Loading...
(A) At the time a business engaged in collection of garbage, refuse, and solid waste (including septic tank waste) within the city applies for a business privilege license with the city that business must provide proof of an existing agreement with a licensed solid waste landfill permitting the waste, refuse, or garbage collection within the city can be disposed at the landfill.
(B) At any time the City Clerk, License Administrator, or police officer may require a representative or employee of those businesses to produce the proof of existence of the authority to dispose of waste. Failure to produce proof of the authority within three (3) days shall result in a misdemeanor offense.
('83 Code, § 93.15) (Ord. 83-1985, passed 7-16-85; Am. Ord. 82-2005, passed 6-1-05) Penalty, see § 93.999
A valid copy of the city business privilege license shall be carried in all vehicles engaged in the collection of garbage, refuse, and solid waste (including septic tank waste) and shall be shown on demand when made by the City Clerk, License Administrator, or police officer.
('83 Code, § 93.16) (Ord. 83-1985, passed 7-16-85; Am. Ord. 82-2005, passed 6-1-05) Penalty, see § 93.999
WEEDS; ACCUMULATION OF RUBBISH
(A) 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 to develop on the land through the accumulation of rubbish or the excessive growth thereon of weeds, like vegetation, or grass.
(B) It shall be the duty of the owner, occupant, or person having control or management of any land within the city and the persons are required to maintain the land so as to prevent the accumulation of rubbish and to cut or otherwise remove the growth of weeds, like vegetation, or grass so that the public nuisance, health hazard, or source of filth shall not exist.
('83 Code, § 93.40) (Ord. 28-1962, passed 4-23-62; Am. Ord. 31-1972, passed 7-5-72; Am. Ord. 82-2005, passed 6-1-05) Penalty, see § 93.999
Statutory reference:
Property in cities becoming nuisance; abatement; lien of city for remedy, see KRS 381.770
(A) No owner, occupant or person having control or management of any land within the city shall permit or maintain on any such premises or adjacent rights-of-way any growth of noxious weeds; nor any growth of grass or other rank vegetation to a greater height than ten (10) inches on the average; nor any accumulation of dead weeds, grass or brush. "Noxious weeds" shall include Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carrots), bindweed (Convolvutus arvensis), perennial sow-thistle (Sonchus arvensis), common ragweed (Ambrosia artemisiifolia), Giant Ragweed (Ambrosia trifida), Hemp dogbane (Aporynum cannabinum), Wild lettuce (Lactura scariola), Common cocklebur (Xanthium pensylvancum), Yellow nutsedge (Cyperus esculentus), Foxtail (Serataria sp.), Pokeberry (Phytolacca americana), Multi-flora rose (Rosa multiflora), Kudzu, Japanese Bamboo and poison ivy (rhus radicans), poison sumac (Rhus toxicondendron), and poison oak.
(B) Exemptions to the requirements contained in division (A) above:
(1) Excepted from the provisions of division (A) above are flower gardens, plots of shrubbery, vegetable gardens, small grain plots, and farm land under cultivation. Exemption under the terms of this division (1) cannot be claimed unless the land has been cultivated and cared for in a manner appropriate to such exempt categories.
(2) While owners of undeveloped parcels of land shall be required to remove those noxious weeds as listed in division (A) above, the control of the growth of grass or other rank vegetation to a greater height than ten inches on the average, shall be required only within one hundred (100) feet of the property line of developed parcels, within the street, alley and highway rights-of-way adjacent to property and the first fifty (50) feet of property in depth adjacent to the rights-of-way.
(3) Developed parcels in excess of one (1) acre shall be required to meet the conditions of division (2) above, and to control the growth of grass or rank vegetation within the immediate one hundred (100) feet in any direction from the walls of the principal building.
(4) The City Manager or his designee may grant exemption in certain areas for the control of erosion, urban forestry, and preservation of any rare species of flora or fauna.
(Ord. 102-1985, passed 8-9-85; Am. Ord. 82-2005, passed 6-1-05) Penalty, see § 93.999
(A) Should it be discovered that, by reason of accumulation of rubbish or the excessive growth on land within the city of weeds, like vegetation, or grass, that a public nuisance, health hazard, or source of filth has developed on the land, the City Manager or his designee shall give five (5) day's written notice to the owner, occupant, or person having control to remedy the situation.
(B) If the city intends to claim a lien against the property, the notice shall be mailed to the last known address of the owner of the property as the address appears on the current tax assessment roll of the city. On the failure of the owner, occupant, or person having control of the land to comply, the City Manager or his designee is authorized to send employees of the city on the property to remedy the situation.
(C) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the City Manager or his designee shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this subchapter and shall be recorded in the office of the County Court Clerk in the county where that property is located. The lien shall be notice to all persons from the time of its recording, shall bear interest at six percent (6%) per annum from time of recording until paid, and may be foreclosed by appropriate action in the Circuit Court of the county in which the property is located.
('83 Code, § 93.41) (Ord. 31-1972, passed 7-5-72; Am. Ord. 37-1983, passed 3-3-83; Am. Ord. 82-2005, passed 6-1-05)
All moneys collected by reason of the enforcement of this subchapter, including enforcement of liens, fines, forfeitures, and court costs, with the exception of the costs collected for the use and benefit of the Boyd County Law Library, shall be paid into the general fund of the city to defray the expense of general government.
('83 Code, § 93.42) (Ord. 31-1972, passed 7-5-72; Am. Ord. 37-1983, passed 3-3-83; Am. Ord. 82-2005, passed 6-1-05)
Loading...