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HomeMy WebLinkAbout2006-4-7105674 ORDINANCE 2006-4-7105 AN ORDINANCE AMENDING CHAPTER 42, ENVIRONMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 42-38 is hereby amended to read as follows: 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 propgAy to ensure compliance with the provisions of this Article. SECTION 2. A new section shall be added under Chapter 42 of the ordinances of the City of Paducah. Specifically a new Section 42-44 (f) shall be added to read as follows: (f) Upon payment determination of the Nuisance Code Enforcement Board or Court order, the city shall be authorized to release any lien filed hereunder and recorded in the Office of the Count Clerk. SECTION 3. That Section 42-46(a) and (b) are hereby amended to read as follows: (a) Adopted. A certain document, three-eepies one copy of which are is on file in the office of the City Clerk of the City of Paducah, being marked and designated as '%#emafienal Property zenanee Code" "International Property Maintenance Code 2006 Edition" as published by the Building Offiei is and ao ., International Code Council, and the property maintenance code currently adopted by the City of Paducah, be and all future editions are hereby adopted for the control of buildings and structures as therein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of said International Property Maintenance Code and the property maintenance code currently adopted by the City of Paducah, are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in subsection (b) below. Violations of the provisions therein shall be deemed a nuisance enforceable by this article. (b) Additions, insertions and changes. The International Property Maintenance Code is amended and revised in the following respects: (1) Section 10 1. 1 (p.1, second line). Insert: City of Paducah. (2) Section 103-6. 103.5 [delete section] 675 (3) Section 104.8 A Property Maintenance Permit shall be required for the abatement of violations under any of the provision of this code. (3) S eetie„ , ,__ _ 0�eneral delete "or- where stnaetuFe".. (4) Section 104.9 Prior to a valid work permit being issued to any individual or legal entity, the individual or legal entity must have no other valid work permits for properties (a) where further code enforcement is necessary or ongoing, or (b) where work has ceased or is not being completed in a workmanlike or acceptable manner so as to address the scope of the work authorized by M 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 chimes. Whenever a valid work permit has been issued to upgrade or repair a structure on which the code official has served notice to make corrections or repairs required by such notice, the upgrade or repairs shall be commenced within ten days. All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to serve the results intended by the order. Any cessation of the normal construction or repairs may cause the permit to become invalid. No work permit shall be issued for a structure when the original permit has become invalid without the applicant going through the appeals process. (5) Section 111 Means of Appeal is deleted. The Means of Appeals shall be as the contest procedure to the Nuisance Code Enforcement Board as provided in this article. (6) Section 202. Insert: Public Nuisance: Includes, but is not limited to, any of the following: 1. The physical condition or occupancy of any premises regarded as a public nuisance at common law; 2. 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; 3. Any premises that has unsanitary sewerage or plumbing facilities; 4. Any premises designated as unsafe for human habitation; 676 5. 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; 6. 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; 7. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or 8. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises. (7) Section 301.4 Public Nuisance. All premises shall be kept free from public nuisances as defined in Section 202. (8) Section 302.4 Insert: 10 inches 304.14 (p.10, first and second line). Insert: May 1 thru October 31. 10 (A) Section 602.3 (p. 17, fifth line). Insert: September 1 thru May -39 31. 11 (A}Section 602.4 (p. 17, third line). Insert: September 1 thru May 30 31. 12 " The term "code official," as used in the International Property Maintenance Code, shall be deemed to be either the City Building Inspector, City Fire Marshal, or their duly authorized representatives, and both shall be charged with the administration and enforcement of this code. 13 " The board of appeals referred to in the International Property Maintenance Code shall be the Nuisance Code Enforcement Board, as set forth in this Ordinance. SECTION 4. A new section shall be added under Chapter 42 of the ordinances of the City of Paducah. Specifically a new Section 42-60 shall be added to read as follows: Article III. Petition for Reduction, Wavier and Release. (A) After an order from the Nuisance Code Enforcement Board has become final and not gppealable, a petition may be initiated to facilitate a real estate sales transaction by the filing of a petition with the Nuisance Code Enforcement Board for the reduction or waiver of citations, fines, charges, or fees levied by the Nuisance Code Enforcement Board. Only the civil fines levied pursuant to Section 42-43 may be 677 .L. __k.k n' A LA _ _ .,e_,a »..Io. petitioned to be reduced or waived. No other costs, charges, administrative fees or attorney's fees can be petitioned for reduction or waiver. (B)petition shall contain the following information at a minimum. a) the name. address. and contact information of the petitioner and/or the petitioner's legal representative; (b) a specific request for the wavier of citations, fines, charges, or fees requested and/or any liens to be released; (c) a statement setting forth the reasons why the Nuisance Code Enforcement Board should consider an aDDeal and waiver; (d) 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 M and all types, charges, assessments, administrative fees, etc. and a check accompanying the payment of all monies owed to the City of Paducah except for the amounts to be reduced or waived shall be tendered with the petition. (e) the name of the person that shall be purchasing the real property in question. (C) The petition and all accompanying materials shall be presented to the Nuisance Code Enforcement Board at their next regularly scheduled meeting. No special or called meeting of the Nuisance Code Enforcement Board is specifically required by this ordinance. (D) The Nuisance Code Enforcement Board shall consider each petition presented and render a determination as to whether or not the petition shall be granted or denied. A petition requesting the reduction or waiver of civil fines already determined to be final and the release of liens securing those fines shall be left to the sole discretion of the Nuisance Code Enforcement Board. (E) The Nuisance Code Enforcement Board shall conduct its hearing in regard to M petition in the same manner as outlined by Section 42-41 of this code. SECTION 7. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Paducah hereby declares that it would have passed this ordinance, and each section, subsection, clause or phase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION S. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending 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 Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 9. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. City Clerk William Paxton, Mayor Introduced by the Board of Commissioners, April 11, 2006 Adopted by the Board of Commissioners, April 18, 2006 Recorded by City Clerk, April 18, 2006 Published by The Paducah Sun, April 25, 2006 \ord\insp\42 72817 W.