27-5.05   Certain Conditions Declared a Nuisance.
It shall be unlawful for the owner, occupant or person having control or management of any public or private land within the City to permit a public nuisance to develop thereon. Public nuisances include, but are not limited to the following conditions:
   a.   Junk; scrap metal. The storage of junk motor vehicles, motor vehicle parts, storage tanks, refuse/trash containers not being served by garbage collection franchisees, junk machinery, machinery parts, abandoned, discarded or unused appliances, objects neglected and not being used for their intended purpose, unused containers, objects or equipment in unusable condition such as stoves, refrigerators, washers, dryers and similar equipment, or scrap metal within the City limits, except on premises authorized by the City for such purposes;
   b.   Accumulation of construction, demolition, landscaping debris or other waste materials. All exterior property and premises shall be free from any accumulation of combustible and noncombustible waste materials, including any material resulting from maintenance, demolition, repair, alteration or construction of buildings, structures or grounds. Exterior property and premises shall be free from landscaping debris or natural damage of grounds, including, but not limited to ashes, stones, glass, concrete, unused piles or bags of rock/mulch/soil, fallen trees, tree branches, limbs, brush and yard trimmings;
   c.   Exterior use or storage of indoor furniture. The use or storage of furniture which is upholstered or not designed for outdoor use in an uncovered or exposed area in which it is likely to decay, decompose or retain moisture causing a health hazard;
   d.   Compost piles. All compost shall be contained to compost bins and all material included in the bin shall originate from the property where it is located. Compost bins must not exceed one hundred twenty-five (125) cubic feet and must be made of permanent materials, including but not limited to wood, fiberglass, wire or metal. Compost bins should be constructed to prevent the harborage of rodents and insects and to mitigate noxious odors. Compost bins are not allowed in the front or side yards and must be at least five (5) feet from the property line with a maximum of three (3) bins per residence;
   e.    Nauseous substances or odors. The permitting of any manure, rubbish or filth, animal carcass, decaying animal or vegetable matter, excessive animal excrement or any foul or nauseous substance, or nauseous or offensive odor to be emitted or to be discharged out of or flow from the premises;
   f.   Dangerous trees or objects adjoining streets. The permitting of any tree, shrubbery, hedge or other object adjoining public rights-of-way to grow or stand in such a condition that it interferes with the use, construction or maintenance of streets or sidewalks, that could cause damage to streets or sidewalks, or that causes an obstruction to drainage or poses a danger to life, limb or property of persons using the sidewalks or rights-of-way. No person shall allow any dead tree adjoining public sidewalks or rights-of-way;
   g.   Visual obstructions of streets. The permitting of any hedge, shrubbery, fence, structure, object or other visual obstruction on any lot to prohibit proper sight distance to such an extent it presents a hazard to persons or property using the sidewalks, streets or public ways adjacent to such property;
   h.   Dilapidated structures. All buildings, walls and other structures including, but not limited to greenhouses, smokehouses, antennas, retaining walls, mailboxes and fences, which have been damaged by fire, decay or otherwise and which are in a state of dilapidation, deterioration or decay so as not to provide shelter, sufficient sewer, plumbing, electrical or heating facilities or which are unsound or in danger of collapse or failure and which are a danger to the safety of the public or which are vacant or abandoned and open or accessible to vagrants or passersby or which are otherwise built, erected or maintained in violation of any ordinance.
      1.   All fences and walls shall be structurally sound and maintained in good repair. Repair of fences and walls shall be made with materials that are comparable in composition, color, size, shape, design and quality to those originally used to construct the fence or wall being repaired. Materials for new fence or wall construction shall be insect and/or weather resistant or have protective treatment applied. Materials such as pallets, slabs, reclaimed or repurposed construction refuse, or similar materials are not an acceptable construction material;
   i.   Standing or Stagnant water. All standing or stagnant water in which mosquitoes, flies or other insects can multiply, or which causes nauseous or offensive odor;
   j.   Accumulation of refuse/trash and placement of trash/recycle containers. The storing or permitting the accumulation of refuse/trash, unless such refuse/trash is kept separately in standard refuse/trash containers or dumpsters which are covered by solid, tight fitting lids and which have no uncovered holes, and the storing or permitting the accumulation of refuse and trash for which removal of refuse and trash is not provided. Trash/recycling containers in residential areas are permitted more than five (5) feet past the front corner of the residence only on the assigned trash/recycling pickup date for the residence where they are placed;
   k.    Scattered garbage. The throwing, placing or scattering of any garbage, rubbish, trash or other refuse over or upon any premises, or the allowing of any scattered garbage, rubbish, trash or other refuse to remain on a property. No refuse/trash shall be stored or accumulated in a manner that allows for blowing or scattering onto adjacent properties;
   l.   Attractive nuisances. The allowing of any physical condition, use or occupancy of any property or premises to be an attractive nuisance to children, or for illicit purposes, crime, drugs and/or vagrancy, including, but not limited to abandoned buildings, vacant lots, wells, shafts, standing pools of water, sinkholes, basements, excavations, retaining walls, and unsafe fences. Refrigerators, freezers, ice chests, ice boxes or any similar airtight box or container at an outdoor location which has a locking device inoperable from within, shall first unhinge and remove the door or lid and detach the locking device from the door or lid. Refrigerators, freezers, ice chests, or ice boxes in use at an outdoor location shall be equipped with an exterior locking device to prevent unintended access;
   m.   Graffiti. The allowing of any graffiti to remain on a property or premises;
   n.   Hoarding of materials. The accumulation of materials, trash, food, newspapers, magazines, old clothes and other items that create a serious fire or health hazard that can cause disease, contribute to vermin and/or insect infestations, affect the occupants of the building, neighbors, public safety personnel and the general public, or contribute to an unsanitary environment unfit for human habitation;
   o.   Parking in yards. The parking or storage or allowing another to park or store a motor vehicle in the front, side or rear yard of any property upon any surface other than an improved parking surface.
      1.   For the purposes of this Section “motor vehicle” is defined as a licensed means of motorized transportation for the movement of people and goods along public roadways including, but not limited to cars, trucks, vans, RVs and motorcycles.
      2.   Trailers of all types, including travel, boat, camping and hauling, may be parked or stored on back or side yards of residential property without requirement of an improved parking surface, but shall not be parked in front yards upon any surface other than an improved parking surface.
   p.   Junk Mobile or Manufactured Homes. The allowing of one (1) or more mobile or manufactured home or recreational vehicle as defined in KRS 227.550 that is junked, wrecked or inoperable and which are abandoned or not inhabited;
   q.   Tires. The outdoor storage of unused, scrap or waste tires in any amount is deemed a hazard to public health and safety and a fire hazard, and is prohibited within the City limits, except on premises authorized by the City for such purposes.
   1.    Unused, scrap or waste tires shall not be placed at the curb or placed with refuse awaiting collection, and shall be properly recycled or disposed of by the owner.
   r.   Abandoned Structures. It shall be unlawful to allow any building or structure to become abandoned.
(Ord. BG2003-61, 12/2/2003; Ord. BG2014-12, 8/5/2014; Ord. BG2022-41, 9/6/2022)