GENERAL PROVISIONS
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMOBILE PARTS
. Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
INOPERATIVE CONDITION.
Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten (10) consecutive days.
MOTOR VEHICLE
. Any style or type of motor driven vehicle used for the conveyance of persons or property.
NUISANCE
. Public nuisance.
SCRAP METAL
. Pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
UNFIT FOR FURTHER USE
. In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance.
In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as is provided in this chapter or in accordance with any other provision of law.
Penalty, see § 92.99
It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance, health hazard, or source of filth (collectively referred to as "public nuisance") to develop thereon. The following conditions are declared to be public nuisances:
(A) Dangerous trees or objects adjoining street. Any tree, stack, or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(B) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another.
(C) Noxious odors or smoke. Emission into the surrounding atmosphere of odor, dust, smoke, or other matter which renders ordinary use of physical occupation of other property in the vicinity uncomfortable or impossible.
(D) Noise. Emission of noise which is noxious enough to destroy the enjoyment of dwellings or other uses of property in the vicinity by interfering with the ordinary comforts of human existence.
(E) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(F) Weeds. The excessive growth of weeds or grass, including, but not limited to, the existence of thistles, burdock, jimson weeds, ragweeds, milkweeds, poison ivy, poison oak, iron weeds, and all other noxious weeds, rank vegetation, and grass in excess of a height of eight (8) inches.
(G) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(H) Trees and shrubbery obstructing streets and sidewalks. The growing and maintenance of trees with less than 14 feet clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street.
(I) Keeping of animals. The failure to keep an animal's pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors.
(J) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes.
(K) The parking of any motor vehicle, motorcycle or any other similar type equipment on or across any sidewalk which hinders the free movement thereof.
(L) The parking of any motor vehicle, motorcycle, dormant lawn equipment or any other type equipment on the grass, sidewalk or porch in the front yard.
(M) Placing trash at the curb for collection prior to 12 noon the day prior to the scheduled trash pick-up day or leaving the trash receptacle at the curb beyond midnight on the day of collection.
(N) The placement and leaving of a dumpster, POD or any other similar storage container in a driveway or yard for longer than two weeks (14 days).
(O) The outside storage of any trailer, mobile home, motor home, recreational vehicle, camper boat, construction machinery or similar type equipment. Parking is permitted in side or back yard on surfaces approved by the city such as black top (asphalt) or poured concrete with a minimum thickness of four (4) inches.
(P) No owner or keeper of any dog or cat, licensed or unlicensed, shall permit any such dog or cat to leave or be beyond the premises upon which the dog or cat is kept, except when accompanied and controlled by the owner or keeper, or by some responsible person acting for or on behalf of the owner or keeper. The owner or keeper of the dog or cat shall be required to secure the dog or cat by means of a collar or harness with a leash (or similar measure). No dog or cat shall be permitted upon the premise of another person without its' owner as described in this section.
(Q) All roadways and parking lots which are privately owned, yet intended for public access/business must be maintained and in good repair so as to not cause bodily or vehicular harm to an unnecessary degree.
(Am. Ord. 2008-07, passed 7-17-08; Am. Ord. 2023-09, passed 10-5-23) Penalty, see § 92.99
(A) It shall be the duty of the authorized city official to serve or cause to be served a notice upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this chapter and to demand the abatement of the nuisance within the time specified unless the nuisance constitutes an immediate danger to the health and well-being of the community. If such danger is present, the nuisance may be abated immediately by the city. Notice shall be deemed proper if mailed to the last known address of the owner of the premises and if posted in a conspicuous place on the premises affected by the notice.
(B) If the person so served does not abate the nuisance within five days, or sooner if the nuisance constitutes an immediate danger to the health and well being of the community, the city is hereby empowered to enter upon the private property to abate the nuisance, keeping an account of the expense, including, but not limited to, the labor and materials, of the abatement, and the expense shall be charged to and paid by the owner or occupant.
(C) Charges for nuisance abatement shall be a lien upon the premises. Whenever a bill for charges remains unpaid for ten (10) days after it has been rendered, the City Clerk may file with the County Clerk an affidavit of the responsible officer, which shall constitute prima facie evidence of the amount of the lien, and the regularity of the proceedings pursuant to this chapter and KRS 65.8840. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. Notice of the lien claim shall be mailed to the last known address of the owner of the premises and shall be posted in a conspicuous place on said premises. However, failure to record the lien claim or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges as provided in division (D) below.
(D) Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. This foreclosure shall be in equity in the name of the city. In addition to the abovementioned remedy or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(E) The City Attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over the matter, against any property and/or property owner for which the bill has remained unpaid sixty (60) days after it has been rendered.
(F) In the alternative to the abatement procedure described in this section, any police officer, the Building Inspector, the Zoning Administrator or other responsible officer designated by the Mayor may issue a written notice of violation of a nuisance which is a violation of § 92.02 or 92.03. If the person receiving the notice of violation does not abate the nuisance within five (5) days, a citation may be issued citing the person to appear in the County District Court for a violation of the specified provisions involved, or this section shall be enforced as provided in § 92.99, which provides for a mail-in ticket procedure. The amount of the fine shall be twenty-five dollars ($25.00) for the first offense, and fifty dollars ($50.00) for each subsequent offense, if paid within five (5) working days of the date on which the citation is received, provided that such fine shall be fifty dollars ($50.00) for the first offense, and one hundred dollars ($100.00) for each subsequent offense, if not timely paid within such five working days.
(Am. Ord. 37-91, passed 10-10-91; Am. Ord. 2008-07, passed 7-17-08)
Loading...