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(A) No license certificate shall be issued or permitted to be used unless the licensee is in compliance with all applicable ordinances of the city, including the zoning ordinance, and all applicable state laws, including all regulations and licensing requirements of the County Health Department. The licensee must also be current on all city taxes and fees and not have pending a citation issued by the Code Enforcement Officer/Zoning Administrator or any unresolved finding of violations by the Code Enforcement Board.
(B) Any and all licenses issued pursuant to this chapter shall be subject to revocation by the City Council for cause without remitting any part of the fee paid. Cause for revocation shall include the unfitness of the trade, occupation, business, or profession due to the commission of illegal acts or the commission of acts inimical to the public welfare, including the maintenance of a nuisance on the business premises. A written complaint from three responsible adults, from the Chief of Police or from the Code Enforcement Officer/Zoning Administrator, shall constitute a nuisance. A citation issued by the Code Enforcement Board that shall be unresolved shall also be cause for revocation.
(Ord. 2001-17, passed 1-10-2002; Am. Ord. 2006-16, passed 9-28-2006; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
(A) In case any applicant has been denied a business or rental license certificate, or if his or her business or rental license has been revoked or suspended, the applicant or licensee as the case may be, shall within three business days have the right to appeal to the Code Enforcement Board from the denial, revocation, or suspension. Notice of appeal shall be filed in writing with the City Clerk who shall fix the time and place for a hearing which shall be held not later than 30 days thereafter. An administrative fee of $25 shall be paid to the City Clerk for each notice for appeal.
(B) The City Clerk shall notify the appellant and the Code Enforcement Board of the time and place of the hearing, in writing, at the address provided by such license applicant or licensee, as the case may be, not less than 48 hours in advance thereof. A majority of the members of the Board shall constitute a quorum to hear the appeal.
(C) The appellant may appear and be heard in person or by counsel.
(D) If, after hearing, a majority of the Board present at the meeting declare in favor of the applicant, the license shall be issued or, fully reinstated as the case may be; otherwise the order appealed from shall become final.
(Ord. 2001-17, passed 1-10-2002; Am. Ord. 2006-17, passed 9-28-2006; Am. Ord. 2007-13, passed 11-8-2007; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
(A) An appeal from any final order of the Code Enforcement Board may be made to the Kenton County District Court within 30 days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the Code Enforcement Board’s order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
(B) If no appeal from an order of the Code Enforcement Board is filed within the time period set forth in division (A) above, the order of the Code Enforcement Board is deemed final.
(C) On any appeal to the Kenton District Court, the appeal shall be a de novo hearing pursuant to the laws of the Commonwealth of Kentucky.
(Ord. 2006-18, passed 9-28-2006; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
VIOLATIONS
(A) No person shall let to another person for occupancy any unit unless it is clean. sanitary, safe and complies with all applicable laws and ordinances, including the Ludlow Building Regulations, Property Maintenance Code, Nuisance Code, Kentucky Budding Code, and the Fire Safety Code.
(B) Every owner of a building containing two or more units shall maintain in a clean and sanitary condition any shared entrances or shared stairways or public areas.
(C) Every owner of a building containing one or more units shall maintain the public sidewalks, curbs, and grassy areas contiguous to the rental property in a safe condition free of patent defects and dangerous conditions.
(D) Every owner of a building containing one or more units shall comply with the provisions of the City of Ludlow Code of Ordinances, including the removal from the premises all brush, weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
(A) The Building Inspector, Code Enforcement Officer, Fire Chief or his designee, or any other authorized building inspector pursuant to § 110.01(C) shall enforce the provisions of this subchapter and is authorized and directed to make inspections pursuant to a request from the Code Enforcement Board, pursuant to a request for inspection made by the owner, the owner's agent, or a tenant or other occupant: based upon credible evidence presented to the Building Inspector of violations or non-compliance with this chapter obtained through a lawful entry to the building or premises by a law enforcement officer or fire personnel; in response to a complaint that an alleged violation of the provisions of this chapter may exist; or, when the Building Inspector has valid reason to believe that a violation of this chapter has been or is being committed.
(B) The Building Inspector, as defined in § 110.01(C) is authorized to enter and inspect all premises subject to the provisions of this chapter for the purpose of determining whether there is compliance with its provisions. The Building Inspector may enter any dwelling unit and the common areas used by the tenant in that dwelling unit at the tenant's invitation without the consent of the owner or owner's agent.
All rental dwelling units may be subject to a mandatory inspection by a Building Inspector as defined in § 110.01(C) on an annual basis or based upon any other standardized rental dwelling unit inspection schedule not to exceed once a year or be less than once every three years as determined by the city.
(C) An exterior inspection of a rental dwelling and an interior inspection of common areas and each rental dwelling unit within the rental dwelling shall be made where a Building Inspector, Fire Inspector or other authorized inspector pursuant to § 110.01(C) observes the existence of any of the following rental dwelling conditions:
(1) One or more broken windows, or an open area where a window should exist;
(2) Visible exterior damage to the roof of the rental dwelling;
(3) Visibly damaged or missing gutters;
(4) One or more visibly damaged and/or rotting exterior stairs;
(5) One or more visibly damaged and/or rotting exterior porches or balconies;
(6) Visibly damaged exterior walls;
(7) Excessive weeds or grass;
(8) A prohibited trash set out; or
(9) A violation of licensing standards pursuant to this chapter.
(D) The owner, occupant, or other person in charge of premises, upon presentation of proper identification by the Building Inspector, shall give the Building Inspector entry and unfettered access to every part of the premises. If access is refused, the Building Inspector may apply for an appropriate court order to gain access.
(E) Upon notice of violation or a citation being issued, the owner of the real property has a duty to have a re-inspection(s) performed to demonstrate compliance with all city ordinances and state laws. There is in place a fee schedule for re-inspection, said schedule is as follows:
(1) For a first re-inspection the fee shall be $25;
(2) For a second re-inspection the fee shall be $50; and
(3) For a third or subsequent re-inspection, the fee shall be $100.
(F) All re-inspection fees are due and payable to the city and said fees are to be mailed or otherwise delivered to the City Clerk for the city.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
(A) Whenever the Building Inspector determines that any premises or dwelling unit fails to meet the requirements set forth in this chapter, he or she shall issue a notice setting forth the alleged violations of this chapter and advise the owner or his or her designee, that such violation must be corrected. This notice shall:
(1) Be in writing;
(2) Set forth the alleged violations of this chapter;
(3) Describe the dwelling unit where the violations are alleged to exist or to have been committed;
(4) Provide a reasonable time, generally not to exceed 30 days, for corrections to be made;
(5) Notify the owner or his or her designee of the premises or dwelling unit responsible for compliance with the alleged violation by first-class mail at the address provided on the license application, or if none provided, to the address of record with the Kenton County Property Valuation Administrator's office; and
(6) State the time limit for correcting the violation, typically 30 days, and describe the procedure and time limit to apply for a re-inspection, reconsideration or a formal hearing.
(B) At the end of the period of time allowed for compliance, the Building Inspector shall reinspect the premises or dwelling unit described in the notice.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
Whenever an owner of any premises or dwelling unit fails, neglects, or refuses to make repairs or other corrective action, the Building Inspector may either apply to the court for appointment of a receiver to collect rents and make repairs, or proceed in accordance with the ordinances relating to demolishing dilapidated or dangerous buildings.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
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