“Abandoned” shall mean any structure that is vacant, unoccupied or not in use for a period of one (1) year or more and which is any of the following: neglected, dilapidated, unsanitary, vermin infested, not serviced by public utilities, dangerous to the safety of person, unfit for its intended use by reason of neglect or lack of maintenance, has become a place for the accumulation of trash or debris or is the subject of a building permit requirement and has not satisfactorily passed building inspection in the last six (6) months or more.
“Abatement Costs” shall mean the City’s necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation and to maintain and preserve the public health, safety and welfare in accordance with any City ordinance.
“Code Enforcement and Nuisance Board” shall mean the administrative body created and acting under the authority of the Local Government Code Enforcement Board Act, KRS 65.8801 to 65.8839 and as created in Chapter 2 of this Code of Ordinances.
“Controlled Substance” is as defined in the Controlled Substances Act published annually in Title 21 Code of Federal Regulations (C.F.R.) §§ 1308.11 through 1308.15.
“Final Order” shall mean any order:
a. Issued by the Code Enforcement and Nuisance Board following a hearing in accordance with the provisions of Subchapter 2-21 of the Code of Ordinances;
b. Created because a violator neither paid nor contested the citation within seven (7) days as provided in Subchapter 2-21 of the Code of Ordinances, or
c. Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in Subchapter 2-21 of the Code of Ordinances.
“Graffiti” shall mean any inscription, drawing or design that is scratched, painted, sprayed or otherwise applied on any surface of any structure or object so as to be seen by the public, placed there by a person other than the owner, manager or person having lawful control of the property, and without the consent of the owner, manager or other person having lawful control of the property.
“Imminent Danger” shall mean a condition which is likely to cause serious or life-threatening injury or death at any time.
“Improved Parking Surface” shall mean any existing gravel, contiguous area of pavers, concrete or asphalt surface generally used for parking motor vehicles. Such surfaces shall be maintained in good and safe condition, capable of performing the intended use, and give the visual appearance of a location for parking motor vehicles.
“Junk Motor Vehicle” is any inoperable motor vehicle, whether repairable or not, not displaying a current valid license plate, and/or which is wrecked, partially or totally dismantled, or cannot otherwise be safely or legally operated on a public roadway.
“Notice of Violation” shall mean notification to a person violating a specified City ordinance providing the violator with an opportunity to remedy a violation without fines, fees or remedy charges being assessed.
“Nuisance” shall mean a problem structure as defined hereinbelow and any condition or use of private property or premises, or of building exteriors which substantially annoy, injure or endanger the comfort, health, repose or safety of the public which is detrimental to the property of others, or which causes substantial diminution in the value of other property in the area in which such premises are located, or which creates an odor noxious and offensive to those in the area or passersby, and is noticeable from public streets or ways or from the ground of adjacent properties.
“Owner” shall mean a person, association, corporation, partnership or other legal entity having a legal or equitable title in real property.
“Person” shall mean any individual, firm, agency, establishment, business, company, association, partnership, business trust, joint stock company, body politic or corporation.
“Premises” shall mean a lot, plot or parcel of land, including any structures upon it.
“Public Road” or “Road” shall mean any municipal, county, state, federal or limited access highway or turnpike, or platted street located within a subdivision which has been approved by the Planning Commission and recorded in the Warren County Court Clerk’s office. This term shall also include bridges and bridge approaches.
“Repeat Offender” shall mean a person violating the provisions of Subchapter 27-4 (Property Maintenance Code) set out hereinbelow who: (a) has been issued the fourth (4
th
) citation for any violations of the Subchapters listed above involving any of the person’s properties within a two (2) year period; (b) has been issued the third (3
rd
) citation for any violation involving any of the person’s properties within a twelve (12) month period; or (c) has been issued a second (2
nd
) citation for any violation of the Subchapters above involving any of the person’s properties within a two (2) year period and the previous citation involves fines or remedy charges that remain unpaid. Only those citations that are final orders, or orders from the Code Enforcement and Nuisance Board with all appeals concluded shall be counted and the time periods shall commence from the date of the final order, or that of the Code Enforcement and Nuisance Board.
(Ord. BG2003-61, 12/2/2003; Ord. BG2011-6, 3/1/2011; Ord. BG2014-12, 8/5/2014; Ord. BG2016-40, 12/20/2016; Ord. BG2022-41, 9/6/2022)