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STRUCTURES UNFIT FOR HUMAN HABITATION
The City Council finds that there exists in Pewee Valley, Kentucky structures which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such structures unsafe or insanitary, or dangerous or detrimental to the health, safety or morals or otherwise inimical to the. welfare of the residents of the city.
(Prior Code KOC, § 950.2, passed 2-1-1971)
REPAIRING, CLOSING OR DEMOLITION OF STRUCTURES
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GOVERNING BODY. The general council, board of commissioners or other legislative body, charged with governing a city, and the fiscal court of any county.
OWNER. The holder of the title in fee simple and every mortgagee of record.
PARTIES IN INTEREST. All individuals, associations and corporations who have interests of record in a structure and any who are in possession thereof.
PUBLIC OFFICER. The officer or officers who are authorized by ordinances and resolutions adopted hereunder to exercise the powers prescribed by such ordinances and resolutions.
PUBLIC AUTHORITY. Any housing commission or any officer who is in charge of any department or branch of the government of the city, county or state relating to health, fire, building regulations or to other activities concerning structures in the city.
STRUCTURE. Any building, or part thereof, used or occupied, or intended for use or occupancy, for human habitation or commercial or industrial purposes, and includes any out-buildings and appurtenances belonging thereto or usually enjoyed therewith.
(Prior Code KOC, § 950.1, passed 2-1-1971)
(A) There is hereby created the Pewee Valley Housing Commission which shall be administered by a public officer known as Commissioner of Pewee Valley Housing Commission.
(B) The Pewee Valley Housing Commission shall have the additional power and authority:
(1) To investigate the structural conditions in the city in order to determine which structures therein are unfit for human habitation, occupancy or use;
(2) To administer oaths, affirmations, examine witnesses and receive evidence;
(3) To enter upon premises for the purpose of making examination, but the entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4) To appoint and fix the duties of such officers, agents and employees as he or she deems necessary to carry out the purposes of the ordinances; and
(5) To delegate any of his or her functions and powers under the ordinance, to such officers and agents as he or she designates.
(Prior Code KOC, § 950.1, passed 2-1-1971)
(A) Whenever a petition is filed with the public officer by a public authority or by at least 5 residents of the city or county charging that any structure is unfit for human habitation, occupancy or use, or whenever it appears to the public officer (on his or her own motion) that any structure is unfit for human habitation, occupancy or use, the public officer shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges in that respect.
(B) The complaint shall state:
That a hearing will be held before the public officer (or his or her designated agent) at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint; that the owner and parties in interest may file an answer to the complaint and appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(Prior Code KOC, § 950.1, passed 2-1-1971)
If after the notice and hearing, the public officer determines that the structure under consideration is unfit for human habitation, occupancy or use, he or she shall state in writing his or her findings of fact in support of the determination and shall issue and cause to be served upon the owner thereof an order requiring the owner:
(A) To the intent and within the time specified in the order, to repair, alter or improve the structure to render it fit for human habitation, occupancy or use, or, at the option of the owner, to vacate and close the structure if the repair alteration or improvement of the structure can be made at a cost that is not more than 50% of the value of the structure; or
(B) Within the time specified in the order, to remove or demolish the structure if the repair, alteration or improvement of the structure cannot be made at a cost that is not more than 50% of the value of the structure.
(Prior Code KOC, § 950.1, passed 2-1-1971)
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