Loading...
ENFORCEMENT AND ADMINISTRATIVE PROCEDURES
§ 151.30 BUILDING INSPECTOR.
   (A)   The administration of this chapter shall be the responsibility of the Building Inspector. He will work in close cooperating with the Fire Chief or his delegate, the County Health Department, and other officials and agencies and he may seek their written opinions concerning the conditions of dwellings or other buildings.
   (B)   The Building Inspector and his assistants shall be free from personal liability for acts done in good faith in the performance of official duties.
   (C)   The Building Inspector or any one of his assistants shall have no financial interest in the furnishing of labor, appliances, or materials for the construction, alteration, or maintenance of a building except where he is the owner and shall not act as agent for the real estate sales, leases, or rentals.
   (D)   The powers and duties of the Building Inspector are as follows:
      (1)   The Building Inspector is authorized to conduct surveys and make inspections in any area of the community to determine compliance with this chapter or any other chapters he is empowered to enforce.
      (2)   The Building Inspector shall investigate all written complaints alleging or charging that a violation of this chapter exists, or that a building or dwelling is unsafe for human habitation or other occupancy.
      (3)   For the purpose of making surveys, inspections, and investigations, the Building Inspector and authorized personnel are hereby authorized upon identification and statement of purpose, to enter, inspect, survey, and investigate between the hours of 8:00 a.m. and 8:00 p.m. , or at any time if any emergency exists, or if requested by the owner or occupant, all buildings, dwellings, dwelling units, rooming units, or general premises. The owner or occupant of every building, dwelling, dwelling unit, rooming unit, or general premises, or the person in charge thereof, shall give the Building Inspector free access to the building, dwelling, dwelling unit, rooming unit, or general premises, for the purpose of the inspection, survey, or investigation.
   (E)   The Building Inspector shall keep records of all complaints received.
('76 Code, § 210.02) Penalty, see § 151.99 
§ 151.31 BOARD OF BUILDING AND HOUSING APPEALS.
   (A)   Creation. There is hereby created a Board of Appeals to be known as the "Board of Building and Housing Appeals," consisting of five members appointed by the Mayor with approval of City Council.
   (B)   Members. Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a tem of three years and thereafter they shall be appointed for a term of four years. Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the appointing authority, render any member liable to immediate removal from office.
   (C)   Quorum. Three members of the Board shall constitute a quorum in varying the application of any provisions of this chapter or in modifying an order of the Building Inspector, affirmative votes of the majority present, but not less than three affirmative votes shall be required. No Board member shall act in a case in which he has a personal interest.
   (D)   Rules and regulations. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this chapter. The Board shall meet at regular intervals to be determined by the Chairman, or in any event the Board shall meet within ten days after notice of appeal has been received.
   (E)   Powers. The Board shall have the power to administer oaths.
   (F)   Variances. Where, because of conditions peculiar to a particular building, it would be unreasonably difficult to meet the literal requirements of this chapter, a variance may be granted by the Board upon written application therefor. The application shall state in writing the reasons why the variance should be made. A variance shall be granted only where it is evident that reasonable safety and sanitation is assured, and may include conditions not generally specified by this chapter in order to achieve the end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the Building Inspector and a copy shall be given to the applicant.
   (G)   Appeals.
      (1)   Whenever it is claimed that the true intent and meaning of this chapter has been wrongly interpreted, or that the time allowed for compliance is unreasonable, the owner, his agent or the occupant, as the case may be, may file a notice of appeal from the decision or order of the Building Inspector. The notice shall be in writing and filed within ten days after the decision or order of the Building Inspector has been made.
      (2)   The Board, upon appeal, may modify the decision or order of the Building Inspector. Its decision shall be final, subject however, to such remedy as any aggrieved person may have under § 151.36. The Board's decision shall be in writing, shall be filed with the City Clerk, and a certified copy shall be given to the applicant.
('76 Code, § 210.03)
                               
Statutory reference:
   Local appeals boards, see KRS 198B.070
§ 151.32 NOTICE OF VIOLATION.
   (A)   The Building Inspector shall for each inspection made, make an inspection report noting any violation of this chapter or conditions which indicate that the dwelling is unsafe. He shall give a copy to he owner or occupant, or both, as the case may require, and shall retain one copy. Except where a complaint is served as provided in § 151.31 at the time of the inspection, the report shall serve as a notice to the affected person that there is a violation of this chapter and may contain a time limit for compliance.
   (B)   The Building Inspector may issue and cause to be served, in the manner prescribed in § 151.33, a complaint charging that a dwelling is unfit or that a building is unsafe; if his inspection discloses a basis for so charging the complaint shall state: that a hearing shall be held before the Building Inspector (or his designated agent) at a place therein fixed not less than ten days nor more than 30 days after the serving of the complaint; that the owners or parties in interest may file an answer to the complaint and may appear in person or otherwise to give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts of law or equity shall not be controlling in hearings before the Building Inspector.
   (C)   If after the notice and hearing, the Building Inspector determines that the dwelling or dwelling unit under consideration is unfit for human habitation, or the building is dangerous, he shall state in writing his findings of fact in support of the determination, and shall issue and cause to be served upon the owner thereof an order. To the intent and within the time specified in the order the owner shall repair, alter, or improve the dwelling or other building to render it fit and safe; or if the repair, alteration, or improvement can be made at a cost of more than 25% of the physical cost of the building not less than 50% of the value of the building, the portions to be repaired, altered, or improved shall be made to conform to the requirements of the building code for new buildings to the extent as the Building Inspector may require.
   (D)   If an existing building is damaged by fire or otherwise in excess of 50% of the then physical value before the damage is repaired, it shall be made to conform to the requirements of this chapter for new buildings.
   (E)   If the occupancy of an existing building is entirely changed the building shall be made to conform to the new occupancy. If the occupancy of only a portion of the existing building is changed and that portion is separated from the remainder, then only these portions need to be made to conform.
   (F)   Repairs and alterations not covered by the preceding divisions of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this chapter or in a manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than 12 months unless the entire roof covering is made to conform with requirements of the building for new buildings.
   (G)   The assessed value for the dwelling or building for the city tax purposes shall be prima facie evidence of its value.
('76 Code, § 210.04)
   (H)   Whenever the Building Inspector determines that a hazardous or unsanitary premises exists in the city, he shall cause a registered letter to be sent to the owner of the premises, wherein the hazardous or unsanitary conditions shall be described fully and in detail. The owner of the premises shall be notified that he has 30 days in which to alleviate the conditions, and should he fail, the city work crew will undertake to do so at the owner's expense. If, after 23 days the conditions are not alleviated, the Building Inspector shall send a second registered letter, setting out the above details and informing the owner that he has one week left to perform. Should 30 days expire and the city work crew be forced to do the necessary work, the reasonable charge for the work shall be put on the owner's next tax bill, and same shall be a lien against the property until paid.
('76 Code, § 210.07(B))
§ 151.33 SERVICE OF REPORTS, NOTICES, AND THE LIKE.
   Reports or notices issued by the Building Inspector pursuant to this chapter shall be served upon persons involved either personally or by registered mail, but if the whereabouts of any person is unknown and the same cannot be ascertained by the Building Inspector in the exercise of reasonable diligence, and the Building Inspector shall make an affidavit to that effect, then the serving of a complaint or order upon the person may be made by publishing the same once a week for two successive weeks in the official newspaper of the city and service shall be deemed complete upon the data of the last publication. A copy of the complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order and shall be recorded in the office of the Circuit Clerk of the county wherein the dwelling or building is located
('76 Code, § 210.05)
§ 151.34 FAILURE TO COMPLY.
   (A)   If the owner of a dwelling or other building fails to comply with the order of the Building Inspector to repair, alter, improve, vacate, close, remove, or demolish the dwelling, dwelling unit, or building, the Building Inspector may cause the dwelling, dwelling unit, or building to be repaired, altered, or improved, or to be vacated, closed, removed, or demolished. The Building Inspector may cause to be posted on the main entrance, a placard with the following words:
"This building is unfit for human habitation or other use; the use or occupation of this building for human habitation or other use after ___________ is unlawful and is prohibited."
   (B)   No person shall deface or remove the placard or other notice required hereunder from any dwelling, dwelling unit, rooming house, rooming unit, or building. The Building Inspector shall cause the placard to be removed whenever the defects upon which the placard action was based have been corrected or removed.
   (C)   The amount of the cost of the repairs, alterations, improvements, vacating, closing, removal, or demolition by the Building Inspector, including the cost of advertising and publication of notices, shall be the personal debt and liability of the owner or owners and shall be a lien against the real property upon which the cost was incurred. The cost shall place against the property upon the city's property books and may be collected, and the liens may be foreclosed, in the same manner as taxes and tax liens are collected and foreclosed, or by other civil suit or process. If the dwelling, dwelling unit, or building and shall credit the proceeds of the sale against the cost of removal or demolition, and any balance remaining shall be deposited to the Circuit Court by the Building Inspector, shall be secured in the manner as may be directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the courts.
   (D)   Failure on the part of any owner or party in interest to receive or have served upon him any complaint, notice, or order herein provided for, shall not affect or invalidate the proceedings with respect to any other owner or party in interest or of any other person, firm, or corporation.
('76 Code, § 210.06) Penalty, see § 151.99 
§ 151.35 DUTIES OF CITY ATTORNEY.
   The City Attorney shall, upon complaint of the Building Inspector, or upon his own motion, institute appropriate action to restrain, enjoin, abate, correct, or remove the violation, and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law, and any and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as the waiver of the right to pursue any and all of the others.
('76 Code, § 210.08) Penalty, see § 151.99
Loading...