(A) Whenever any debris, stone, or other material is deposited on a street or sidewalk by reason of any slide, collapse, washing away, or crumbling of the owner’s land or structures, the owner shall remove the debris, stone, or other material within a reasonable time after written notification by the Building Inspector and shall barricade and light such obstruction in the street and sidewalk until complete removal of the debris, stone, or other material has been effected.
(B) The notice required hereunder shall be sufficient if given according to any of the following methods:
(1) To the owner personally.
(2) To the owner by mail, addressed to him at his last known place of residence.
(3) If the residence of the owner is unknown, the notice may be mailed or delivered personally to any resident agent of the owner or to any tenant or occupant of the premises of the owner.
(4) If there is no known agent, tenant, or occupant of the premises, the notice may be posted on the premises.
(C) If within 24 hours after the delivery or mailing of the notice required in this section the owner fails to barricade and light the obstruction, the Building Inspector shall be authorized to furnish the necessary barricade and lights. If within 30 days after the delivery or mailing of the notice required in this section the owner fails to remove the debris, stone, or other material from the street and sidewalk, the Building Inspector shall be authorized remove the same. In each case, the owner of the premises shall be liable to the city for the expense thereof. In cases of immediate emergency the Building Inspector shall be authorized to act without notice and without waiting for the expiration of any notification period.
(D) Any violation of §§ 91.37(A), (B) or (C) is hereby classified as a civil offense pursuant to KRS 65.8808 and subchapter § 35.60 et seq. and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with §§ 91.37(A), (B) and (C), and nothing contained herein, or in subchapter § 35.60 et seq. shall prohibit the enforcement of §§ 91.37(A), (B) or (C) by any other means authorized by law, specifically, without limitation, the provisions of § 91.99.
(1) If a citation of a violation of §§ 91.37(A), (B) or (C) is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be fifty-five dollars ($55.00) for the first offense, ninety-five dollars ($95.00) for the second offense, and two hundred fifteen dollars ($215.00) for the third, and thereafter, offense.
(2) If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from twenty dollars ($20.00) to two hundred dollars ($200.00) for the first offense; from sixty dollars ($60.00) to six hundred dollars ($600.00) for the second offense; and from one hundred eighty dollars ($180.00) to one thousand eight hundred dollars ($1,800.00) for the third, and thereafter, offense.
(3) Each section violated shall be considered a separate fineable offense. If two (2) or more sections are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation
(Ord. 11-71, passed 8-2-71; Am. Ord. 8-99, passed 4-1-99) Penalty, see § 91.99
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