For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABATE." To repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this subchapter by such means and in such a manner and to such an extent as the applicable city department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community.
"CONTROL." The ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property.
"CHRONIC NUISANCE PROPERTY." Any real property on which three or more nuisance activities exist or have occurred during any 365 day period.
"DRUG-RELATED ACTIVITY." Any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined under KRS Chapters 217 and 218A, legend drug as defined in KRS Chapter 217, or imitation controlled substances as defined in KRS Chapter 217 and 218A;
"GOOD CAUSE." Circumstances beyond the ability of a person acting with reasonable care and diligence to control.
"NUISANCE ACTIVITY OR ACTIVITIES."
(1) Any nuisance as defined by state law or local ordinance occurring on, around or near a property, including, but not limited to, violations of the following laws and regulations:
(a) Abandoned and junk vehicles, as defined § 99.02;
(b) Fire prevention, Bellevue Code of Ordinances Chapter 93;
(c) International Property Maintenance Code as adopted by the City of Bellevue, as defined in Bellevue Code of Ordinances Chapter 156;
(d) Noise Violations, as defined in Bellevue Code of Ordinances Chapter 94;
(e) Animals Violations, as defined in Bellevue Code of Ordinances Chapter 90;
(f) Nuisances Violations, Bellevue Code of Ordinances Chapter 95;
(g) Building Regulations Violations, Bellevue Code of Ordinances Chapter 150;
(h) Rental Inspections Violations, as defined in Bellevue Code of Ordinances Chapter 156A; and
(i) Zoning Code and Subdivision Regulation violations as defined in Bellevue Code of Ordinances Chapters 157 and 158.
(2) Any criminal conduct as defined by state law or local ordinance occurring on, around or near a property, including, but not limited to, the following activities or behaviors:
(a) Harassment, as defined in KRS 525.070 through 525.080;
(b) Disorderly Conduct, as defined in KRS 525.055 or KRS 525,060;
(c) Assault, menacing, wanton endangerment, terroristic threatening, criminal abuse and stalking as defined in KRS 508.90 through 508.160;
(d) Any Domestic Violence offenses as defined in KRS 403.715 to 403.785;
(e) Endangering the welfare of a minor or an unlawful transaction with a minor as defined in KRS 530.060 through 530.080;
(f) Prostitution offenses as defined in KRS 529.010 through 529.110;
(g) Public Disturbance Noises;
(h) Weapons related offenses as defined in KRS 527.010 through 527.210;
(i) Any Drug-Related Activity as defined by KRS 218A.010 through 218A.1444;
(j) Public intoxication as defined in KRS 525.100;
(k) Robbery as defined in KRS 515.010 through 515.030;
(l) Receiving stolen property as defined in KRS 514.110; and
(m) Sexual exploitation, as defined in KRS 531.300 through 531.370.
(3) For purposes of this subchapter, "Nuisance Activity" shall not include conduct where the Person Responsible is the victim of a crime and had no control over the criminal act.
(4) To qualify, all nuisance activities must be based on either:
(a) Personal observation of a police officer, or code enforcement officer; or
(b) A determination by a police officer or code enforcement officer, either after an investigation or following a sworn statement of a person who personally witnessed the alleged incident that the alleged nuisance activities did, in fact, occur.
"PERSON RESPONSIBLE FOR PROPERTY." or "PERSON RESPONSIBLE." Unless otherwise defined, any person who has titled ownership of the property or structure which is subject to this subchapter, an occupant in control of the property or structure which is subject to this subchapter, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to this subchapter and/or any person who has control over the property and allows a violation of this subchapter to continue.
"PERMIT." To suffer, allow, consent to, acquiesce by failure to prevent or expressly assent or agree to the doing of the act.
"PERSON." Natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them.
"PREMISES AND PROPERTY." May be used by this subchapter interchangeably and means any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as residential property.
"RENTAL UNIT." Any structure or that part of a structure, including, but not limited to, single-family home, room or apartment, which is rented to another and used as a home, residence, or sleeping place by one or more persons.
"RESIDENTIAL LANDLORD." A real property owner of land upon which is located one or more dwelling units based or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semi-permanent site at which lots are based or otherwise rented to tenant for the parking of a manufactured home, mobile home, or residential vehicle that is solely for residential purposes.
(Ord. 2012-11-01, passed 12-12-12)