CHAPTER 92: DILAPIDATED HOUSING AND NUISANCES
Section
General Provisions
   92.01   Statutory authority; purpose
   92.02   Short title; adoption of Kentucky Building Code
   92.03   Conflicting ordinances superseded; severability
   92.04   Amendments
Code Enforcement Board
   92.10      Creation and purpose; authority; membership
   92.11      Definitions
   92.12      Appointment of officers; term of office; removal from office; oath; compensation
   92.13      Organization of Board; meetings; quorum
   92.14      Powers of the Code Enforcement Board
   92.15      Hearing officer
   92.16      Enforcement proceedings
   92.17      Hearing; notice and final order
   92.18      Presentation of cases
   92.19      Appeals; final judgement
   92.20      Fines
   92.21      Liens; fines: charges and fees
   92.22      Lien holder notification system
   92.23      Lien process
   92.24      Immediate action
   92.25      Environmental nuisance
   92.26      Dilapidated structure
   92.27      Notices
   92.28      Interference with housing inspector during performance of duties
Landlord Licensing
   92.35   Procedure; duration; license fee
   92.36   Inspection; enforcement
   92.37   Notice of revocation hearing
   92.38   Violation
Noise Pollution
   92.50   Title
   92.51   Declaration of policy
   92.52   Definitions
   92.53   Prohibited noises
   92.54   Prohibited acts
   92.55   Exemptions
Short-Term Rentals
   92.65      Definitions
   92.66      Annual registration required
   92.67      Annual registration; fee
   92.68      Compliance with federal, state and local laws and regulations
   92.69      Transient room tax
   92.70      Duties of a host
   92.71      Advertising on a hosting platform
   92.72      Enforcement
Public Nuisances
   92.85      Nuisances prohibited
   92.86      Definitions
   92.87      Property owners
   92.88      Disorderly conduct
   92.89      Right of appeal
   92.90      Fines
 
   92.99   Penalty
GENERAL PROVISIONS
§ 92.01 STATUTORY AUTHORITY; PURPOSE.
   (A)   This chapter is adopted pursuant to the authority granted to the city by state statutes.
   (B)   It is the intent of this chapter to protect, promote, and improve the health, safety and welfare of the citizens residing within the city by adopting a standardized code which outlines and details rules and regulations whereby buildings, structures, and properties are to be maintained in accordance with national and international standards.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 94-0-010, passed 5-23-94; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. 0-2016-14, passed 8-22-16)
§ 92.02 SHORT TITLE; ADOPTION OF KENTUCKY BUILDING CODE.
   (A)   For the purposes cited in § 92.01 the Pikeville City Commission does hereby ordain, adopt and enact this chapter in its entirety, including text and all regulations, all of which shall be know as the City Property Maintenance and Environmental Nuisance Chapter. This chapter shall apply to all land within the corporate limits of the city.
   (B)   All standards of the Kentucky State Pumping Law, Regulations and Code, as amended from time to time, and the Kentucky Building Code , as amended from time to time are hereby incorporated into this chapter.
   (C)   One copy of the International Property Maintenance Code, 2012 edition which is on file in the Office of the Pikeville City Clerk and contained on the city’s website be and is hereby adopted as the Property Maintenance and Environmental Nuisance Code of the city for the purposes set out in § 92.01 and the said Property Maintenance Code is hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 92.04.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 94-0-010, passed 5-23-94; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. 0-2016-14, passed 8-22-16)
§ 92.03 CONFLICTING ORDINANCES SUPERSEDED; SEVERABILITY.
   (A)   All ordinances or parts of ordinances in conflict with this chapter or which are inconsistent with its provisions, specifically including previous ordinances of the city or amendments thereto, are hereby repealed or superseded to the extent necessary to give this chapter full force and effect.
   (B)   Should any provision of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect this chapter as a whole or any part thereof except the specific provisions which were the subject of the declaration.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 94-0-010, passed 5-23-94; Am. Ord. 0-2011-017, passed 5-23-11)
§ 92.04 AMENDMENTS.
   The International Property Maintenance Code adopted in § 92.02(C) is hereby amended as follows:
   (A)   Section 101.1 entitled “Title” shall be amended to read as follows:
      These regulations shall be known as the Property Maintenance and Environmental Nuisance code of the City of Pikeville. Kentucky, hereinafter referred to as “Code” or “this Code.”
   (B)   Section 103 entitled Department of Property Maintenance Inspection shall be repealed and the activities, fees and services performed by the city departments in carrying out the duties under this code shall be as indicated in § 92.16 and fines and fees as indicated in § 92.20.
   (C)   Section 106 entitled Violations shall be repealed and the procedures for violations shall be as described in § 92.16.
   (D)   Section 107 subsections 107.1, 107.2, 107.3 dealing with notice of violation are hereby repealed and procedures for providing notice of violation shall be as described in § 92.16.
   (E)   Section 109 subsection 109.1, 109.3, 109.6 dealing with emergency measures are hereby repealed and procedures for dealing with emergencies shall be as described in § 92.24.
   (F)   Section 111 entitled Means of Appeal is hereby repealed and the method and means of appeal shall be as described in the § 92.16.
   (G)   Section 302.4 shall be amended to read as follows:
      (1)   All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses annual plants and vegetation, other than trees or decorative shrubs, which shall be kept trimmed neat and orderly; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to any fines, fees or penalties as prescribed by ordinance. In addition, upon failure to comply with the notice of violation, any personnel or contractor, duly authorized by the City of Pikeville Code Enforcement Officer, City Manager or his designee, shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(Ord. 0-2016-14, passed 8-22-16)
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