HomeMy WebLinkAbout96-6-5505OR
ORDINANCE
AN ORDINANCE AMENDING SECTION 99.04 OF
CHAPTER 999 NUISANCES, 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:
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SECTION 1. That Section 99.04, Abatement Procedure, of the Code of
Ordinances of the City of Paducah, Kentucky is hereby amended to read as follows:
"Section 99.04. Abatement Procedure.
(A) It shall be unlawful for the owner, occupant, or person having
control or management of any land within the city to permit a public nuisance, health
hazard, or source of filth to develop thereon.
(B) Whenever a nuisance situation is discovered, the authorized city
official shall give five days' written notice to remedy the nuisance situation. The notice
shall be mailed to the last known address of the owner of property, as it appears on the
current tax assessment roll. Upon the failure of the owner of the property to comply, the
authorized city official is authorized to send employees upon the property to remedy the
situation.
(C) The city shall have a lien against the property for the reasonable
value of labor and materials used in remedying the nuisance situation. The affidavit of
the authorized city official shall constitute prima facie evidence of the amount of the lien
and the regularity of the proceedings pursuant to KRS 381.770 and this section, and shall
be recorded in the office of the County Clerk. The lien shall be notice to all persons
from the time of its recording and shall bear interest at 6% per annum thereafter until
paid. The lien created shall take precedence over all other subsequent liens, except state,
county, school board, and city taxes, and may be enforced by judicial proceeding. In
addition to this remedy or any other remedy authorized by law, the owner of a property
upon which a lien has been attached pursuant to this section shall be personally liable for
the amount of the lien, including all interest, civil penalties, and other charges and the
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city may bring a civil action against the owner and shall have the same remedies as
provided for the recovery of a debt owed. (KRS 381.770)
(D) Attorney fees and other costs. The city shall be entitled to recover
from the responsible party or parties all reasonable attorney fees and other costs incurred
by the city by reason of the collection upon and enforcement of the responsible >l any 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.
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ALBERT JONES, MA
ATTEST:
TY ERI
Introduced by the Board of Commissioners M F6
Adopted by the Board of
Recorded by City
Published by The Paducah Sun
ORD\25947
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