(A) The 2000 edition of the International Property Maintenance Code is hereby adopted as the Property Maintenance Code of the City of Alexandria, Campbell County, Kentucky for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms in said Property Maintenance Code are hereby referred to, adopted and made part hereof, as is fully set forth in this section with the additions, insertions, deletions and changes, if any, prescribed in divisions (B), (C) and (D) of this section. A complete copy of said Code is available at the City Clerk’s office, 8236 West Main Street, Alexandria, Kentucky 41001.
(B) The following sections are hereby revised:
(1) Section 101.1. Insert: CITY OF ALEXANDRIA
(2) Section 103.6. Insert: Building. Zoning, and Code Enforcement Fee Schedules as adopted by separate ordinances.
(3) Section 303.14. Insert: April 1 to November 1
(4) Section 602.3. Insert: September 1 to May 1
(5) Section 602.4 Insert: September 1 to May 1
(C) Pursuant to Section 111 of the 2000 Edition of the International Property Maintenance Code, which was incorporated by reference into the city’s Code of Ordinances pursuant to Ordinance 2002-12, the city established the position of member of the city Property Maintenance Board of Appeals and the position of alternate member of the city Property Maintenance Board of Appeals. Members and alternate members of the city Board of Appeals shall hereinafter be classified as nonelective officers.
(1) The members of the city Property Maintenance Board of Appeals shall be appointed by the Mayor pursuant to Section 111 of the 2000 Edition of the International Property Maintenance Code, and shall be approved by the Alexandria City Council pursuant to KRS 83A.080.
(2) The Property Maintenance Board of Appeals shall sit as an appeals board and pass on matters pertaining to property maintenance which have been properly appealed, and shall modify or reverse the decision of the Code Official, all pursuant to Section 111 of the 2000 Edition of the International Property Maintenance Code.
(3) Each member and alternate member of the Property Maintenance Board of Appeals shall be required to execute the oath of office as set forth in Section 228 of the Constitution of the Commonwealth of Kentucky prior to the assumption of the duties of that office.
(4) There are no bond requirements for this office.
(5) Compensation for each member of the Property Maintenance Board of Appeals shall be forty dollars ($40.00) per meeting, and eighty dollars ($80.00) per meeting for the chairperson.
(D) Problem structures. There is a need to establish a period of time a problem structure may remain standing. Therefore the appropriate section of the international property maintenance code dealing with unsafe structures and equipment is amended to add the following:
(1) A
PROBLEM STRUCTURE
is defined as a building or other structure that poses a nuisance or danger to the public, police department or fire department and includes, but is not limited to the definition in the International Property Maintenance Code, as well as the following:
(a) A building whose interior or exterior walls or other vertical structural members list. Lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of the base;
(b) A building, exclusive of the foundation, that shows 33% or more damage or deterioration to its supporting members or 50% or more damage or deterioration to its non-supporting members or to the enclosing or outside walls or coverings;
(c) A building having improperly distributed loads on the floors, or roofs, or in which same are overloaded or have insufficient strength to be reasonably safe to occupants or the public;
(d) A building damaged by fire, wind, seismic or other causes so as to cause the building to become dangerous to life, limb or property of the occupants or to the public;
(e) A building that has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or is likely to cause sickness or disease or injury to health, safety or general welfare of those living therein;
(f) A building having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;
(g) A building having inadequate facilities for egress in case of fire or other events, or having insufficient stairways, fire escapes or other means of travel;
(h) A building that has parts or elements that are attached or not attached in such a way that they may fall and cause injury to persons or property;
(i) A building characterized by disconnected utilities, extensive broken glass, peeling or flaking paint on the exterior walls, loose or rotting materials on the roof or the exterior walls; or
(j) Any vacant building or structure not secured from entry or the elements.
(2) When a problem structure, not in danger of structural collapse, has been closed and secured from entry and the elements by the property owner or the city or other lawful authority and the structure continues to remain closed and secured from entry and the elements by approved methods, it may remain standing in a safe condition for a period not to exceed sixty (60) days from the date of the fire, the date of damage from other means or the date of the release of the property from a governmental, criminal, fire or explosives investigation, at which time an application must have been made for a building permit to repair or for a demolition permit. If a building permit is requested and approved, repair or renovation work to bring the property into compliance must be completed within sixty (60) days of the date of the issuance of the permit. If a demolition permit is requested and approved, demolition must be initiated within five (5) days and must be completed within thirty (30) days of the date of the issuance of the demolition permit.
(3) Failure of the property owner to keep the structure closed and secured from entry and the elements or to obtain the required permit in the specified time shall constitute permission to an official, employee, or other authorized agent of the city to enter upon the property to remedy the situation and to abate the nuisance by demolition and removal of the problem structure.
(Ord. 2002-12, passed 9-5-02; Am. Ord. 2009-15, passed 11-19-09; Am. Ord. 2014-05, passed 3-3-14)