The following conditions are hereby declared to be public nuisances and are unlawful and prohibited.
(A) Dwellings unfit for human habitation. Erection, use, or maintenance of a dwelling within the city which is unfit for human habitation A dwelling is UNFIT FOR HUMAN HABITATION when it is dangerous or detrimental to life or health because of want of repair; defects in the drainage, plumbing, lighting; ventilation or construction; infection with contagious disease; or the existence on the premises of an unsanitary condition likely to cause sickness among occupants of the dwelling;
(B) Dangerous buildings adjoining streets. Causing or allowing any building, house, or structure to become so out of repair and dilapidated that, if the condition is permitted to be and remain, it shall endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property using or being upon the streets or public ways of the city adjoining such premises, by reason of the collapse of such building, house, or structure or by the falling of parts thereof or of objects therefrom;
(C) Dangerous trees, stacks, and the like; adjoining street. Causing or allowing any tree, stack, or other object to remain standing upon any premises within the city in such condition that it shall, if the condition is allowed to continue, endanger the life, limb, or property or cause hurt, damage, or injury to persons or property upon the streets or public ways of the city adjacent thereto, by the falling thereof or of parts thereof;
(D) Dilapidated buildings. Causing or allowing any building, house, or structure to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair, or that due to lack of adequate maintenance or neglect it endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property, or causes or tends to cause diminution in value of other property in the neighborhood in which such building, house, or structure is located;
(E) Accumulation of rubbish. Causing or allowing such an accumulation on any premises of dirt, film, plant matter, refuse, trash, garbage, or other waste material that it makes such premises unsightly or unhealthy or causes a stench or odor noxious and offensive to those in the neighborhood or 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 of its catching or communicating fire; its attracting and propagating vermin, rodents, or insects; or its blowing into any street, sidewalk, or property of another;
(F) Noxious odors or smoke. Emitting from premises within the city into the surrounding atmosphere such odors, dusts, smoke, or other matter as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible;
(G) Open wells. Causing or allowing the maintenance of any open, uncovered, or insecurely- covered, cistern, cellar, well, pit, excavation, vault, or septic tank situated upon private premises in any open or unfenced lot of place;
(H) Scrap metal. Storage of scrap metal including pieces of, 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 or useful for its originally intended purpose within the city;
(I) Animal pens. Erection, use, or maintenance of any building, structure, or place for the keeping, feeding, sheltering, or confining of any fowl or animal, which occasions noxious odors, offensive smells, or raucous noises injurious to the health, comfort, or property of individuals or of the public;
(J) Loud noise. Operating or permitting the operation of any music, phonographs, radios, television, mowers, blowers, trimmers, power tool equipment, and all other noise-producing devices, whether human or mechanical, which by reason of the volume and continuance thereof, shall disturb the comfort or repose of any person in the vicinity;
(K) Noisy animals. Maintaining, keeping, allowing, or permitting to be maintained, kept, or allowed, any animal or bird, which by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity;
(L) Dangerous animals. Maintaining, keeping, allowing, or permitting to be maintained or kept any animal or bird which on more than one occasion has inflicted physical injury to persons with whom it has come into contact under conditions which would not have put a reasonable human in fear of physical danger or damage to or the theft of his or her property in an area accessible to children;
(M) Junked autos or parts. Maintaining, keeping, allowing, or permitting to be maintained, kept, or allowed, any junked, abandoned, or inoperative motor vehicles, or parts thereof upon any private or public property within the city;
(N) Weeds. Maintaining, keeping, allowing, or permitting any thistles, burdock, jimson weed, ragweeds, milkweeds, poison ivy, poison oak, iron weeds, or grass in excess of six inches, and all other noxious weeds and rank vegetation of whatever kind or nature, to grow, accumulate, or stand in an improved or unimproved real estate, occupied lots, or vacant lots within the city, or to otherwise cause such premises to be unsightly or unhealthy;
(O) Abandoned refrigerators. Keeping, placing, or storing or permitting to be kept, placed, or stored, outside of any building or dwelling on any property owned or occupied by any person within the city, or keeping, placing, or storing in any other place accessible to children any abandoned, unattended, or discarded icebox, ice chest, or refrigerator which cannot be opened at all times from the inside;
(P) Mosquito breeding. Accumulating of water in which mosquito larvae may breed or which may otherwise be dangerous to health;
(Q) Garbage covers. The deposit of garbage in any fly-proof, water-tight receptacles; the deposit of garbage and trash on road easement prior to the day before waste collection; or
(R) Burning of leaves. The burning of leaves is prohibited at all times.
(1996 Code, 7-2.01) Penalty, see § 92.99
(S) Vegetation.
(1) Whenever there exists overhanging branches of trees, hedges, shrubs, or weeds on the public ways of the city or on private property adjacent thereto, which in the opinion of the Mayor or his or her designee creates a hazard, unsightly conditions, or a nuisance, the Mayor or his or her designee may order the removal of the same by giving the owner of property abutting said public way written notice to remove said branches, hedges, shrubs, or weeds or leaves within ten days from receipt thereof, and if said notice is not complied with within said time, then the Mayor may have the same removed at the expense of such property owner.
(1996 Code, § 11-5.01)
(2) It shall be unlawful for the owner or agent of private property abutting any public way to permit noxious weeds, leaves, or vegetable matter to grow or remain in the area between his or her property line and the paved portion of the street or highway or such public way and it shall be the duty of the abutting property owner to maintain the grass in the unpaved portion of the public way adjacent to his or her property and to keep drainage facilities adjacent to his or her property free from obstruction.
(1996 Code, § 11-5.03)
(T) Pest infestations and extermination. It shall be unlawful for any dwelling within the city to be infested with rats, mice, roaches, or other injurious or unwanted organisms, or infected with any contagious disease. Pest infestations which develop subsequent to the initiation of human occupancy within a dwelling shall be eradicated and all pests exterminated in accordance with the applicable regulations prescribed by the Council and the Director of the County Department of Public Health.
(U) (1) Garbage cans or containers. Garbage, yard waste, and recycling cans or containers storing these items must be set at the designated pickup location no earlier than the day before collection day. All containers must be removed from the curb or street by end-of-day (midnight) collection day.
(2) Definitions. For the purposes of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
RECYCLING. Any process by which materials that would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the Kentucky Natural Resources and Environmental Protection Cabinet, but does not include the incineration or combustion of materials for the recovery of energy.
SOLID WASTE. Any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations and from community activities, but does not include those materials, including sand, soil, rock or gravel, extracted as part of a public road project.
YARD WASTE. Leaves, grass and any other herbaceous or woody materials generated at residential occupancy; those ground, chipped, or shredded materials of herbaceous or woody nature accumulated in bulk by in-house commercial or institutional ground maintenance crews or by contractors engaged in the business of residential or commercial grounds maintenance, tree trimming, leaf clearing, and the like; and other accumulations of herbaceous materials, including Christmas trees.
(1996 Code, § 15-5.02) (Ord. 008, Series 2002, passed 11-18-2002; Ord. 6, Series 2020, passed 9-21-2020) Penalty, see §
92.99