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(A) The following acts, action, inaction, omissions, behavior or conditions constitute a public nuisance:
(1) Any act, thing, occupation, condition, use of property, non-use of property, misuse of property that continues for a length of time so as to:
(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(b) In any way render the public insecure in life, peaceful uninterrupted existence or in the use of property;
(c) Offend the public morals or decency; and/or
(d) Unlawfully and substantially interfere with, obstruct or tend to obstruct, or render dangerous for passage any street, alley, highway, navigable body of water or other public way, including, but not limited to, sidewalks.
(2) To allow any physical condition, use or occupancy of any premises or its appurtenances be an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, standing pools of water or liquid, basements, excavations, retaining walls and unsafe fences, accessible to children or other persons, on the premises. No person shall abandon or leave unattended in any place accessible to children any refrigerator, freezer ice chest, ice box or similar air-tight box or container, which has a locking device inoperable from within, without first unhinging and removing the door or lid thereof or detaching the locking device from the door or lid. Nothing in this section shall be construed to prohibit the normal use of any refrigerator, ice box, freezer or similar appliance for the storage of food in any home or buildings appurtenant thereto;
(3) For any premises to have unsanitary, defective or insufficient sewerage or plumbing facilities;
(4) To keep or maintain any premises designated by a Code Enforcement Officer as unsafe or unfit for human habitation;
(5) For any premises to present an imminent fire hazard, be in imminent danger of collapse or to be unsafe or unsecure so as to endanger life, limb or property;
(6) (a) For any premises to lack electrical service, plumbing, heating and/or other equipment required by this chapter, the Property Maintenance Code, state statute or any other ordinance of the city; and
(b) If the utility providing natural gas service to a furnace, water heater or other equipment determines that the equipment is defective, the utility shall cite or “red tag” the defective equipment and notify the City Manager, or his or her designee, of such citation. Any equipment so cited by a utility company as defective will be deemed a public nuisance.
(8) For any structure or building to be vacant or abandoned and open or accessible to vagrants or passers-by, or damaged by fire so as to not provide shelter;
(9) To allow on any premises or in any structure decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
(10) To allow on any premises or structure any carcass of an animal, bird or fowl not buried or otherwise properly disposed in a sanitary manner within 24 hours after death;
(11) To allow on any premises or structure any stagnant water in which mosquitoes, flies or other insects may breed or multiply. For stagnant water that cannot be easily eliminated, a property owner may use mosquito dunks or other environmentally safe larvacides to kill mosquitoes and other insects and evidence of the effective use of such products will constitute a defense to any citation issued under this section;
(12) To allow any rubbish to remain on any premises;
(13) To allow any premises or structure to pollute any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other polluting substances;
(14) To allow any premises or structure within the city limits, or within one mile thereof, to emit or cause any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches repulsive to the physical senses of ordinary persons, or that annoy, cause discomfort or injure the health of any appreciable number of persons within the city;
(15) To feed pigeons in public areas;
(16) To install, maintain or operate or allow to be installed, maintained or operated an outdoor pay telephone, as that term is defined in § 94.050 of this code of ordinances, on any premises zoned for residential use or on any premises used, in whole or in part, for residential purposes, or in violation of §§ 94.050 through 94.052 of this code of ordinances;
(17) To use a vehicle to further engage in the act of prostitution as defined by KRS 529.020 and 529.080:
(a) A vehicle, operated with the permission, express or implied, of the owner of the vehicle, that is used in the commission of the act of engaging in or soliciting prostitution, shall be declared a public nuisance and may be impounded;
(b) The operator and/or owner of the vehicle shall be liable for all towing, storage, penalties and administrative fees related to the impounded vehicle;
(c) There shall be administrative fee of $500, in addition to any towing, storage and penalty fees, for the return of an impounded vehicle used in the commission of the act of engaging in or soliciting prostitution; and
(d) The operator or owner of a motor vehicle which has been impounded pursuant to this subchapter may file an appeal pursuant to the procedures outlined in § 74.089 of this code of ordinances that is incorporated by reference.
(18) To allow excessive growth of weeds, grass or similar items.
(B) Any violation of the above-referenced acts, omissions, behaviors or conditions is a public nuisance and shall constitute a civil offense and a violation of this chapter, subject to the remedies set forth in §§ 92.18, 92.21 and 92.99 of this chapter. In addition, for a violation of divisions (A)(4), (A)(5) or (A)(8) above, the city may expend labor and materials to abate the nuisance.
(C) For violations of divisions (A)(12) or (A)(18) above, any officer designated by the city, in additional to the procedures set forth in §§ 92.17 through 92.23 of this chapter, may give five days’ written notice to remedy such situation and said notice shall be served in accordance with § 92.17(B). If no compliance is achieved within the time frame given, the city is authorized to send employees or agents upon the property to remedy or abate the situation. If city employees or agents are utilized to remedy the situation, the city shall have a lien against said property for the reasonable value of labor and materials and/or abatement costs used in remedying such situation. An affidavit of a Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this section and it shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. The lien created shall take precedence over all other liens, except state, county, school board and the city taxes, and may be enforced by judicial proceeding if all legal requirements are satisfied. The city’s lien may also be enforced through a civil action in accordance with § 92.19.
(1984 Code, § 92.05) (Ord. O-13-03, passed 4-1-2003; Ord. O-13-03, passed 4-1-2003; Ord. O-38-03, passed 6-24-2003; Ord. O-66-03, passed 10-28-2003; Ord. O-82-03, passed 12-16-2003; Ord. O-55-04, passed 8-24-2004; Ord. O-59-08, passed 12-16-2008; Ord. O-49-12, passed 12-4-2012; Ord. O-30-15, passed 8-18-2015; Ord. O-32-16, passed 11-15-2016; Ord. O-15-20, passed 8-11-2020) Penalty, see § 92.99