The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABATEMENT COSTS. A local government’s necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation and to maintain and preserve the public health, safety, and welfare in accordance with any local government ordinance.
ADMINISTRATIVE HEARING BOARD. An administrative body created and acting under the authority of the KRS 65.8801 to 65.8839.
BLIGHTED. As defined in KRS 99.705.
BLIGHTED OR DETERIORATED PROPERTY. Any vacant structure or vacant or unimproved lot or parcel of ground in a predominately built-up neighborhood:
(1) Which because of the physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with a city of any class, or in counties containing a city of the first class or consolidated local government, with the housing, building, plumbing, fire, or related codes;
(2) Which because of physical condition, use, or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
(3) Which because it is dilapidated, unsanitary, unsafe, vermin-infested, or lacking in the facilities and equipment required by the housing code of a city or county containing a city of the first class or consolidated local government, has been designated by the department responsible for enforcement of the code as unfit for human habitation;
(4) Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;
(5) From which the utilities, plumbing, heating, sewerage, or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;
(6) Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
(7) Which has been tax delinquent for a period of at least three years; or
(8) Which has not been rehabilitated within the time constraints placed upon the owner by the appropriate code enforcement agency.
CODE OFFICIAL. As used in the International Property Maintenance Code, shall be deemed to be the City Building Inspector, Engineering Technician, City Fire Marshal, if applicable, the Code Enforcement Officer (or their duly authorized representatives), Winchester Municipal Utilities officials, and sworn officers and all shall be charged with the administration and enforcement of this code.
FINAL ORDER. Any order:
(1) Issued by the Administrative Hearing Board in accordance with KRS 65.8828(4) or (6);
(2) Issued by an assigned hearing officer in accordance with KRS 65.8829(7) and that is not appealed to the Administrative Hearing Board as provided in KRS 65.8828(6);
(3) Created because a violator neither paid nor contested the citation within seven days as provided in KRS 65.8825(6); or
(4) Created because of a failure of a violator to appear at a hearing the violator requested to contest the citation as provided in KRS 65.8828(1).
IMMINENT DANGER. A condition that is likely to cause serious or life-threatening injury or death at any time.
OWNER. A person, association, corporation, partnership or other legal entity having a legal or equitable title in real property.
PREMISES. A lot, plot or parcel of land, including any structures upon it.
REDEVELOPMENT. The planning or re-planning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a property in its preparation for residential and related uses, as may be appropriate or necessary.
REMEDY. The action taken to abate any nuisance to bring property in violation of the code into compliance with the requirements of this chapter.
RESIDENTIAL AND RELATED USE. Residential property for sale or rental and related uses; including, but not limited to, park and recreation areas, neighborhood community service, and neighborhood parking lots.
THE CODE. Any ordinances adopted by the city pursuant to KRS 65.8801or subsequently adopted.
VACANT PROPERTY REVIEW COMMISSION. A commission established by ordinance to review vacant properties to make a written determination of blight and deterioration.
(Ord. 2011-7, passed 7-27-2011; Ord. 2022-2, passed 3-24-2022)