HomeMy WebLinkAbout95-8-5345305
ORDINANCE NO. 95 -8 -_-
AN ORDINANCE AMENDING SECTION 17-21 AND CREATING
SECTIONI71,i�-23 OF CHAPTER 173-�, LITTER, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 171,�-21, Clearing of litter from open private property
by city, of Chapter 17'!, Litter, of the Code of Ordinances of the City of Paducah, Kentucky is
hereby amended to read as follows:
"Section 171,i�-21. 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 or 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 danger-eus detrimental to public health safety or
welfare. Such notice shall be by registered mail, addressed to said owner, occupant. or person
having control or mans e� ment 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 Mone 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 litters detrimental to the public
health, safety or welfare within4en440) five 5 days after receipt of written notice provided for
in subsection (a) above, or within twenty (20) 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 hereof, provided the same was properly addressed to the last known address of such
owner, cr 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.
(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
C- h 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 hereof shall be prima facie evidence that all
9.
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."
SECTION 2. That Section 171,!�-23, Citations of Chapter 171-�, Litter, of the Code
of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows:
"Section 171,�-23. Citations
Any person found by the building inspector to be in violation of the provisions of
171-2-18, 171-g--19, 171,g-20, and 171-ik-21; and after written notice has been'given per 17-21 (a),
the building inspector may issue a citation. Upon conviction in the court of proper jurisdiction the
person shall be fined any sum not less than two hundred fifty dollars ($250.00) for each offense.
and each day such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such."
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
i
ity C erk
Introduced by the Board of Commissioners August 8, 1995
Adopted by the Board of Commissioners August 15, 1995
Recorded by Lenita Smith, City CleA August 15, 1995
Published by The Paducah Sun, - -21/ /q 9S
Mayor