Loading...
(A) Demolition permit required. It shall be unlawful to demolish any building, structure or part thereof without filing a written application for a demolition permit with the City Clerk.
(B) Demolition permit fees. For the demolition of any building, structure or part thereof, the permit fee shall be established by the City Mayor, but shall not be less than the following:
(1)
Twenty-five dollars ($25) for all residential or any small commercial that is one story and less than 3,000 square feet.
(2) Twenty-five dollars ($25) for any private, residential accessory structure (garages and storage sheds over 150 square feet).
(3) Fifty dollars ($50) for any commercial and industrial structures and all others exceeding 3,000 square feet.
(C) Double fee. Where work for which a permit is required by this subchapter is started or proceeded with prior to obtaining the required permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this division in the execution of the work nor from any other penalties prescribed herein.
(D) Demolition or alteration of common or fire wall. When demolition of any structure involves alterations to a common, party wall or a fire wall or fire separation wall, the owner or contractor is (1) required to submit detailed plans to the building official detailing scope of work to correct any defects in the remaining wall(s) and (2) post a bond with the City Clerk in an amount not less than $20,000 to insure proper completion of the exposed, remaining wall to building code standards.
(E) Liability insurance. Proof of liability insurance is required to be submitted to the City Clerk by the contractor prior to issuance of demolition permit for protection of adjoining properties and public right-of-way improvements.
(F) Time limit. The Code Enforcement Officer or Code Official may impose a time limit as an additional condition of a permit for completion of demolition work once such work shall have commenced, provided that for cause one or more extensions of time, for periods not exceeding 30 days each, may be allowed in writing by the Enforcement Officer.
(G) Standards. The following standards shall apply to demolition:
(1) Demolition work, having commenced, shall be pursued diligently and without unreasonable interruption with due regard to safety. It is the intent of this section to limit the existence of an unsafe condition or nuisance on the premises during the period of demolition operations.
(2) Any surface holes or irregularities, wells, septic tanks, basements, cellars, sidewalk vaults, or coal chutes remaining after demolition of any building or structure shall be filled with material as approved by the enforcement officer, and shall be graded in such manner that will provide effective surface drainage. Any surface irregularities resulting from the demolition process shall be leveled to match surround grade.
(3) All debris and accumulation of material resulting from demolition of any building or structure shall be removed from all premises.
(4) All building sewers shall be effectively plugged at the property line as may be required.
(H) Inspections. The Code Enforcement Officer shall make the following inspections
upon notification from the permit holder or his or her agent:
(1) Initial inspection is to be made after all utilities connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or remain after demolition operations.
(2) Final inspection is to be made after all demolition work is complete,
(I) Owner and contractor responsible. The provisions of this section may be enforced against either the owner or any person or contractor performing the work or both.
(Ord. 92A, passed 8-19-2013; Ord. 2023-03, passed 5-16-2023)
The following requirements shall govern all enforcement proceedings before the Code Enforcement Board:
(A) Enforcement proceedings shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Except when immediate action is necessary pursuant to this chapter if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person or owner has violated a city ordinance, he or she shall issue a notice of violation allowing the alleged violator a specified period of time to remedy the violation without incurring a fine. If the alleged violator fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(C) The Code Enforcement Officer shall issue a citation by one of the following methods:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the 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 citation is issued; or
(3) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(D) The citation issued by the Code Enforcement Officer shall contain the following information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The physical address of the premises where the violation occurred;
(4) The date and time the offense was committed;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance violated;
(7) The name of the Code Enforcement Officer;
(8) The civil fine that may be imposed for the violation, including, if applicable:
(a) The civil fine that will be imposed if the person does not contest the citation; and
(b) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation within the time allowed the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation; the determination that the violation was committed shall be final; the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation; and the person shall be deemed to have waived the right to appeal the final order to District Court.
(E) 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.
(F) (1) The person or owner to whom the citation is issued shall respond to the citation within seven days of the date of issuance by either paying the civil fine or requesting, in writing, a hearing to contest the citation. If the person or owner fails to respond to the citation within seven days, the person or owner shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final. In this event, the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation, and the person or owner shall be deemed to have waived the right to appeal the final order to District Court.
(2) Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice.
(Ord. 2016-02, passed 7-14-2016; Ord. 2023-04, passed 5-16-2023)
(A) The city shall possess a lien on property owned by the person found by a final, nonappealable final order as defined herein, or by a final judgment of the court, to have committed a violation of a local government ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the local government in connection with the enforcement of the ordinance, including abatement costs, reasonable attorney fees and court costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
(B) The lien shall take precedence over all other subsequent liens, except state, county, school board, and city taxes; and shall continue for ten years following the date of the nonappealable final order, or final judgment of the court; and may be enforced by judicial proceedings, including an action to foreclose.
(C) In addition, to the remedies described hereinabove, the person found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees, and abatement costs incurred by the City of Dawson Springs in connection with the enforcement of this chapter. The City of Dawson Springs may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 2016-02, passed 7-14-2016; Ord. 2023-04, passed 5-16-2023)
Loading...