The International Property Maintenance Code is amended and revised in the following respects:
(A) Sections 101.1: Insert: City of Shelbyville.
(B) Remove section 103.5.
(C) Section 104: The following has been added:
(1) 104.3.1: Certificate of occupancy required: Each rental dwelling unit or other occupied property, excepting individual hotel and motel rooms, shall have a valid and current certificate of occupancy issued in the name(s) of the tenant(s) and property owner(s). Each certificate shall be considered valid and current for three (3) years from the date of the final inspection or until a change of owner(s) or tenant(s) occurs.
(2) 104.3.2 Application for certificate of occupancy: No property for which a certificate of occupancy is required shall be occupied prior to the owner obtaining a valid and current certificate of occupancy for that property. Prior to issuance of a certificate of occupancy for any structures subject to the provisions of this chapter, the Code Enforcement Office of the city shall inspect the property for which the certificate of occupancy is sought, and any violations of the existing Property Maintenance Code shall be corrected. If the individual unit to be inspected is currently occupied, and no certificate of occupancy has been acquired on the property, the property owner is in violation of this Section 104.3.2. If the individual unit to be inspected us currently occupied and no certificate of occupancy has been acquired, or three (3) or more years have passed since the last inspection, or there are obvious code violations, or there have been complaints received on the property, then the Code Enforcement Officer, authorized to enter the premises at reasonable times to inspect, shall secure written permission from the occupant prior to entry into the unit. If the occupant of the unit denies access, the Code Enforcement Officer shall secure written permission and access from the property owner or the property owner's agent. If the property owner or the property owner's agent denies access, then the Code Enforcement Officer may seek an administrative search warrant from the court having jurisdiction, or seek other remedies available under law, prior to entering the unit. Any violations found upon inspection are the responsibility of the owner of the property.
(3) 104.3.2.2. Certificate of occupancy fee: A fee of twenty dollars ($20) shall be paid to the City of Shelbyville for each certificate of occupancy. The fee is due immediately after the initial inspection is made. The fee is good for the full three (3) year period unless ownership or tenant occupancy changes, in which case the new owner must obtain a new certificate of occupancy. No certificate of occupancy shall be issued until the fee has been paid.
(4) 104.4.1.
(C) Section 106.1 is amended as follows:
(1) Replace 106.1 with: Unlawful acts: It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any premises, property, structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any provisions of this code, or fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this code.
(2) Replace 106.4 with: Any person violating any of the provisions of this Article I of Chapter 71 shall be guilty of a civil offense and shall be fined five hundred dollars ($500.00) for each offense classified as a first offense, seven hundred fifty dollars ($750.00) for each offense classified as a second offense and one thousand dollars ($1,000.00) for each offense classified as a third offense or greater, The offense levels shall escalate under each three (3) year certificate of occupancy and then reset at the start of a new or renewed certificate, but shall escalate indefinitely when no certificate has been acquired. Each recorded violation under this Article I of Chapter 71 and/or the Property Maintenance Code is considered a separate offense. If the fine that has been levied is uncontested and paid within seven (7) days then it shall be reduced to an amount equaling fifty percent (50%) of the original amount of the fine. Payment of a fine does not relieve the property owner from correcting any and all violations.
(D) Section 107 is added as follows:
107.6 Stop work orders: Upon notice from the code official that work on any building or structure is being done contrary to this or any referenced code, or in an unsafe or dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owners agent, or to the person doing the work, or posted on the property and shall state the conditions under which work will be permitted to resume.
107.7 Unlawful continuance: A person who shall continue to work in, on, or about the structure or property after being served with a stop work order except the work that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a civil offense and be subject to the penalty specified in 106.4.
(E) Section 302.4. The permitted height shall be six (6) inches.
(F) Section 102.9: Add: Historic District: Any maintenance, remodeling, repair or erection of signs, marquees and awnings on any property within the area designated as the Historic District of the city shall also be subject to the provisions of the Shelbyville Code of Ordinances, Chapter 72.
(G) Section 303.14: Insert April 1 and December 1.
(H) Section 602.3: Insert September 1 and May 1.
(I) Section 602.4: Insert September 1 and May 1.
(J) Chapter 8 under codes add:
(1) KBC-97 Kentucky Building Codes.
(2) Kentucky Standards of Safety.
(K) Section 111 Means of Appeal is amended as follows:
Section 111.1 Means of Appeal. All appeals shall be handled in accordance with City Ordinance 2000-03-02(B) and 2000-06-15(A) as well as KRS 65.8801 to KRS 65.8839.
(L) Strike the remainder of Section 111.
(Ord. 89-10-001, passed 10-19-89; Am. Ord. 2000-04-06(E), passed 4-6-2000; Am. Ord. 2001-04-05, passed 4-5-01; Am. Ord. 2007-07-19(B), passed 7-19-07; Am. Ord. 2010-04-01, passed 4-1-10; Am. Ord. 2018-10-18, passed 10-18-18)