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HomeMy WebLinkAbout2000-1-61479.191 ORDINANCE #2000-01-6147 AN ORDINANCE CREATING CHAPTER 19, RESIDENTIAL RENTAL OCCUPANCY PERMITS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,KENTUCKY WHEREAS, the 1990 Census determined that 41% of all dwelling units in Paducah are for rental occupancy; and WHEREAS, the City has demolished, or ordered the demolition, of over -� 500 residential dwelling units in the last ten years, and rental units are over represented in this number; and $1,500; and WHEREAS, the average cost of demolishing a residential unit is over WHEREAS, many existing rental dwelling units are blighted; and WHEREAS, the City of Paducah's adopted Comprehensive Plan requires that neighborhoods should be protected from blight, and that blighted areas should be subject to aggressive code enforcement; and WHEREAS, blighted areas are oftentimes subject to the presence of criminal activity; and WHEREAS, The City of Paducah's adopted Abbreviated Comprehensive Housing Affordability Strategy has determined that the conversion from owner to rental occupancy threatens the integrity of all neighborhoods, and additionally, that the City should improve the quality and standard of rental properties and that dilapidated properties should be removed; and WHEREAS, the City of Paducah's Abbreviated Comprehensive Housing Affordability Strategy has revealed that the highest concentrations of deteriorating and dilapidated structures are rental units; and j WHEREAS, the Abbreviated Comprehensive Housing Affordability Strategy for the City of Paducah has identified that low and very low income families currently living in sub -standard homes should have access to improved rental properties. NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky: SECTION 1. PURPOSE AND INTENT. The purpose of this chapter is to protect the public health, safety and general welfare of the people of the City of Paducah, Kentucky 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: (1) To protect the character and stability of residential areas; (2) 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; (3) To enforce minimum standards for the maintenance of existing residential buildings, and to thus prevent slums and blight; (4) To preserve the value of land and buildings throughout the city; i (5) 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. 390 It is not the intention of the City of Paducah 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 ordinance. SECTION 2. 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, 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, personal 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, motels or tourist homes. 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 guest rooms where lodging with or without meals is provided for compensation. 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 K (D 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 dwelling 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 guests for _. compensation. A Bed and Breakfast establishment is included in this definition. SECTION 3. ENFORCEMENT. The Chief Building Inspector shall be responsible for the administration and enforcement of the provisions of this section. SECTION 4. RENTAL OCCUPANCY PERMIT REQUIRED. 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. SECTIONS. APPLICABILITY AND EXCEPTIONS. (A) 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. (B) The provision of this chapter shall not apply to Hotels and Motels, Tourist Homes, Nursing Homes, or Assisted Care Dwelling Units, Residential Care Facilities as described by KRS 100.982, Hospitals and Sanitariums. SECTION 6. APPLICATION FOR RENTAL OCCUPANCY PERMIT. (A) Within thirty (30) days following the effective date, the landlord of a rental dwelling unit shall make written application to the Inspection Department for a rental occupancy permit to carry on the business of renting a residential dwelling unit. Such application shall be made on a form furnished by the Inspection Department for such purpose and shall set forth the following information: (1) 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. (2) 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; (3) 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; (4) Street address of the rental dwelling unit; and (5) Number of rental dwelling units within the rental dwelling; (B) To determine compliance with this chapter and the code, every applicant shall authorize an inspection of the premises. (C) It shall be unlawful for any person to make any false statements in an application for a rental occupancy permit. SECTION 7. TEMPORARY PERMIT. 3 391 392 (A) The Inspection Department 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; (B) 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 dwelling or the rental dwelling unit complies with the standards required by this chapter. (C) 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 appeal of such determination is exhausted. SECTION 8. ISSUANCE OF PERMIT. (A) Following the filing of an application, a city's code official shall cause an inspection to be made of the rental dwelling unit and rental dwelling identified in the application. This inspection shall be made within three (3) 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. (B) 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 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. (C) Only one (1) 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. SECTION 9. STANDARDS FOR ISSUANCE OF PERMIT. The standards for the issuance and continuance of a rental occupancy permit shall be as follows: (A) 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 units, to promote efficiency, the code official shall inspect the minimum units necessary to assess the overall condition of the premises. (B) The landlord has been issued an occupation business license and has paid all fees and taxes as required under Chapter 106 of the Paducah Code of Ordinance. (C) 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. (D) The landlord has paid all fees as required under this chapter. (E) The landlord has paid all City of Paducah property maintenance liens on the property for which a permit is applied. SECTION 10. DETERMINATION OF NONCOMPLIANCE. (A) If a code official determines that any dwelling unit or units, or any part of the premises relating thereto, fail to comply with Section 9(A) or that the landlord has failed to comply with Section 9(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 (10) 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 4 393 within a specified period of time as reasonably determined by the code official. The period of 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. (B) 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. SECTION 11. 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: (A) That the code official has determined that the landlord has failed to comply with the standards as set forth in section 9; (B) The specific reason or reasons why the standards have not been satisfied including copies of applicable inspection reports; (C) That the denial or suspension of the permit will become effective unless the landlord appeals the determination within ten (10) days after receipt of the notice in the manner provided in section 13; (D) 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; (E) The notice shall describe how an appeal may be filed under section 13. (F) 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. SECTION 12. REVOCATION OF PERMIT -CRIMINAL ACTS OR NUISANCE. (A) 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) o f this section shall be subject to a revocation of the landlord's rental occupancy permits as provided herein. (B) The landlord shall abate such activity in the manner as hereinafter provided. (1) 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. (2) 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 (1) year following the issuance of a previous 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 (10) 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 5 394 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 (6) months of the date of revocation. (3) Any eviction proceeding brought by the landlord shall be timely and diligently prosecuted by the landlord in a bonafide manner. (4) 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. (C) 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 11. SECTION 13. APPEALS PROCEDURE. (A) Any landlord wishing to appeal the determination of a suspension, revocation, or denial shall file a written notice of appeal with the Inspection Department within ten (10) days after receipt of the notice of the suspension, revocation, or denial. The initial appeal shall be taken before the Chief Building Inspector. The Chief Building Inspector 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 Chief Building Inspector shall make his written determination within three (3) business days after the Inspection Department's receipt of the written notice of appeal. (B) In the event the Chief Building Inspector 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 Inspection Department within ten (10) days after the landlord's receipt of the Chief Building Inspector's written determination. Thereafter, the appeal process shall be as follows: (1) 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 paragraph (A) of Section 9, the appeal shall be taken before the Building Code's Appeals Board and shall be processed in accordance with Section 18-123 of the Paducah Code of Ordinances, 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 the Paducah Code of Ordinances. (2) 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 paragraphs (B), (C),(D), or (E) of Section 9 or on Section 12, the appeal shall be taken before the Rental Occupancy Permit Appeals Board in accordance with the following provisions: a) There is hereby established and created an Appeals Board of the City, hereinafter called the Rental Occupancy Permit Appeals Board. 1) The -Rental Occupancy Permit Appeals Board shall consist of three (3) members who shall be appointed by the mayor, subject to the approval of the Board of Commissioners. All members shall be residents of the City. 2) The terms of office for the members of the Rental Occupancy Permit Appeals Board shall be for three (3) year staggered terms with the initial appointments to be made as follows: one (1) member shall be appointed for a term of one (1) year, and two (2) members shall be appointed for a term of two (2) years, after which all members shall be appointed for a term of three (3) years or until their successors are appointed or qualified. Vacancies shall be filled in the same manner as original appointments are made. Members shall serve without compensation. H. 395 3) A majority of the members of the Rental Occupancy Permit Appeals Board shall constitute a quorum for all purposes. A decision reached by a quorum of the Rental Occupancy Permit Appeals Board present at a properly called meeting shall constitute a decision of the entire Board. (3) 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. (4) Any person wishing to appeal the determination of the Building Code's Appeals Board or the Electrical Inspection Appeals Board or the Rental Occupancy Permit Appeals Board shall have the right to appeal to the McCracken Circuit Court. Such appeal shall be filed within thirty (30) days of the date of the determination of the Board. (5) 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. SECTION 14. 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. SECTION 15. DURATION OF PERMIT. (A) A rental occupancy permit shall be valid until the property 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. 7 4) No employee of the City or a member of the Board of Commissioners shall be appointed to the Rental Occupancy Permit Appeals Board. No member of the Board shall hear an appeal in a case in which he has a financial interest. Service on another Board appointed by the City shall not disqualify a person for membership of this Board. b) Upon receipt of an appeal from a Landlord, the Rental Occupancy Permit Appeals Board shall convene a hearing to consider the appeal within fifteen (15) days of the Inspection Department's receipt of the second notice of 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 seven (7) days prior to the date of hearing. The Board shall render a decision within five (5) working days after the hearing. C) The Rental Occupancy Permit Appeals Board is authorized to promulgate its own rules and procedures consistent with this chapter. d) At the hearing, the Rental Occupancy Permit Appeals 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. e) 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 i of the evidence submitted. The Rental Occupancy Permit �-- Appeals Board may affirm, modify, or reverse the action of the code official. The final decision of the Board shall be mailed to the landlord. (3) 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. (4) Any person wishing to appeal the determination of the Building Code's Appeals Board or the Electrical Inspection Appeals Board or the Rental Occupancy Permit Appeals Board shall have the right to appeal to the McCracken Circuit Court. Such appeal shall be filed within thirty (30) days of the date of the determination of the Board. (5) 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. SECTION 14. 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. SECTION 15. DURATION OF PERMIT. (A) A rental occupancy permit shall be valid until the property 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. 7 • • M (B) A prospective new owner of a rental dwelling unit shall make application for a new rental occupancy permit at least ten (10) calendar days prior to the date of sale. SECTION 16. INSPECTIONS. (A) Inspections of rental dwelling units shall be conducted by code officials and shall take place as follows: (1) Upon application for a rental occupancy permit. (2) 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. (3) Upon the determination of a code official that probable cause exists that any rental dwelling unit or rental dwelling is in noncompliance with Section 9(A). (4) Every two year period. (B) 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: a) Geographic distribution and concentration of rental dwellings; b) Rental dwellings with delinquent property taxes; c) Landlords with properties identified by the inspection department as having an excessive number of housing code violations, or a history of noncompliance, or slow compliance, with correction orders; d) Landlords with properties identified by the inspection department as having a history of demolitions being ordered by the City; e) Landlords with properties identified by the inspection department as having a history of demolitions being ordered by the City, and demolished by the City; f) Rental dwellings for which no occupation business license or occupancy permit has been applied; and g) Rental dwelling with an excessive number of police calls for illegal drug offenses, prostitution, violent crimes, or disorderly conduct. (C) 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 twenty-four (24) hours prior to the inspection. If such entry is refused, the code official shall have recourse to every remedy provided by law to secure entry. SECTION 17. FEES. There shall be no fee for issuance or renewal of a rental occupancy permit or for the initial inspection , or for the first follow-up inspection relating thereto. In the event of any further follow-up inspection, a fee of Fifteen Dollars ($15.00) per inspection shall be paid to the Inspection Department. SECTION 18. DISPLAY OF PERMIT. 8 (A) 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. (B) Upon demand by any code official, the landlord must show a valid rental occupancy permit to the code official. (C) Upon demand by a municipal utility company, and so ordered by the Chief Building Inspector, a tenant or landlord, must produce a valid occupancy permit prior to establishment of utility service. SECTION 19. REMEDIES IN THIS ARTICLE 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 ordinance 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 apply. SECTION 20. 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 (5) years after the issuance of such certificate of occupancy. SECTION 21. ENFORCEMENT BY INJUNCTION. The landlord's failure, refusal or neglect to comply with any of the provisions of this section may, in 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 jurisdiction. "�. SECTION 22. 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. SECTION 23. EFFECTIVE DATE. The effective date of this chapter for the enforcement of the provisions herein is April 1, 2000. SECTION 24. PENALTY FOR VIOLATION OF SECTION. Any person violating 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. SECTION 25. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ALBERT JONES, M&ZR ATT T: AEN SMITH, CI CLERK Introduced by the Board of Commissioners, January 18, 2000 Adopted by the Board of Commissioners, January 25, 2000 Recorded by Lenita Smith, City Clerk, January 25, 2000 Published by The Paducah Sun, /, -,Oce, 6015 N� 397