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§ 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§ 92.03 CONFLICTING ORDINANCES SUPERSEDED; SEVERABILITY.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with its provisions, specifically including previous ordinances of the city or amendments thereto, are hereby repealed or superseded to the extent necessary to give this chapter full force and effect.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)
CODE ENFORCEMENT BOARD
§ 92.10 CREATION AND PURPOSE; AUTHORITY; MEMBERSHIP.
   (A)   Pursuant to KRS 65.8801 to 65.8839 the City of Pikeville Code Enforcement Board is established to protect, promote, and improve the health, safety, and welfare of the citizens residing within the city.
   (B)   The City of Pikeville Code Enforcement Board shall have the authority to issue remedial orders and impose fines as a method of enforcing city ordinances when a violation of the ordinance has been classified as a civil offense; the Board shall not have the authority to enforce any ordinance regulating conduct which would also, under any provision of the Kentucky Revised Statutes, constitute a criminal offense or a moving motor vehicle offense.
   (C)   The Board shall be composed of three members, all of whom shall be residents of the city for a period of at least one (1) year prior to the creation of the Board and shall reside in the city throughout their term in office.
(Ord. 0-2016-14, passed 8-22-16)
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