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HomeMy WebLinkAbout96-6-5501573 ORDINANCE #96._.; AN ORDINANCE AMENDING SECTION 97.15 OF CHAPTER 97, LITTER, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING THE RECOVERY OF ATTORNEY FEES AND COSTS. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 97.15, Abatement Procedure; Lien, of the Code of Ordinances of the City of Paducah, Kentucky is hereby amended to read as follows: "Section 97.15. Clearing of litter from open private property by city. (A) Notice to remove. The building inspector is hereby authorized and empowered to notify the owner, occupant, or person having control of management of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner's property which is detrimental to public health safety or welfare. Such notice shall be by registered mail, addressed to said owner, occupant, or person having control or management at his last known address as shown on the current tax bill or tax records. If the last known address is known to be faulty, and the current owner cannot be located, an affidavit of diligent search may be filed and no further written notice is required. In order to properly identify the property subject to enforcement per the requirements of this section, the building inspector may placard the offending property. The placard must specify the violation, give dates for which the property has been noticed and when compliance must be made, and be signed by the building inspector or their designee. The placard may not be removed by anyone except the building inspector or their designee. (B) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter detrimental to the public health, safety or welfare within five (5) days after receipt of written notice provided for in subsection (a) above, or within ten (10) days after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the building inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. �V (C) Recorded statement constitutes lien. Where the full amount due the city is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in subsections (a) and (b) above, then, and in that case, the building inspector shall cause to be recorded in the McCracken County Court Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Sworn statements recorded in accordance with the provisions thereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (D) Attorney fees and other costs. The city shall be entitled to recover from the responsible paw or parties all reasonable attorney fees and other costs incurred by the ciy by reason of the collection upon and enforcement of the responsible party or parties' liability hereunder and the lien which secures same." SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: CLERK Introduced by the Board of Adopted by the Board of Commissioners Recorded by City Published by The Paducah Sun ORD\25944 574