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Home My WebLink About2019-12-8609ORDINANCE NO. 2019-12-8609 AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the City of Paducah wishes to eliminate the effects of the accumulation of damaged and inoperable vehicles which create blight, depress property values, generate health hazards, contribute to injury, damage the environment, provide breeding areas for pests such as rodents and mosquitoes, attract illegal dumping of other solid waste and hazardous substances, and contribute to the commission of crimes, detrimentally affecting the health and safety of neighborhoods within the City of Paducah; WHEREAS, landowners have the right to the use and enjoyment of their property, consistent with State law and City Ordinances, where such use does not infringe on the rights of adjacent landowners; WHEREAS, in instances in which an individual's actions infringe on the use and enjoyment rights of adjacent landowners, the City may act to abate a nuisance, consistent with KRS § 65.8840; WHEREAS, the City has been unsuccessful in abating junk car nuisances with mere imposition of fines or liens and now wishes to have junk cars which are declared a nuisance removed from the public view; WHEREAS, Chapter 42 of the Paducah Code of Ordinances must be amended to allow for the removal of junk motor vehicles which have been declared a nuisance. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 42 of the Paducah Code of Ordinances by amending the following sections: Sec. 42-32. — Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Owner means a person, association, corporation, partnership or other legal entity having a legal or equitable title in real property, or in the case of a motor vehicle, having legal or equitable title in a motor vehicle. [... j Sec. 42-43. — Ordinance Fine Schedule. (a) If a citation for a violation of the Code is not contested by the person charged with the violation, the penalties set forth in this subsection may apply per 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 Code Enforcement Board shall assess the following fines not to exceed the value of the property as determined by the Property Valuation Administrator; Inspections Inspections I Each Occurrence Abandoned Vehieles and Appliances, Grass, Weeds, Litter, Solid Waste, Other Nuisances Defined by 42-50(a) 1)-(7). $100.00 Inspections First Occurrence — 30 days after final order or waiver of Second Occurrence — 60 days after final order or waiver of hearin hearing Junk Motor Vehicles $100.00 Motor Vehicle Subject to Tow at Owner's Expense Inspections Yd Inspection 4"' Inspection 5d` Inspection and All Subsequent Insections Property $250.00 $350.00 $500.00 Maintenance (b) If the citation is contested and a hearing before the Code Enforcement Board is required, the penalties may be doubled at the discretion of the Board per inspection not to exceed the value of the property as recorded by the Property Valuation Administrator, or for a motor vehicle. not to exceed the fair market value of the motor vehicle as determined by reference to Kelley Blue Book, NADA or other appropriate Guides, whichever is greater. Sec. 42-48. — Vehicles and Appliances. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to this subsection, except where the context clearly indicates a different meaning: Apparently abandoned means any motor vehicle which does not appear to have been moved or maintained, as determined by the Code Enforcement Officer, for at least sixty (60) days. Apparently inoperable means a motor vehicle which does not appear to be capable of moving a distance of twenty (20) feet under its own power on a flat surface, or which does not comply with legal requirements for vehicles used or parked on public streets with regard to safety equipment such as brakes, lights, mirrors, and safety glass, tires, or with regard to vehicle licensing requirements, and which condition(s) last for at least sixty (60) days. In the open means is upon land that may be viewed from a public street or all or an adjoining property. Junked motor vehicles means any vehicle, device or other contrivance, or parts thereof, propelled by human or mechanical power in, upon, or by which any person or property is or may be transported or drawn, including, without limitation, devices used exclusively upon stationary rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts, sailboats, boat and utility trailers, mobile homes, motor homes, campers, and off-highway vehicles, the condition of which is one (1) or more of the following: (1) Wrecked; (2) Dismantled; (3) Partially dismantled; (4) Inoperative or apparently inoperative for a period of more than sixty (60) days; (5) Abandoned or apparently abandoned for a period of more than sixty (60) days; (6) Discarded. (b) Declaration of nuisance; exceptions. (3) Classic or Collector Vehicles. A iunk motor vehicle which is owned by a collector of antique, vintage, historic, classic, or muscle and special interest vehicles which is in the process of restoration, and which is recognized by national vehicle organizations such as The Vintage Motor Car Club of America or SEMA. Such vehicles, when located in public view prior to or during the restoration process, shall, upon request by a Code Enforcement Officer, be moved to a storage or work area not readily visible by the general public I ... I (d) Compliance by removal of vehicle or appliance by Owner. The Owner's removal of the vehicle or appliance declared to be a nuisance pursuant to this section from the premises within seven (7) days after receipt of notice of violation from the City shall be considered compliance with the provisions of this section and no further action shall be taken against nor any fine imposed against the owner of the vehicle or appliance or the owner or occupant of the premises. Written permission given to the Code Enforcement Officer for the removal of the vehicle or appliance by the owner of same or the owner or occupants of the premises on which it is located shall be considered compliance with the provisions of this section on their part and no further action shall be taken against the one giving such permission, except for collection of towing charges or hauling costs for the removal of the nuisance. (e) Compliance by removal of Junk Motor Vehicle by Owner within 30 days of Final Order or Waiver of Hearing. The Owner's removal of the vehicle declared to be a nuisance pursuant to this section from the premises between seven (7) and thirty (30) days after receipt of notice of violation from the City shall be considered compliance with the provisions of this section and no further action shall be taken against the owner of the vehicle or the owner or occupant of the premises except for the fine set forth in Sec. 42-43.(a). Written permission given to the Code Enforcement Officer for the removal of the vehicle by the owner of same or the owner or occupants of the premises on which it is located shall be considered compliance with the provisions of this section on their part and no further action shall be taken against the one giving such permission, except for collection of towing charges for the removal of the nuisance. (f) Removal of junk motor vehicles. Sixty (60) days following a final order finding a violation or waiver of a hearing as set forth in Sec. 42-40. and Sec. 42-41, the Code Enforcement Board shall provide notice to the owner of the real property where the junk motor vehicle is situated, as well as to the registered owner of the junk motor vehicle that has been declared to be a nuisance pursuant to this section, that such vehicle will be removed from the property and towed at the Owner's expense. Such Notice shall be mailed via certified mail no less than fourteen (14) days prior to the date the junk motor vehicle is to be towed from the property, and shall include the make, model, license number and vehicle identification number of the vehicle, and the location from where the vehicle will be towed. Neither the City of Paducah nor the Code Enforcement Board or its officers shall be liable for anv damage or loss to the iunk motor vehicle or its contents during or after towing. (g) Right of entry. In the enforcement of this section, a Code Enforcement Officer, and duly authorized agents, assistants, employees, or contractors, may enter upon private or public property to examine the vehicle or appliance, or obtain information as to the identity of the vehicle or appliance and of the owner thereof, and to remove or cause removal of the vehicle or appliance declared to be a nuisancee pursuant to this article. SECTION 2. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: 41clerk Introduced by the Board of Commissioners, December 10, 2019 Adopted by the Board of Commissioners, December 17, 2019 Recorded by the City Clerk, December 17, 2019 Published by The Paducah Sun, December 25, 2019 Ord\42-32 Junk Vehicles 230149