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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED REAL PROPERTY. Real property or any improvements thereon that is vacant, unoccupied, or not in use for a period of one year and which is any of the following: neglected, dilapidated, unsanitary, vermin infested, not serviced by public utilities, dangerous to the safety of persons, unfit for its intended use, by reason of neglect or lack of maintenance had become a place for the accumulation of trash or debris, or has been tax delinquent for a period of at least three years.
ABATEMENT COSTS. A local government’s necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation and to maintain and preserve the public health, safety, and welfare in accordance with any local government ordinance.
CODE OFFICIAL. Property Maintenance Code Enforcement officer(s) or their duly authorized representatives, all of whom are charged with the administration and enforcement of this subchapter. In the event the city does not have a CODE OFFICIAL, the City Attorney shall have full power and authority to enforce this subchapter but shall have no authority to issue a violation or citation.
CREDITOR. A federal or state chartered bank, savings bank, savings and loan association, or credit union, and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, services.
DEMOLITION. Shall be defined as the act of demolishing or raising of a building, structure or part thereof to the ground level or as further defined within a permit or written directive issued by a code official.
FINAL ORDER. Any order:
(1) Issued by the Code Enforcement Board following a prescribed hearing;
(2) Created because a violator neither paid nor contested the citation within seven days as provided by ordinance; or
(3) Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided by ordinance.
IMMINENT DANGER. A condition which is likely to cause serious or life threatening injury or death at any time.
JUNKED APPLIANCE. Any unit, or part thereof, of machinery, furniture, or equipment, whether functional or ornamental, and whether mechanical or powered by some source of energy or not, including, but not limited to, stoves, refrigerators, television sets, beds, lamps, tools, objects of art, and the like, the condition of which upon inspection, are found to be in one or more of the following conditions:
(1) Wrecked;
(2) Dismantled;
(3) Partially dismantled;
(4) Inoperative;
(5) Abandoned;
(6) Discarded;
JUNKED MOTOR VEHICLES. Any vehicle, device or other contrivance, or parts thereof, propelled by human or mechanical power that if operational, would be used for transportation of persons or property on public streets and highways, which upon inspection, are found to be in one or more of the following conditions:
(1) Wrecked;
(2) Dismantled;
(3) Partially dismantled;
(4) Inoperative;
(5) Abandoned;
(6) Discarded;
OFFENSES.
(1) FIRST OFFENSE. A violation of this property maintenance code as per a citation issued on a specific parcel or property on one occasion within 24-month period.
(2) SECOND OFFENSE. Any combination of violations of this property maintenance code as per citation issued on a specific parcel of property on two occasions within a 24-month period.
(3) THIRD + OFFENSE. Any combination of violations of this property maintenance code as per a citation issued on a specific parcel of property on three or more occasions within a 24-month period.
ORDINARY PUBLIC VIEW. A sight line within normal visual range by a person on a public street or sidewalk adjacent to real property;
ORDINARY VIEW. A sight line within normal visual range by a person on a public street or sidewalk or adjacent real property.
OWNER. A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
PARTS CAR. An automobile that is not intended to be operated along streets and roads, but is used to provide parts for the restoration of other automobiles.
PERSON. Any individual firm, business, partnership, association, corporation, company or organization of any kind.
PREMISES. A lot, plot, or parcel of land, including any structures upon it.
PROPERTY MAINTENANCE CODE. The “nuisance code” as that term is defined in KRS 82.700(3). It shall consist of all the provisions set forth herein and any pursuant to KRS 82.700 et seq. and/or other state law or other nuisance statutes, as maybe amended from time to time.
PROPERTY MAINTENANCE CODE ENFORCEMENT BOARD or CODE ENFORCEMENT BOARD or BOARD. The administrative body erected and acting under the authority of the KRS 82.700 to 82.725 and other state law.
PROPERTY MAINTENANCE CODE ENFORCEMENT OFFICER or CODE ENFORCEMENT OFFICER. All city citation officers and other positions authorized to enforce the municipal code. In the event the city does not have a Property Maintenance Code Enforcement Officer or Code Enforcement Officer, the City Attorney shall have full power and authority to enforce this subchapter but shall have no authority to issue a violation or citation.
REMEDY. The action taken to abate any nuisance, in order to bring the property determined to be in violation, into compliance with the requirements of this property maintenance code.
RENTAL PROPERTY. Any real property in which a person receives payment by another for use or occupation of the property, however it shall not include the primary residence of the person receiving payment by another for the use or occupation of the property.
RESIDENTIAL PROPERTY. Real property with one to four dwelling units.
VACANT. Any real property with no legal resident or tenant. Evidence of vacancy includes any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to overgrown or dead vegetation, accumulation of flyers, mail, or trash, disconnected utilities, the absence of window coverings or furniture, and statements by neighbors, delivery persons, or government employees.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016; Ord. 2023-03, passed 5-16-2023)
The Code Enforcement Officer and Code Enforcement Board shall have jurisdiction over and shall enforce this property maintenance code and all other ordinances hereafter adopted which specifically provide for the enforcement by the Code Enforcement Officer(s) or Code Enforcement Board, in the manner set forth herein.
(Ord. 92A, passed 8-19-2013)
(A) Powers and responsibilities of the Code Officer(s) include, but are not limited to, conducting investigations, conducting inspections, recording and documenting conditions, obtaining outscored inspection services, issuance of notice of violation or other notice as authorized herein, issuance of citation, appeal process, abatement of nuisance, right of entry, modifications, and all other powers vested under applicable statutes and this property maintenance code.
(B) Enforcement proceedings under the property maintenance code shall be initiated by the issuance of a notice of violation or a citation by a Code Enforcement Officer.
(C) Except as provided herein, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated the property maintenance code, he or she is authorized to issue a citation to the violator. In lieu of a citation, the Code Enforcement Officer may give the violator a notice of violation that a violation has occurred and allow the violator a specified period of time to remedy the violation without fine. The time allowed by the Code Official shall depend on the nature of the violation and the time necessary to remedy the violation as determined by the Code Official. If the violator has been issued a notice of violation and fails or refuses to remedy the violation within the time specified, the Code Official is authorized to issue a citation. Informal settlement of matters under this subchapter is encouraged.
(D)
The following provisions shah govern all enforcement powers, responsibilities and procedure administered by the Code Enforcement Officer(s):
(1) Notice of violation. If a Code Enforcement Officer believes, based on the Officer's personal observation or investigation, that a person has violated the Property Maintenance Code, the Code Enforcement Officer may issue a notice of violation to the property owner, resident, tenant, occupant, persons having control or management of the property or other violator, allowing that person a specified and reasonable number of days to abate the violation. The violator may, upon request, be allowed a reasonable extension of time to abate the violation without imposition of any charges, costs, penalties, and fees, in the sole discretion of the Code Enforcement Officer or Code Official. If the violator fails to abate the violation within the time prescribed therein, the Code Enforcement Officer may issue a citation for the violation. In the event the Code Enforcement Officer is of the opinion that the property represents an imminent danger to the public health and safety, the Code Enforcement Officer shall have the right to require immediate action to bring the property into compliance with this subchapter and/or take all steps necessary to make the property safe.
(2) Notice of violation procedure. Notice of violation issued by Code Enforcement Officer for violations of the property maintenance code shall contain the following information.
(a) The address, location or description of the property found to be in violation of the property maintenance code;
(b) The date and time of inspection;
(c) The name and address of the person to whom the notice is issued;
(d) The date the notice is issued;
(e) The facts constituting the violation;
(f) The section of the property maintenance code violated;
(g) The name of the Code Enforcement Officer;
(h) The fines, charges, costs, penalties, and/or administrative fees, which may be imposed for the violation if it is not abated in the manner required by the code the Code Enforcement Officer; and
(i) The maximum fine that may be imposed under the property maintenance code for the violation in question.
(3) Issuance of citation. If a Code Enforcement Officer believes based on the Officer's personal observation or investigation, that a person has violated the property maintenance code, the Officer may issue a citation to the property owner, resident, tenant, occupant, persons having control or management of the property or other violator. The citation shall represent a determination by the Code Enforcement Officer that a violation has been committed and that determination shall be final unless it is contested by the alleged violator by appealing to the Code Enforcement Board in the manner prescribed herein.
(4) Citation procedure. Citations issued by a Code Enforcement Officer for violations of the property maintenance code shall contain the following information:
(a) The address, location or description of the property found to be in violation of the property maintenance code;
(b) The date and time of inspection;
(c) The name and address of the person to whom the citation is issued;
(d) The date the citation is issued.
(e) The facts consisting the offense;
1. The section of the property maintenance code violated;
2. The name of the property maintenance Code Enforcement Officer;
3. The fines, charges, costs, penalties, and/or administrative fees, imposed for the violation if the citation is not contested in the manner prescribed within this section;
4. The maximum fine that may be imposed under this section for the violation in question if the person elects to the contest the citation;
5. The procedure for the violator to follow in order to pay the fine or to contest the citation;
6. A statement that if the violator fails to pay the fine set forth in the citation or contest the citation within the time allowed, the violator shall be deemed to have waived his or her right to a hearing before the Code Enforcement Board to contest the citation and the code enforcement officer's determination that the violation occurred shall be final; and
7. Notice that a lien may be filed against the property on which the violation occurred and that proceedings to enforce the lien may be initiated to collect fines, charges, costs, penalties, and/or fees, including attorney and administrative fees.
(5) Type and delivery of a notice of violation or citation. A notice of violation and a citation shall each be in writing and shall be reasonably calculated to inform the violator of the nature of the violation. A notice of violation and citation must each be issued by either:
(a) Personal service via hand-delivery to the property owner, resident, tenant, occupant, persons having control or management of the property or other violator; or
(b) Leaving a copy of the notice of the violation or citation with any person 18 years of age or older who is on the premises, if the alleged violator is not on the premises at the time the notice of violation or citation is issued; or
(c) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the notice of violation or citation by regular first-class mail of the United States Postal Service to the last known property owner of record as listed in the Hopkins County Property Valuation office. Owners of rental property may register their properties with the City Clerk to receive service at any address other than that listed in the Hopkins County Property Valuation office.
(6) Notification of citation to Code Enforcement Board. In the event a property owner files a written notice appealing the issuance of a violation or citation within the time provided by this subchapter, a copy of the citation or violation and a copy of the appeal shall be delivered to the Code Enforcement Board.
(7) Abatement of nuisance other than weeds or grass. If the violator does not contest the citation within the time prescribed, the city may, through methods as determined by the city, abate the nuisance and the property owner, resident, tenant, occupant, persons having control or management of the property or other violator at the time the violation occurred shall be liable for all fines, fees, abatement costs, and penalties assessed for the violation.
(8) Abatement of weeds and grass nuisance. Upon the issuance of a citation for weeds and/or grass nuisance, the Code Enforcement Officer may, with the citation, serve the violator with notice that the city shall cause such violation to be abated after the expiration of seven days if the person to whom the citation was issued has not remedied the violation. If the person timely contests the citation, and, after having considered the evidence in the matter, the Code Enforcement Board dismisses the citation or that portion of the citation alleging weeds and/or grass nuisance violations, the city may not recover the abatement costs to remedy the alleged weeds and/or grass violations which were dismissed.
(9) Emergency abatement. No section of this subchapter above shall prohibit the city from taking immediate action to abate any violation of this property maintenance code without prior notice to the property owner, resident, tenant, persons having control or management of the property, or other occupant when a code official, upon inspection of the property, has reason to believe that a violation presents a serious and imminent threat to any person, the public's health, safety, or welfare, or if in the absence of immediate remedial action, the effects or consequences of a violation will, within reasonable probability, cause irreparable or irreversible harm and/or property damage.
(10) Liability. The code officials charged with the enforcement of this section, while acting within the course and scope of their duties under this section, shall not thereby be rendered liable personally and are hereby relieved from any and all personal liability for injuries and damage to persons or property. Any suit instituted against any Code Enforcement Officer, code official or employee because of a lawful act performed by that officer, code official or employee in the discharge of duties imposed under the provisions of this or any other section shall be defended by the city until final adjudication of any proceedings.
(11) Discretionary modifications. The Code Official shall have the discretion to modify a notice of violation or citation provided the Officer shall first find that special circumstances that makes strict compliance with this property maintenance code impractical and the modification is in compliance with the intent and purpose of this property maintenance code and that such modification does not violate health, life and fire safety requirements.
(12) Each day as a separate offense. If the property owner, resident, tenant, occupant, persons having control or management of the property, or other violator does not abate the violation in the time provided, another citation may be issued in accordance with division (C), for each subsequent and separate violation of the property maintenance code and each day that such violation remains may constitute a separate offense under this property maintenance code.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016; Ord. 2023-03, passed 5-16-2023)
The following details the appeal process:
(A) Appeal of citation. When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days following the issuance by either paying the fines, charges, costs, penalties and/or fees, including administrative fees assessed therein, or by filing an appeal in writing with the City Clerk of the City of Dawson Springs, Kentucky, at City Hall, Dawson Springs, Kentucky, 42408, requesting a hearing before the Code Enforcement Board.
(B) Violation must be corrected. Payment of assessed fines, charges, administrative fees and penalties shall not relieve the property owner, resident, tenant, occupant, persons having control or management of the property, or other violator from his or her obligation to bring the property on which the violation occurred into compliance with the property maintenance code within a reasonable time thereafter, as solely determined by the Code Enforcement Officer.
(Ord. 92A, passed 8-19-2013)
There is hereby created with jurisdiction to enforce the property maintenance code, a Property Maintenance Code Enforcement Board (hereafter the “Code Enforcement Board”), which shall be composed of three members.
(A) Qualifications. Members of the Code Enforcement Board shall have resided within the city for a period of at least one year prior to appointment to the Code Enforcement Board, and shall maintain residency throughout the term of their appointment.
(B) Appointment. Members shall be appointed by the Mayor of the city with the approval of the City Council.
(C) Term. All Code Enforcement Board appointments shall be for a term of three years.
(D) Vacancy. If a vacancy on the Code Enforcement Board occurs, the mayor with approval of the City Council, shall within 60 days of the vacancy, appoint a new member or members. If the vacancy is not filled within the prescribed time period, the City Council shall appoint a member to fill the vacancy.
(E) Removal. Members of the Code Enforcement Board shall only be removed therefrom by the City Council for misconduct, inefficient or willful neglect of duty. Prior to removal, the Mayor or member(s) of the City Council requesting same, shall submit the removal decision in writing to the member in question and the reasons for it.
(F) Liability. Members of the Code Enforcement Board charged with the enforcement of this section, while acting on behalf of the city and within their official duties and capacity, shall not thereby be rendered liable personally, and are hereby relieved individually and collectively from all personal liability for any injury and/or damages to persons or property as a result of the discharge of official duties imposed herein. Any suit instituted against any Code Enforcement Board member because of an act performed by that Code Enforcement Board member in the lawful discharge of duties and under the provisions of this section shall be defended by the legal representative of the city until the final determination of the proceedings.
(G) Training. Members of the Code Enforcement Board shall receive training related to the conduct of administrative hearings in accordance with procedures set out in KRS 13B.080.
(Ord. 92A, passed 8-19-2013; Ord. 2023-03, passed 5-16-2023)
The Code Enforcement Board shall have the powers to:
(A) Adopt any and all policies, rules and regulations, reasonably required to implement, administer and conduct its business and hearings brought before it.
(B) Conduct evidentiary hearings to determine whether there has been a violation of the property maintenance code. Any member of the Code Enforcement Board, including the chairperson, maybe assigned to conduct hearings on behalf of the Code Enforcement Board.
(C) Subpoena alleged violators, witnesses, and evidence to its hearings. Subpoenas issued by the Code Enforcement Board may be served by any code enforcement officer, code official, or any person authorized under applicable law.
(D) Take testimony under oath. The chairperson of the Code Enforcement Board, or an assigned hearing officer, or counsel to the Code Enforcement Board shall have the authority to administer oaths to witnesses prior to their testimony before the Code Enforcement Board or hearing officers on any matter.
(E) Make findings and issue orders that are necessary to remedy any violation of the property maintenance code.
(F) Impose fines, charges, costs, penalties, and/or fees, including administrative fees, on any person to have violated the property maintenance code.
(G)
Charges for nuisance abatement shall be a lien on the premises. Nuisance abatement charges shall include labor, equipment usage, fuel and oil, attorneys' fees, filing fees, publication costs, court costs, and all other fees and charges whenever incurred by the city for the abatement of the nuisance, enforcement of the lien and foreclosure on the property. Whenever a bill for charges remains unpaid for 60 days after it has been rendered, the City Clerk may file with the County Clerk a nuisance abatement lien. This lien shall contain a legal description of the premises, the expenses and costs incurred, the date the nuisance was abated and a notice that the city claims a lien for charges. Notice of the lien claim shall be mailed to the owner of the premises at his or her the last known address.
(H) The City Attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over the matter, against any property for which the bill has remained unpaid 60 days after it has been rendered.
(Ord. 92A, passed 8-19-2013; Ord. 2023-03, passed 5-16-2023)
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