prevention Divisionsity-[34� Inspecter with certification in writing that such moving work has been completed, a liability insurance policy conditioned for the benefit of persons suffering injury, loss or damage to their persons or property resulting from any negligence in connection with the use of the streets, alleys and other public ways for the purpose of moving buildings or other structures thereon, or as a result of the negligence of the city, its officers, agents or employees, and such policy shall protect the city against any liability which may be imposed by law upon it by reason of the use of the streets, alleys or other public ways for that purpose. Such policy shall be in the sum of not less than $100,000.00 for the injury or death of any one person, not less than $300,000.00 for the injury or death of all persons affected by any one accident, and not less than $50,000.00 for the benefit of any person who may suffer property damage in any one accident resulting from the use of streets, alleys and other public ways for the purpose of moving buildings or other structures thereon. The policy of insurance shall, as to the form thereof and the solvency of the insurance eempany, becampany is subject to the approval of the Gity Building IRspe Fire Prevention Division. The Deputy Chief/Fire Marshal of the Fire Prevention Division Gity Building InspeGtef is authorized and empowered to surrender for cancellation such liability policy after he has determined that the moving of the building or other structure for which the permit is granted has been completed. In addition to the above mentioned insurance, no permit to use the streets, alleys and public ways of the city for the purpose of moving buildings or other structures thereon 14 will be issued until the applicant provides a bond on an insurance company licensed to do business in the State of Kentucky, in favor of the city, protecting the city from damage to the streets, alleys and other public ways including but not limited to traffic - control devices, in the penal sum of $100,000.00. Sec. 18-65. - Collection and disposition of fees. It shall be the duty of the Fire Prevention Division to _ collect the fees prescribed in this chapter and to promptly remit to the Finance Director the amounts collected by him, and the amount of such fees shall be paid into and become a part of the general fund. Sec. 18-90. — Chief Electrical Inspector and Deputy Electrical Inspector (a) The Chief Electrical Inspector shall administer and enforce all of the provisions of the electrical code adopted by section 18-35 or the electrical code in effect at the time wiring is done or electrical appliances are installed and he shall further enforce all rules and reaulations of the power companv servicina the citv pertainina to the installation of electrical services. qua In the event of the Chief Electrical Inspector's absence from the citv or his inabilitv to serve, the Fire Chief shall designate and appoint another employee of the city to act as Interim Chief Electrical Inspector during his absence or disability, and such Interim Chief Electrical Inspector. in such event. shall have the same powers and perform the same duties as the Chief Electrical Inspector. (c) They shall receive applications for electrical permits required by the electrical code, issue such permits and furnish the prescribed certificates. They shall examine premises for which permits have been issued and make all inspections necessary to see that the provisions of law are complied with and that construction is prosecuted safely_ The Electrical Inspectors shall be generally informed on the quality of materials, on the prevailing methods of electrical wiring, and on good practice in fire prevention. They shall be in good health, physically capable of making the necessary examinations and inspections of buildings in course of construction. They shall not have any interest whatever, directly or indirectly. in the sale or manufacture of anv material. process or device enterina into or used in or in connection with building construction. Sec. 18-91. - Metallic tubing or rigid conduit required in business buildings. All wiring shall be installed in electrical metallic tubing or rigid conduit in the city in all business buildings; provided, however, such tubing or conduit shall not be required if the Building and Electrical Inspector finds that other wiring methods will not create a hazard and authorizes the use of such other wiring methods in writing. Sec. 18-92. - Inspection and approval of new installations. It shall be unlawful for any person to conceal electrical wiring until after such wiring has been inspected by the Electrical Inspector and a certificate of approval issued. It shall be unlawful for any electric light or power company to connect with or furnish current to any electrical installation within the corporate limits of the city until after such electrical installation has been inspected and a certificate of approval and acceptance issued. 15 - -- F -,7r --- --- -a-, ---.�- Sec. 18-93. - Disconnection of service because of defects in wiring. (a) (b) (c) Authority to order disconnection. (1) (2) The Building and Electrical Inspector of the city is hereby empowered to order a discontinuance of electrical power to any building or structure within the city when the wiring or any portion thereof is found to be in violation of the National Electrical Code and/or the electrical code ordinances of the city when said violations constitute an immediate hazard to life or property. The Building Rd Electrical Inspector shall serve on the electrical power company a written order stating the address and location to which the power is to be discontinued, and the power shall not be reconnected until approved by the Building and Electrical Inspector. Appeals. (1) (2) Any party aggrieved hereby may appeal the decision of the Building and Electrical Inspector to the Electrical Appeals Board within 24 hours of the receipt of written notification of the intention to discontinue electrical service. The Electrical Appeals Board shall meet within 24 hours, excluding Saturdays and Sundays, after receipt of a written appeal. The Electrical Appeals Board shall make a decision, upholding the decision of the Building and Electrical Inspector or overruling him, within 24 hours. Either party may appeal the decision of the Electrical Appeals Board to the Kentucky Board of Housing, Building and Construction. The electrical power company shall not discontinue service until all appeals are exhausted. Reconnection. In the event electric service has been disconnected or discontinued in any building or structure because of any defects therein necessitating a rewiring of such building or structure or the replacing of any material part of the wiring therein, a certificate of inspection shall be secured from the Building and Electrical Inspector before service is reconnected, but no inspection shall be required nor any certificate of inspection secured in any case where the removal of a meter has resulted from the voluntary discontinuance of service or change of tenants or occupants in a building where the wiring therein has not thereafter been replaced or renewed. Sec. 18-121. = Chief Building Inspector and Deputy Building Inspectors. (a) (b) The Chief Building Inspector shall be charged with the duty of administering and enforcing the previsieRs of this c.".onteF and the building code and the standards of safety adopted by this chapter, as well as the provisions of all laws and ordinances relating to the erection, construction, alteration, addition to, repair of, inspection, wFeGkinn razing, moving and safety of buildings, structures, signs, fire escapes and other protective devices, and shall pass upon all questions relating to the strength and durability of buildings, structures and materials, and shall examine and approve all plans and specifications therefor before any required permit shall be issued. 16 (0) M (1) The � Wltmn Inspentor shall rdeyete has entire tomo to the duties of his position He ...> ............ .y ..vim=---. _..�.. de . ___ ..._ entire _...._ __ the ... �. _..�.. ... ...- position. . .., They shall receive applications for building and wfesk-iRg permits required by the building code, issue such permits and furnish the prescribed certificates. They shall examine premises for which permits have been issued and make all inspections necessary to see that the provisions of law are complied with and that construction is prosecuted safely. The Building Inspectors shall be generally informed on the quality and strength of building materials, on the prevailing methods of building construction, on good practice in fire prevention, and on the accepted requirements for safe exit facilities. Thev shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with building construction. In the event of the Chief Building Inspector's absence from the city or his inability to serve, the Fire Chief shall designate and appoint another employee of the city to act as Interim Chief", ss;star.t Building and EleWE;aI Inspector during his absence or disability, and such Asststa„rinterim Chief Building Inspector, in such event, shall have the same powers and perform the same duties as the Chief Building and Clentrinal Inspector Sec. 18-122.. DenaFtFnen+ of Building, enM+rinals t4Consrur-Ri/m on and erle Cr„ nferneent. TheFe is hereby GFeated a depaFtment to be known as the Department of �7 Building, , GORStFUGtion and Code EnfarGernent-. (7 nsi�ibiIi�$r-, M The issuanne of permits -1 C2-! 17 -, l -- - - - IT (e) (f) (9) A majority of the members of the Appeals Board shall constitute a quorum for all purposes. A decision reached by a majority of the Appeals Board members present at a properly called meeting shall constitute a decision of the entire Board. No local building official or employee of the ,nspeGtien department 4 +ho city shall be appointed to the Appeals Board. No member of the Appeals Board shall hear an appeal in a case in which he has a financial interest. (Code 1968, § 7-25) Any party to a decision by the Fire Prevention Division !RspeGtOOR Department may appeal that decision to the Appeals Board. Upon receipt of an appeal from a qualified party, the Appeals Board shall convene a hearing to consider the appeal within 15 days of receipt of the appeal. All parties to the appeal shall be notified of the time and place of the hearing by letter mailed by certified mail, no later than ten days prior to the date of hearing. The Appeals Board shall render a decision within five working days after the hearing. The Appeals Board may uphold, amend or reverse the decision of the Fire Prevention DivisionInspeGtieRDepartmnn+ and there shall be no appeal from the decision of the Appeals Board other than by appeal to the Kentucky Board of Housing, Buildings, and Construction. Sec. 18-124. - Electrical Appeals Board. (a) (b) (c) (d) (e) i Established. There is hereby created an Electrical Appeals Board of the city. Purpose; powers. 0) (2) The purpose of the Board is to hear appeals from the Inspestien Depa tmen Fire Prevention Division as to the proper application of the electrical code of the city and to administer KRS 227.450-227.500. The Board may adopt any other reasonable regulations to administer KRS 227.450-227.500. Membership; term of office. The Electrical Appeals Board shall be composed of seven members. The Board shall consist of persons in and knowledgeable of the electrical trade and one utility company official. The members shall be appointed for terms of two years. Vacancies. Vacancies shall be filled by appointment by the Mayor, with the approval of the Board of Commissioners. 19 (f) (g) (h) G) (k) Compensation of members. The members of the Board shall serve without compensation. Conflict of interest. No employee of the InspeGtien Department of +ho city shall be appointed to the Board. No member of the Board shall hear an appeal in a case in which he has a financial interest. Quorum and voting. A majority of the members of the Board shall constitute a quorum for all purposes. A decision reached by a majority of the Board members present at a properly called meeting shall constitute a decision of the entire Board. Appeals from decisions of Board. There shall be no appeal from the decision of the Board other than by appeal to the Kentucky Board of Housing, Building and Construction. Calling of hearings. Upon receipt of a written appeal from the party aggrieved by an electrical inspector of the city, the Board shall convene a hearing to consider the appeal within 15 days. Notice of hearings. All parties to the appeal shall be notified of the time and place of the hearing, by letter mailed by certified mail, no later than ten days prior to the date of the hearing. Decisions. The Board shall render a decision within five working days after the hearing. The Board may uphold, amend or reverse the decision of the Electrical Inspector. Sec. 18-125. - Violations. Whenever an Inspector within the Fire Prevention Division has reasonable cause to believe that any person has violated any provision of this chapter or of any code or standards adopted by this chapter, or of any law or ordinance relating to the construction or wrecking of any building or structure, it shall be his duty to cause a warrant to be issued against such person and it shall be his duty to render all possible assistance in the prosecution of such charges. Sec. 18-126. - Penalty. (a) (b) Any person who violates any provision of this chapter or the Uniform State Building Code, or any directive or order issued pursuant thereto, shall be guilty of a civil offense and shall be fined not less than $10.00 PGror more than $1,000.00. Each day the violation continues shall constitute a separate offense. 20 (c) Any person who shall violate any provision of this chapter, other than violations of the building code, for which no other penalty is provided, shall be fined not less than $25.00, nor more than $250.00, or imprisoned for not more than 90 days, or both. Any person violating section 18-5 shall be fined not less than $50.00 and no more than $250.00 for each offense, and each day's violation shall constitute a separate and distinct offense. SECTION 4. That Chapter 19, "Residential Rental Occupancy Permits," is hereby repealed in its entirety and the following new Chapter 42, Article II, Sections 42-61 to 42-82 are hereby adopted in its place. Sec. 42-61 - Purpose and intent. The purpose of this chapter is to protect the public health, safety and general welfare of the people of the city in occupied dwellings by recognizing that the offering for rental of dwelling units is a business and by classifying and regulating such business, the effect of which shall promote the following: u LQ To protect the character and stability of residential areas; To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings; To enforce minimum standards for the maintenance of existing residential buildings, and to thus prevent slums and blight - To preserve the value of land and buildings throughout the city; To protect the public from increased criminal activity which tends to occur in residential areas which are unstable due to dwellings which are blighted or are substandard. It is not the intention of the city to interfere with contractual relationships between tenant and landlord. The city does not intend to intervene as an advocate for either part, or act as arbiter, nor be receptive to unsubstantiated complaints from tenants or landlords which are not specifically and clearly related to the provisions of this chapter. Sec. 42-62. - Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning_ Accessory living quarters. Living quarters within an accessory building, which may not have kitchen facilities. Building. Any structure having enclosed space and a roof for the housing or enclosure of persons, animals or chattels. The word "building" includes the word "structure." Code. Ordinances of the City of Paducah that relate to fitness for habitation, construction, property maintenance, nuisances, occupancy, zoning, and use of any rental residential dwelling unit. This specifically includes the provisions of Chapters 18, 42, 94 and 126 of the Paducah Code of Ordinances. Code Official. Includes the Chief Building Inspector, Deputy Building Inspector(s), Code Enforcement Officers, Fire Marshall, Fire Inspector, and Police Officers. Dwelling, assisted care. A building, or portion thereof, and consisting of five or more bedrooms, used for residential occupancy by a group. The dwelling is characterized by tenants with separate bedrooms for sleeping and that there are shared common areas for reception, 21 recreation living cooking laundry and the like. The unit is further signified by the presence of an employee(s) that provide various services such as housekeeping maintenance cooking, security, l a person _,_„ care and transportation This definition is distinguished from and is intended not to conflict with KRS 100.982 and 100.984. Dwelling multiple. A building or portion thereof, used for occupancy by three or more families living independently of each other and used for rental residential occupancy. Dwelling one -family. A building used for residential occupancy by one family. Dwelling rental. A building or portion thereof, used primarily for rental residential occupancy, including one -family and multiple dwellings, but not including hotels or motels. Dwelling two-family. A building or portion thereof, used for occupancy by two families living independently of each other, and at least one of which is used for rental residential occupancy. Dwelling unit A dwelling, or portion of a dwelling used by one family for cooking living and sleeping purposes. Effective date. The effective date shall be April 1, 2000. Hotel or motel. A building or portion thereof, or group of buildings in which lodging is customarily provided and offered to the public for compensation and which is open to transient guests on a daily basis, in contradistinction to a lodging house. Landlord The owner of a rental residential dwelling unit who offers residential property and its dwelling units not occupied by the owner, to other persons not related by blood or marriage for some form of compensation through rental payments lease payments or some other similar contractual arrangement. Lodging house A building with more than two but not more than ten quest rooms where lodging with or without meals is provided for compensation. I Nuisance. A tenant's use of a rental dwelling unit, including the building and the premises relating thereto which gives offense to or endangers the life or health of others. The term nuisance shall include such uses as defined under Kentucky law as nuisances. Nursing home. An establishment which provides full-time convalescent or chronic care, or both for four or more individuals who are not related by blood or marriage to the operator, and who by reason of chronic illness or infirmity, are unable to care for themselves; excepting, however, establishments that predominately provide for care for the acutely ill or surgical or obstetrical services. A convalescent home and rest home are included in this definition. A hospital or sanitarium shall not be construed to be included in this definition. Person. Includes a firm association organization, partnership, trust, company or corporation as well as an agent, and an individual. Tenant. A tenant includes a person(s) under a rental agreement to occupy a dwellinq unit for the purpose of residential occupancy. This includes a person(s) occupying a residential property by making rent or lease payments or other similar agreements where the tenant does not have an equitable interest in the real property. Tourist home. A building in which more than one but not more than five guest rooms are used to provide or offer overnight accommodations for transient quests for compensation. A bed and breakfast establishment is included in this definition. Sec. 42-63. - Enforcement. The Fire Prevention Division shall be responsible for the administration and enforcement of the provisions of this section. Sec. 42-64. - Rental occupancy permit required. 22 It shall be unlawful for any landlord to rent or lease to another or otherwise allow any person to occupy any rental dwelling unit which is subject to this chapter unless the landlord has first obtained and continues to hold a valid rental occupancy permit. Sec. 42-65. Applicability and exceptions. The provisions of this chapter shall apply to the rental or leasing of rental dwelling units, and rental dwellings which contain such units, including one- and two-family rental residential dwelling units, multiple dwelling units, accessory living quarters, and lodging houses. The provision of this chapter shall not apply to hotels and motels, nursing homes, or assisted care dwelling units, residential care facilities as described by KRS 100.982, Hospitals and Sanitariums. Sec. 42-66. - Application for rental occupancy permits. Within 30 days following the effective date, the landlord of a rental dwelling unit shall make written application to the Fire Prevention Division for a rental occupancy permit to carte on the business of renting a residential dwelling unit. Such application shall be made on a form furnished by the Fire Prevention Division for such purpose and shall set forth the following information: M Name, residence address, telephone number, and date of birth of the landlord of the rental dwelling unit. If the landlord is a partnership, the name of the partnership, and the name, residence address, and date of birth of the managing partner. If the landlord is a corporation or limited liability company, the name and address of the corporation or company, and the name, residence address and date of birth of the chief operating officer. M Q) If the landlord has appointed an agent authorized to accept service of process and to receive and give receipt for notices: the name, residence address, telephone number, and date of birth of such agent; Every applicant, whether an individual, partnership, corporation, or limited liability company shall identify in the application, by name, residence address, telephone number, and date of birth, a natural person who is actively involved in, and responsible for, the maintenance and management of the premises. A post office box is not acceptable as an address for such person. The individual designated herein may also be the landlord of the dwelling or an agent identified in subsection (2) above; Street address of the rental dwelling unit; and Number of rental dwelling units within the rental dwelling: To determine compliance with this chapter and this Code, eve[y applicant shall authorize an inspection of the premises. It shall be unlawful for any person to make any false statements in an application for a rental occupancy permit. Sec. 42-67. - Temporary permit. The Fire Prevention Division shall issue a temporary permit to the landlord of a rental dwelling unit who has submitted an application and paid the fee required by this chapter. A temporary permit shall authorize the occupancy of rental dwelling units in actual existence on the effective date, pending issuance of a rental occupancy permit. Dwelling units constructed or converted to rental usage after the effective date shall not be eligible for a temporary_ permit, and shall not be occupied for human habitation prior to the issuance of the required rental occupancy permit; A temporary permit indicates only that the landlord has submitted an application for a rental occupancy permit. A temporary permit is not a determination that the rental 23 -.-lr. r�--.-�. - --, - .. IT ,, . .. ..� dwelling or the rental dwelling unit complies with the standards required by this chapter. The temporary permit shall be valid until a rental occupancy permit has been issued or the application for such permit is denied and the stay period for any ppeal of such determination is exhausted. Sec. 42-68. - Issuance of permit. Followina the filina of an application, a citv's code official shall cause _an -inspection to t be made of the rental dwelling unit and rental dwelling identified in the application. This inspection shall be made within three business days following the date upon which the application is filed excepting, however, that in the event the landlord has been issued a temporary_ permit under this chapter, such inspection shall be made within a reasonable period of time taking into consideration the availability of code officials to make such inspection. Upon completion of an inspection of a rental dwelling and the rental dwelling units therein the code official shall make a determination as to whether all of the standards for r issuance of a permit have been met. In the event the code official determines that the standards have been met the code official shall cause the issuance of a rental occupancy permit. Only one permit shall be required per lot provided however, in the case of multiple rental dwelling units on one lot the permit shall identify each rental dwelling unit for which a permit has been approved. Sec. 42-69. - Standards for issuance of permit. The standards for the issuance and continuance of a rental occupancy permit shall be as follows: Lai 1011 The rental dwelling and the rental dwelling units located therein, and the grounds and the accessories buildings and structures relating thereto, are in substantial compliance with the code and all other applicable laws and regulations and are not otherwise substandard, hazardous or unfit. In multi- family ulti- famil ryu_nits to promote efficiency, the code official shall inspect the minimum units necessary to assess the overall condition of the premises. The landlord has been issued an occupation business license and has paid all fees and taxes as required under chapter 106 of this Code. The landlord has paid all city ad valorem taxes which are due and payable against the real property upon which the building and rental dwelling units are located. The landlord has paid all fees as required under this chapter. The landlord has paid all city_properky maintenance liens on the property for which a permit is applied. Sec. 42.70. - Determination of noncompliance. If a code official determines that any dwelling unit or units, or any part of the premises relating thereto fail to comply with subsection 42-69 (a) or that the landlord has failed to comp_Iy with subsections 42-69 (b) through (e), a written notice of the violation or violations shall be given to the landlord. The notice shall direct that the landlord shall have a period of ten days to submit to the code official a plan consistent with the code and other applicable ordinances which outlines the landlord's remedy of the violations and the time period that such remedy shall be effectuated. The notice shall further state that in the event the landlord fails to submit a plan within said period of time the landlord shall effectuate the remedy within a specified period of time as reasonably determined by the code official. The period of 24 time to effectuate a remedy hereunder shall not at any time exceed the period of time as determined by the code official. A reinspection shall take place after said period of time to determine compliance. If the code official determines that the defects create an imminent hazard to the health or safety of occupants or the public, the code official shall immediately suspend the applicable temporary_ permit or a previously issued rental occupancy permit. Any time period accorded by the code official above shall not be extended by the sale or transfer of any interest in the rental dwelling unless specifically authorized by the code official. Sec. 42-71. - Denial; suspension. In the event the landlord's failure to comply continues following the period accorded the landlord for compliance, the code official shall mail the landlord a notice of a denial of a rental occupancy permit or suspension of a previously issued rental occupancy permit. A denial of a rental occupancy permit shall automatically suspend the temporary permit. The notice shall state: That the code official has determined that the landlord has failed to comply with the standards as set forth in Section 42- 69. The specific reason or reasons why the standards have not been satisfied including copies of applicable inspection reports: u That the denial or suspension of the permit will become effective unless the landlord appeals the determination within ten days after receipt of the notice in the manner provided in Section 42-73. That after denial or suspension, the rental dwelling unit or units must be vacated, and shall not be reoccupied until a rental occupancy permit is issued or is reinstated after approval by the code official: () The notice shall describe how an appeal may be filed under Section 42-73. The code official shall also cause a notice to tenants to be prominently posted on the rental dwelling. The notice shall state that the rental occupancy permit for the rental dwelling unit or units has been denied or suspended, whichever is applicable, and that the action will become final on a specific date unless the landlord appeals. The notice shall further state that tenants will be required to vacate the rental dwelling unit when the action becomes final. Sec. 42-72. - Revocation of permit—Criminal acts or nuisance. Any landlord of a rental dwelling unit who knowingly leases or continues to lease a rental dwelling unit to any tenant who commits or allow others to commit any criminal act in violation of Kentucky's criminal statutes relating to the illegal sale of controlled substances or to prostitution or to acts of violence to the person of another which causes physical injury or the imminent threat thereof, or who otherwise creates or allows others to create a nuisance on the leased premises, in violation of the provisions of subsection (b) of this section shall be subject to a revocation of the landlord's rental occupancy permits as provided herein. The landlord shall abate such activity in the manner as hereinafter provided: M - In the event that the code official receives substantiated evidence of such an act or activity or of a nuisance taking place on the leased premises of a tenant the code official shall send to the landlord written notice which shall set forth the substantiated evidence and define the criminal act or activity or nuisance. In the event that the code official sends a second such notice to the landlord regarding such a criminal act or activity or nuisance on the leased premises of the same tenant within one year following the issuance of a previous 25 u LQ U notice the notice shall instruct the landlord to bring eviction proceedings against the tenant with the McCracken District Court or to otherwise provide to the code official an alternative acceptable to the code official which effectively abates the continuance of further criminal activity or nuisance on the leased premises of such tenant. The landlord shall initiate eviction proceedings or provide an acceptable alternative within ten days following the landlord's receipt of such second notice. In the event the landlord fails to initiate the eviction proceedings or otherwise provide an acceptable written alternative within said period of time the code official may revoke the landlord's rental occupancy permit if the code official determines that the revocation is necessary to protect the health safety and welfare of a resident or residents of the neighborhood Upon revocation of any rental occupancy permit no application for a subsequent rental occupancy permit shall be accepted by the code official for such property within six months of the date of revocation. Any eviction proceeding brought by the landlord shall be timely and diligently Prosecuted by the landlord in a bonafide manner. Substantiated evidence shall constitute such evidence as would be probative in establishing probable cause that such criminal act has been committed or that a nuisance exists on the leased premises. Substantiated evidence may include evidence of a lawful arrest indictment or conviction. In the event of revocation the code official shall provide a notice of revocation to the landlord and tenant in the manner as provided in Section 42-71. Sec. 42-73. - Appeals procedure. Any landlord wishing to appeal the determination of a suspension revocation, or denial shall file a written notice of appeal with the Fire Prevention Division within ten days after receipt of the notice of the suspension revocation, or denial. The initial appeal shall be taken before the Deputy Chief/Fire Marshal of the Fire Prevention Division The Deputy Chief/Fire Marshal of the Fire Prevention Division shall sustain the decision of the code official unless he determines that the provisions of this chapter have been complied with and that all of the violations have been corrected. The Deputy Chief/Fire Marshal of the Fire Prevention Division shall make his written determination within three business days after the Fire Prevention Division's receipt of the written notice of appeal. In the event the Deputy Chief/Fire Marshal of the Fire Prevention Division sustains the decision of the code official of suspension revocation or denial the landlord shall have the further right of appeal as hereinafter provided. Any landlord wishing to further appeal the determination of suspension revocation, or denial shall file a second written notice of appeal with the Fire Prevention Division within ten days after the landlord's receipt of the Deputy Chief/Fire Marshal of the Fire Prevention Division's written determination Thereafter, the appeal process shall be as follows: u In the event the determination of suspension, revocation or denial of a rental occupancy permit is based in whole or in part on the standards as set forth in subsection 42-69 (a) the appeal shall be taken before the Building Code's Appeals Board and shall be processed in accordance with section 18-123 of this Code; provided however, that in the event the suspension, revocation or denial is predicated on standards wholly related to electrical standards, then the appeal shall be taken before the Electrical Inspection Appeals Board and shall be processed in accordance with section 18-124 of this Code. Any person wishing to appeal the determination of the Building Code's Appeals ID, Board or the Electrical Inspection Appeals Board shall have the right to appeal to the McCracken Circuit Court Such appeal shall be filed within 30 days of the date of the determination of the Board. In the event the determination of suspension revocation or denial of a rental occupancy permit is based wholly on the standards as set forth in subsections 42-69 (b) (c) (d) or ( ) or on Section 42-72 the appeal shall be 26 taken before -the Nuisance Code Enforcement Board in accordance with the provisions of Section 42-41.5. Sec. 42-74. - Vacation of premises. When an application for rental occupancy permit has been denied or a rental occupancy permit has been suspended or revoked, the code official shall order the rental dwelling unit or units vacated, giving tenants a reasonable time to arrange new housing and to move their possessions. Sec. 42-75. - Duration of permit. U A rental occupancv permit shall be valid until the Droperty ceases to be used as a rental unit or until ownership of the property is transferred, whichever occurs first, unless otherwise suspended or revoked under this chapter. A prospective new owner of a rental dwelling unit shall make application for a new rental occupancy permit at least ten calendar days prior to the date of sale. Sec. 42-76. - Inspections. (a) Inspections of rental dwelling units shall be conducted by code officials and shall take place as follows: LQ Upon application for a rental occupancy permit. Upon receipt of a complaint by a tenant or owner of a neighboring property that the rental dwelling unit or rental dwelling is substandard, hazardous or unfit for habitation if in the reasonable discretion of the code official, probable cause exists that the complaint is founded in fact and an inspection warranted. Upon the determination of a code official that probable cause exists that any rental dwelling unit or rental dwelling is in noncompliance with subsection42- 69 (a). Every two-year period. The code official shall adopt a policy of inspecting all rental dwellings which are required to be permitted under this article. The policy shall contain objectives for the systematic inspection of all rental dwellings and priorities for the use of scarce inspection resources. The guidelines shall be based upon the following factors and any other factors deemed by the city to promote an efficient inspection program: 0 I©] Geographic distribution and concentration of rental dwellings; Rental dwellings with delinquent property taxes; Landlords with properties identified by the Fire Prevention Division as having an excessive number of housing code violations, or a history of noncompliance, or slow compliance, with correction orders; Landlords with properties identified by the Fire Prevention Division as having a history of demolitions being ordered b the he cit ; Landlords with properties identified by the Fire Prevention Division as having a history of demolitions being ordered by the city, and demolished by the city Rental dwellings for which no occupation business license or occupancy permit has been applied; and Rental dwelling with an excessive number of police calls for illegal drug offenses, prostitution, violent crimes, or disorderly conduct. 27 f :1 -1 -- -- — -- ---� - — ..- Absent exigent or emergency circumstances whenever necessary to make an inspection to enforce any of the provisions of this article or whenever the code official has reasonable cause to believe that there exists in any rental dwelling or rental dwelling unit which is required to be permitted by this chapter, any condition or violation which makes such dwelling or unit unsafe, dangerous or hazardous, the code official may enter such dwelling or unit at all reasonable times to inspect the same or to perform any duty imposed by this chapter; provided that if such dwelling unit be unoccupied he shall first provide notice and request entry from the landlord-, and if such dwelling or unit be occupied he shall provide notice and request entry from both the landlord and tenant. If possible, the code official shall first attempt to make arrangements with the landlord and tenant as to the occurrence of the inspection at least 24 hours prior to the inspection. If such entry is refused, the code official shall have recourse to every remedy provided by to secure entry. Sec. 42-77. - Fees. There shall be a fee of $25 for issuance of a rental occupancy permit and the initial inspection related thereto and a fee of $25 for the renewal of a rental occupancy permit and the inspection related thereto. There shall also be a fee of $25 per inspection for any further follow- up inspection related thereto. These fees shall be paid to the Fire Prevention Division. Sec. 42-78. - Display of permit. L1 Every landlord must show to every prospective tenant before occupancy a valid rental occupancy permit covering the rental dwelling unit to be rented. Every landlord must show to any tenant upon demand a valid rental occupancy permit covering the rental dwelling unit the tenant occupies. Upon demand by any code official the landlord must show a valid rental occupancy permit to the code official. Upon demand by a municipal utility company, and so ordered by the Deputy Chief/Fire Marshal of the Division of Fire Prevention, a tenant or landlord, must produce a valid occupancy permit prior to establishment of utility service. Sec. 42-79. - Remedies in this chapter not exclusive. The remedies provided in this chapter are not exclusive. The remedies are in addition to, and do not supersede or preempt, other remedies such as condemnation written violation orders and warnings criminal charges for violation of substantive provisions of any city or state code relating to housing maintenance fire safety, building codes zoning, health, and the like. The remedies in this chapter do not supersede or affect the legal rights and remedies of tenants provided under state law or this chapter. Where _two _or more provisions conflict with one another, the more stringent shall a Sec. 42-80. - New construction. The requirement for a rental occupancy permit and inspection fee shall not apply to any building for which a certificate of occupancy has been issued by the city until five years after the issuance of such certificate of occupancy. Sec. 42-81. - Enforcement by injunction. The landlord's failure refusal or neglect to comply with any of the provisions of this section may, i� n addition to any other remedy provided herein or in place thereof, be restrained, prohibited or enjoined by an appropriate proceeding_ instituted in a court of competent iurisdiction. �111 Sec. 42-82. - Severability. If any section subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid the validity of the remaining sections, subsections, and clauses shall not be affected. 28 SECTION 5. That Chapter 42, Article II, Sections 42-31 through 42-46 and Section 42-60 are hereby amended to read as follows: Sec. 42-31. - Title of article. The article shall be known and may be cited as the "Nuisance Code Enforcement Board Ordinance." Sec. 42-32. - Definitions. The following words, terms and phrases, when used in this article, shall have the .y 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's 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 sn� Section 2-591 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 herein pursuant to 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. 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. 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 five 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. Sec. 42-34. _ General 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 L, 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. 29 The Nuisance Code Enforcement Board shall have the authority to conduct hearings and make determinations regarding appeals from the decision of the Deputy Chief/Fire Marshall of the Fire Prevention Division as to a rental occupancy permit. (Section 42.41.5). 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 te a one rnernbeF NuisaRGe Code ERfemernent Board shall be three t a r -s. The initial appointment to a tree -five member Code Enforcement Board shall be as follows: (1) (2) (3) Gee -Two members appointed to a one-year term. Gp,-Two members appointed to a two-year term. 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) (d) (e) 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. 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. 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. Sec. 42-36. - Organization of board; meetings; quorum; and alternate board members. (a) (b) If the board consists of tlafee five members, it shall annually elect a chair from among ~; its members. The Chairman shall be the presiding officer and a full voting member of ,� 1 the board. 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 30 ET" (c) (d) (e) Meetings Act, and the board may adopt a procedure for special meetings, if necessary. 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. A majority of the members of the Nuisance Code Enforcement Board shall constitute a quorum for all purposes. A decision reached by a quorum of the Nuisance Code Enforcement Board present at a properly called meeting shall constitute a decision of the entire Board. 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. 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. 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. 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) (b) (c) (d ) (e) (f) To adopt rules and regulations to govern its operations and the conduct of its hearings. To subpoena witnesses. To conduct hearings to determine if there has been a violation of the nuisance code. To take testimony under oath. The chairman shall have the authority to administer oaths for the purpose of taking testimony. 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. 31 (g) LW To impose fines, as authorized, on any person found to have violated the nuisance code. To order liens to be filed for the collection of fines, charges, costs, penalties, and fees, including attorney's fees. To conduct hearings to consider appeals from the determination of the Deputy Chief/Fire Marshall of the Fire Prevention Division as to the suspension revocation or denial of a rental occupancy permit in accordance with Section 42-49.5. Sec. 42-40. - Enforcement hearing. The following requirements shall govern all enforcement hearings before the board: (a) (b) (c) (d) (e) 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. 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 may 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. 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. 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. 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. The citation issued by the Nuisance Code Enforcement Officer shall contain the following information: 1) 1. 2. 3. The date and time of issuance; The name and address of the person to whom the citation is issued; 32 �-7 (f) (g) 4. 11.3 7. Et1 00 10. "p The date and time the offense was committed; The facts constituting the offense; The section of the code or the number of the ordinance violated; The name of the Nuisance Code Enforcement Officer; The fine that will be imposed for the violation if the person does not contest the citation; The maximum fine that may be imposed if the person elects to contest the citation; The procedure for the person to follow in order to pay the fine or to contest the citation; 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 Notice that a lien may be filed or foreclosure proceedings initiated to collect fines, charges, costs, penalties, and fees, including attorney's fees. 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. 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. Sec. 42-41. = Enforcement 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. 33 ---------- (b) (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) (f) 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. 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 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. Sec. 42-49.5. — Rental Occupancy Permit Appeals 34 In the event a landlord wishes to appeal the determination of the Deputy Chief/Fire Marshall of the Fire Prevention Division as to the suspension, revocation, or denial of a rental occupancy permit, the appeal shall be taken before the Nuisance Code Enforcement Board in accordance with the following provisions: a. Upon receipt of an appeal from a landlord, the Nuisance Code Enforcement Board shall schedule a hearing. The Board shall hold hearings once a month All parties to the appeal shall be notified of the time and place of the hearing by letter mailed by certified mail, no later than seven days prior to the date of hearing. The Board shall render a decision within five working days after the hearing.. b. At the hearing, the Nuisance Code Enforcement Board shall hear all relevant evidence and argument. The Board may admit and give probative effect to evidence which possesses probative value commonly accepted in administrative hearings. C. The issue to be determined by the Rental Occupancy Appeals Board shall be whether the code official's determination of suspension, revocation or denial is based upon a preponderance of the evidence submitted. The Nuisance Code Enforcement Board may affirm, modify, or reverse the action of the code official. The final decision of the Board shall be mailed to the landlord. d. A notice to tenants of the final decision of the Building Code's Appeals Board or the Rental Occupancy Appeals Board shall be mailed to each tenant and prominently posed on the building. if applicable, the notice shall indicate the date upon which the tenants must vacate the building and shall clearly indicate which rental dwelling units are affected. e. Any appeal properly taken under this section shall suspend the enforcement of the code official's determination unless the code official's determination finds the landlord's noncompliance to be life threatening. Sec. 42-42. - Appeals; final judgment. (a) (b) (c) An appeal from any final written order of the Nuisance Code Enforcement Board may be made to the McCracken County District Court within 30 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. The action before the district court relating to enforcement of the nuisance code 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. 35 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. 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, peFvielatie inspection: If the code enforcement officer is required to make inspections beyond the initial inspection and one (1) additional follow-up inspection to determine if the required corrections have been made then the Nuisance Code Enforcement Board shall assess the following fines not to exceed the value of the property as determined by the Property Valuation Administrator: Welation Inspections e- n�3rd Inspection 2�4 nff�R%4th Inspection 5th Inspection And All Others Property maintenance Abandoned Vehicles and Appliances, Litter, Solid Waste, Other Nuisances $100 $259200 $500 $41.80 (b) $489 $240 X599 $4W 6-7-50 ow $4w $2-5A O0 $41.80 X59 X599 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 viela#+sn inspection not to exceed the value of the property as recorded by the Property Valuation Administrator: Vielatien Inspections V -Of -ense3rd Inspection 4th Inspection e##ense ""�r!;5th Inspection And All Others Property Maintenance $200 $500 $1,000 n pplia.,,-es 0 WA $4,()() Lamer X99 $500 $1,0()A $200 $500 (l+hcr W-li-SaRGes -$240 8 i HtlA f Sec. 42-44. - Lien; fines, charges, abatement costs, fees, penalties, attorney fees and costs. 36 �D (a) (b) (d) (e) (f) The city shall possess a lien on the property finally determined to be in 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 code. The lien shall bear interest at the rate of four percent per annum until paid. A notice of the lien may be recorded in the office of the county clerk. Pursuant to KRS 82.720, the lien shall be superior to and have priority over all other liens on the property, except state, county, school board, and city taxes, and may be enforced by judicial proceedings. In addition to the remedy prescribed in subsection (a), the owner or owners of the property at the time the violation occurred shall be personally liable for the amount of all fines assessed for the violation and for all charges, costs, penalties, abatement costs, and fees, including without limitation attorney's fees and a $25.00 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. The city may bring a civil action against the responsible owner or owners and shall have the same remedies as provided for the recovery of a debt. The city shall be entitled to recover from the responsible owner or owners all attorney fees and others costs incurred by the city by reason of the collection upon and enforcement of the responsible owner's or owners' liability hereunder and the lien which secures the same. 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. Sec. 42-45. - Ordinances enacted as the nuisance code. All sections in this article are enacted pursuant to KRS 82.705 as part of the nuisance code. Sec. 42-46. - Property maintenance code. (a) (b) 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. 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. 37 (2) (3) (4) (5) (6) Section 103.5 [delete section] Section 104.8 A Property Maintenance Permit shall be required for the abatement of violations under any of the provision of this code. 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 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. 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. Section 202. Insert. Public Nuisance: Includes, but is not limited to, any of the following: Q 0 4. 5. 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; Any premises that has unsanitary sewerage or plumbing facilities; Any premises designated as unsafe for human habitation; 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; 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; 38 (c) Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or 7. 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) (8) (9) (10) (12) 13 (a-314) Section 301.4 Public Nuisance. All premises shall be kept free from public nuisances as defined in Section 202. Section 302.4 Insert: 10 inches 304.14 (p.10, first and second line). Insert: May 1 thru October 31. Section 602.3 (p. 17, fifth line). Insert: September 1 thru May 31. Section 602.4 (p. 17, third line). Insert: September 1 thru May 31. The term "code official," as used in the International Property Maintenance Code, shall be deemed to be e0theF the City Building InGPeGtGF, City FiFe Marshal, inspectors in the Fire Prevention Division er+heir duly authorized representatives and shall be charged with the administration and enforcement of this code. The code enforcement section is hereby created in the Fire Prevention Division and shall be charged with the primary responsibility of enforcement of this code. 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. 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) 39 (2) (3) 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. 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. LO G. 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 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. 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). 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. 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. R1 C. 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. T—) 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. 40 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. N h. k. 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. All materials in contact with the ground shall be listed for ground contact. 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. Any siding used on structures shall be wood lap siding (no sheet material allowed), hard 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. 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. All siding and trim shall be properly and securely fastened to structural elements with appropriate fasteners. 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 41 _-------- curling of any nature or degree. All flashing shall be generally rust - free and in good condition. 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. 0 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. Fa All accessory structures shall be regulated by the same standards as the principal structures. H 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 "11 U. 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. 42 (d) (e) (f) 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. 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. 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. 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. Sec. 42-60. - Petition for reduction, waiver and release. (a) (b) After an order from the Nuisance Code Enforcement Board has become final and not appealable, a petition may be initiated by a property owner for a conditional waiver of fines levied with the Fire Chief or the Deputy Chief in charge of the Fire Prevention Division as long as abatement is to be started and completed in a reasonable time. If, in the determination of the Deputy Chief/Fire Marshal of the Fire Prevention Division, abatement has not been started and progressing in a reasonable time, the waiver will be revoked and the fines reinstated: a petition may also 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. A petition shall contain the following information at a minimum. (1) (2) (3) (4) The name, address, and contact information of the petitioner and/or the petitioner's legal representative; A specific request for the conditional waiver of fines or a specific request for the waiver of citations, fines, charges, or fees requested and/or any liens to be released relating to a real-estate sales transaction; A statement setting forth the reasons why the Fire Chief or Deputy Chief in charge of the Fire Prevention Division, or the Nuisance Code Enforcement Board should consider an appeal and waiver; 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 43 (c) (d) (e) (5) L I j 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. The name of the person that shall be purchasing the real property in question. The petition and all accompanying materials shall be presented to the Fire Chief or the D_puty Chief in charge of the Fire Prevention Division and/or 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. 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 Fire Chief or the Deputy Chief in charge of the Fire Prevention Division for conditional waivers and/or the Nuisance Code Enforcement Board if denied by the Fire Chief or the Deputy Chief in charge of the Fire Prevention Division. 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. SECTION 6. That Chapter 46, Articles I and II are hereby amended to read as follows: Sec. 46-1. - Blasting permit. No person shall cause a blast to occur within the city without making application in writing beforehand, setting forth the exact nature of the intended operation, and receiving a permit to blast from the authorized city official. The authorized city official, before granting such permit, may require bond to indemnify the city and all other persons against injury or damages which might result from the proposed blasting. Sec. 46-2. - Storage of flammable materials; obstructing access to or exit from premises. (a) All flammable or combustible materials shall be arranged and stored in a manner which affords reasonable safety against the danger of fire. (b) (c) Waste paper, ashes, oil rags, waste rags, excelsior, or any material of a similar hazardous nature shall not be accumulated in any cellar or any other portion of any building of any kind. Proper fireproof receptacles shall be provided for such hazardous materials. No matter shall be stored or arranged in a manner which impedes or prevents access to or exit from any premises in case of fire. Sec. 46-3. - False fire alarms. It shall be unlawful for any person to knowingly turn in a false alarm of fire, or other alarms to which the Fire Department responds. The Chief of the Fire Department or the,. Assistant Chief, or other persons acting for them, may turn in a false alarm when practicing time runs, training men in the Fire Department, or exhibiting the working of the alarm system. 44 Sec. 46-45. - Penalty. Whoever violates any provision of this chapter for which another penalty is not already otherwise provided shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00, or imprisonment for not more than 30 days, or both, for each offense. Sec. 46-30.5 — Title of Article. This article shall be known and may be cited as the "Fire Prevention Code." Sec. 46-31. - Adoption of Kentucky Standards of Safety and National Fire Codes. (a) The Kentucky Standards of Safety (Fire Prevention Code) as promulgated in 815 KAR 10:040 by the Commissioner of the Department of Housing, Building and Construction on the advice and recommendation of the state Fire Marshal, is hereby adopted in full as an ordinance of the City of Paducah, and a certain document, one copy which is on file in the office of the City Clerk, being marked and designated as "The Kentucky Standards of Safety (Fire Prevention Code), First Edition 1990, Second Edition 1996, Third Edition 1999, and any future amendments or revised standards as published by the Kentucky Department of Housing, Building and Construction." (b) In addition, the 1992-93 ed4tioneditions of the National Fire Codes, Volumes 1 through 12, recommended by the National Fire Protective Association, is hereby adopted by reference, and any future amendments adopted by the National Fire Protective Association, unless specifically omitted by amendment to this chapter. Sec. 46-32. - Enforcement officer. The Fire Prevention Division shall be designated as the local enforcement agency for the Fire Prevention Code. sity-: Sec. 46-32.5. - Fire Marshal. The Fire Marshal shall be appointed by city as the authorized designee of the Fire Chief for the enforcement of Fire Prevention Code. Sec. 46-33. - Conflicting provisions Where stricter provisions provided for in current National Fire Prevention Codes are in conflict with this Code, conflicts shall be resolved in favor of the stricter provisions, and, where more liberal requirements are set forth throughout this Code than are provided for in current National Fire Prevention Code Standards, the conflict shall be resolved in favor of the current National Fire Prevention Codes. Sec. 46-34. - Appeals. All final decisions of the Fire MarshalGede offidal of the dty shall be appealable to the Building Code Appeals Board pursuant to the procedures adopted by the city. SECTION 7. That Chapter 46, Article III, Section 46-61 is hereby amended to read as follows: Sec. 46-61. - Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Approved. Approved by the Fire Marshal. Fire apparatus. Equipment designated for use by the Fire Department. Fire department connection. A connection for Fire Department use in supplementing or supplying water for standpipes or sprinkler systems. 45 Fire hydrant. A valved connection on a water supply system having one or more outlets and which is used to supply hose and Fire Department pumpers with water. Fire lane. The road, path or other passageway developed to allow the passage of fire apparatus through congested areas as designated by the Fire Marshal. Fire Marshal. The Fire Marshal of the city, as more specifically set forth inseGtieT46-4 Section 46-32.5. SECTION 8. 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 9. 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 10. 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. SECTION 11. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will become effective upon sum ublicatio pursuant to KRS Chapter 424. i 0 R MAYOR ATTEST: s - Clerk 4M�6r?--' Introduced by the Board of Commissioners, June 12, , 2012 Adopted by the Board of Commissioners, June 26 , 2012 Recorded by City Clerk, June 26 , 2012 Published by The Paducah Sun, J u 1 _y 5 , 2012 �D' 46