The following sections and subsections of the aforesaid International Property Maintenance Code
are hereby amended and revised as follows.
(A) Section 101.1 Title; References. These regulations shall be known as the “Property Maintenance Code” of the City of La Grange, Kentucky, and are hereinafter referred to as “this code”. The term “code official” as used herein refers to the Ordinance Enforcement Officer, a nonelected city officer established by § 31.43 of the city’s code of ordinances, also known as the Code Enforcement Officer under Chapter 35A of the city’s code of ordinances, which section established the city’s Code Enforcement Board, an administrative body created and acting under authority of the Local Government Code Enforcement Board Act, pursuant to KRS 65.8801 to 65.8839.
(B) Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the published schedule prescribed by KRS Chapter 65 and approved by the City Council.
(C) Section 106.4. Violation. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements of the code official, may be prosecuted by the code official before the Code Enforcement Board pursuant to the procedures set out in Chapter 35A of the city’s code of ordinances or a court of competent jurisdiction. Each day that a violation continues after notice of violation has been served shall be deemed a separate offense.
(D) Section 112.4. Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform by the code official to remove a violation or unsafe condition, or who shall fail to comply with the requirements of the notice of violation served by the code official, shall be liable for civil fines in the amounts set out in § 112.99 of this code, or subject to remedial orders imposed by the city’s Code Enforcement Board, or both. Further, whenever the code official has reason to believe that a structure is unfit for human habitation, occupancy or use, the code official shall follow the complaint procedure set out in § 155.31 of the city’s code of ordinances.
(E) Section 112.99. Penalty. [new]. Civil fines which may be imposed by the city’s Code Enforcement Board or a court of competent jurisdiction, together with any orders of the Board necessary to remedy a continuing violation within a specified time to avoid the imposition of all or a part of any civil fines, shall be as follows:
(1) If a citation for a violation of an ordinance is not contested by the person charged with the violation, and the person has substantially complied with the remedial conditions, the penalties set forth in this division (E)(1) shall apply:
(a) First offense. A fine of $100, if paid within 30 days of citation, and an additional $50 if not paid within 30 days of citation;
(b) Second offense within two years. A fine of $200 if paid within 30 days of citation, and an additional $100 if not paid within 30 days of citation; and
(c) Third offense within two years and all others. A fine of $500 if paid within 30 days of citation, and an additional $250 if not paid within 30 days of citation.
(2) If a citation is contested and a hearing before the Code Board is required, the maximum penalties set forth in this division (E)(2) shall apply, in addition to requiring compliance with any remedial orders necessary to remedy the violation:
(a) First offense. A fine of $200 if paid within 30 days of final orders, and an additional $100 if not paid within 30 days of final orders;
(b) Second offense within two years. A fine of $400 if paid within 30 days of final orders, and an additional $200 if not paid within 30 days of final orders; and
(c) Third offense within two years and all others. A fine of $1,000 if paid within 30 days of final orders, and an additional $500 if not paid within 30 days of final orders.
(3) The Code Enforcement Board or an assigned hearing officer under KRS 65.8829 may waive all or any portion of a penalty for a violation if it is determined that such waiver will promote compliance with the ordinances in issue, the primary purpose of this section being to affect compliance with established property maintenance standards.
(F) Fees and costs. The Code Board or court may award attorney fees and costs incurred for enforcement or remediation, and the city may place liens upon the property for recovery of same.
(G) Section 302.4. Weeds. Premises and exterior property shall be maintained free from weeds or grass growth in excess of 12 inches. * * * (The remainder of Section 302.4 is unchanged and shall be incorporated verbatim.)
(H) Section 304.14. Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch, and every screen door used for insect control shall have a self-closing device in good working order; provided, however, the code official may waive this requirement where other approved means of insect control are employed, such as air curtains or insect repellent fans.
(I) Section 602.3. Heat supply (general). Every owner and operator of occupiable living quarters in the city shall supply am approved heating source capable of maintaining minimum temperatures of 65 to 68°F in all habitable or occupiable areas.
(J) Section 602.4. Heat supply (occupational). Every indoor occupiable work spaces shall be supplied with sufficient heat to maintain a minimum temperature of 65°F during the period the work spaces are occupied, except for areas requiring special temperatures for business or technical reasons (such as refrigeration), or areas where persons are engaged in vigorous physical activity.
(Ord. 12-2019, passed 11-4-2019)