The following sections and subsections are hereby revised as stated below.
Section 101.1. Title. Insert “City of Covington, Kentucky” for name of jurisdiction.
Section 102.3 Application of other codes. This subsection is replaced as follows:
“Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the Kentucky Building Code, Kentucky Residential Code, Kentucky Plumbing Code, Kentucky Mechanical Code, Kentucky Standards of Safety, National Fire Code, and the National Electric Code, as well as any other codes adopted by the Commonwealth of Kentucky now and in the future. Nothing in this Code shall be construed to cancel, modify, or set aside any provision of the Zoning Code for the City of Covington, Kentucky.”
Section 102.7 Referenced Codes and Standards. This subsection is replaced as follows:
“The codes and standards referenced in this code shall be those that are listed in 107.1 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.”
Section 103.1 General. This subsection is replaced as follows:
“The City of Covington Neighborhood Services Department shall be responsible for the enforcement of the Property Maintenance Code. Code Enforcement Officers who have been designated appropriately under state and local laws shall be known as “code officials” under this Code.”
Section 103.2 Appointment. This subsection is not adopted.
Section 103.3 Deputies. This subsection is not adopted.
SECTION 106 VIOLATIONS. This heading is replaced with the following heading:
Section 106.2 Notice of violation. The heading of this subsection and the subsection itself are replaced as follows:
“Section 106.2 Violations of the Property Maintenance Code; notice of violation, citations, appeals, and liens.
“A code official shall carry out all Property Maintenance Code actions in accordance with the legal requirements adopted by the City of Covington regarding code enforcement procedures, set forth in Chapter 92 of the City of Covington Code of Ordinances and based on applicable Kentucky laws.”
Section 106.3 Prosecution of violation. The subsection is replaced as follows:
“A code official shall carry out all Property Maintenance Code actions in accordance with the legal requirements adopted by the City of Covington regarding code enforcement procedures, set forth in Chapter 92 of the City of Covington Code of Ordinances and based on applicable Kentucky laws.”
Section 106.4 Violation penalties. This heading and subsection are replaced with the following:
“Section 106.4 Penalties for violation of Property Maintenance Code.
(1) A violation of this code shall constitute a civil offense, and any person, firm or corporation who violates any provision of this subchapter shall be subject to a civil fine identified in § 92.99 of the Covington Code of Ordinances, or the cost to the City of Covington to abate the violation, or both.
(2) The City of Covington shall possess a lien on property for all fines, penalties, charges, attorney’s fees and other reasonable costs associated with enforcing this code and placing of a lien on the parcel of real property pursuant to this code. The lien shall be superior to and have priority over all other liens, except state, county, school board and city taxes if all legal requirements are satisfied.”
SECTION 107 NOTICES AND ORDERS. This heading is replaced with the following heading:
“SECTION 107
VIOLATIONS OF STATE CODES”
Section 107.1 Notice to person responsible. The heading of this subsection and the subsection itself are replaced as follows:
Section 107.1 Violations of the state codes; citation, appeals, and liens.
“Code officials may issue citation(s) for violation(s) of the Kentucky Building Code, Kentucky Standards of Safety, Kentucky Plumbing Code, Kentucky Residential Code, Kentucky Mechanical Code, National Fire Code, and the National Electric Code (“state codes”). Citations shall be issued in the same manner as set forth in subsection 106.2(4) and (5) and penalties may be imposed as set forth in subsection 106.3. To appeal a citation finding a violation of a state code, the alleged violator may appeal the citation pursuant to Chapter 92 of the Covington Code of Ordinances.”
Section 107.2 Form. This section is not adopted.
Section 107.3 Method of service. This section is not adopted.
Section 107.4 Penalties. This section is not adopted.
Section 108.3 Notice. This subsection is replaced as follows:
“A code official shall give notice of any enforcement actions arising from the Property Maintenance Code in accordance with the legal requirements adopted by the City of Covington regarding code enforcement procedures, set forth in Chapter 92 of the City of Covington Code of Ordinances and based on applicable Kentucky laws.”
Section 108.4 Placarding. This subsection is replaced as follows:
“With respect to structures that violate this subsection, upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises a placard bearing the following language:
This building is unfit for human habitation, occupancy, or use; the use or occupation of this building for human habitation, occupancy, or use is prohibited and unlawful.
With respect to defective equipment, upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the equipment a placard that the equipment is defective and should not be used and/or may have the equipment rendered inoperable until such time as it complies with this Code.”
Section 108.4.1 Placard Removal. This subsection is replaced as follows:
“The code official shall remove the above-referenced placard whenever the defect or defects upon which the placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be deemed guilty of a class “A” misdemeanor and subject to immediate arrest and applicable fines.”
Section 108.5 Prohibited occupancy. This subsection is replaced as follows:
“Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be deemed guilty of a class “A” misdemeanor and subject to immediate arrest and applicable fines.”
Section 109.5 Costs of emergency repairs. This subsection shall be revised to read as follows:
“Cost incurred in the performance of emergency work shall by paid by the City. The City may recover these costs by filing a lien on the property on which the emergency work was performed and it may recover these costs by foreclosing on this lien or by taking other appropriate legal action.”
Section 109.6 Hearing. This subsection is replaced as follows:
“Any person ordered to take emergency measures shall comply with such order immediately in accordance with the City of Covington Code of Ordinances and applicable Kentucky law. Any affected person may appeal a citation and order to take emergency measures to the Code Enforcement Board pursuant to Chapter 92 of the Covington Code of Ordinances and any applicable Kentucky law. All relevant portions of Chapter 92 of the Covington Code of Ordinances shall apply with regard to the filing and hearing of an appeal to the Code Enforcement Board and any subsequent appeal authorized by law.”
Section 110.2 Notices and orders. This section is replaced as follows:
“A code official shall give notice of any enforcement actions arising from the Property Maintenance Code in accordance with the legal requirements adopted by the City of Covington regarding code enforcement procedures, set forth in Chapter 92 of the City of Covington Code of Ordinances and based on applicable Kentucky laws.”
110.4. Salvage materials. This section is replaced as follows:
“When any structure has been ordered demolished and removed, the City Board of Commissioners or other designated officer under said contract or arrangement shall have the right -- but is not required -- to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal and after the payment of any liens, fines, or taxes owed on the property, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.”
Section 111 Means of appeal. This section and all following subsections or subchapters shall not be adopted.
Section 202 GENERAL DEFINITIONS.
The definition of “CODE OFFICIAL” is revised to read as follows:
“CODE OFFICIAL. A Code Enforcement Officer or other official who is charged with the administration and enforcement of this code, or any duly authorized representative.”
Section 304.14 Insect screens. The two dates to be inserted in this subsection are April 30th and October 31st.
“Section 308 RUBBISH AND GARBAGE.
Section 308 is replaced with the following:
“All owners and occupants in the city shall follow applicable solid waste and recycling rules and regulations, as set forth in Chapter 95 of the Covington Code of Ordinances.”
Section 309.3 Single occupant. This subsection is replaced as follows:
“Section 309.3 Single occupant. Both the owner and the occupant of a one-family dwelling or of a single-tenant non- residential structure shall be jointly and severally liable and/or responsible for extermination on the premises.”
Section 306.5 Occupant. This subsection is replaced as follows:
“Section 306.5 Occupant. Both the owner and the occupant of any structure shall be jointly and severally liable and/or responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be solely responsible for extermination.”
Section 601.1 Scope. This subsection is replaced as follows:
“Section 601.1 Scope. The provisions of this subchapter, Chapter 150 of the City Code of Ordinances, and Appendix “A” to Chapter 150 of the Code all shall govern the minimum mechanical and electrical facilities and equipment to be provided.”
Section 602.1 Facilities Required. This heading and subsection are replaced as follows:
“Section 602.1 Heating Facilities. Heating facilities shall be provided in structures as required by this section. Every residential and commercial occupancy shall have a permanent heat source. A permanent heat source is one in which the power source is either hard wired or piped into the appropriate utility.”
Section 602.3 Heat supply. The two dates to be inserted in this subsection are September 30 and May 31.
Section 602.4 Occupiable work spaces. The two dates to be inserted in this subsection are September 30 and May 31.
Section 604.2 Service. This subsection is replaced as follows:
“The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electric Code. Dwelling units shall be served by a three wire, 120/140 volt, single phase electrical service having a rating of not less than 60 amperes.”
Section 701.1 Scope. This subsection is replaced as follows:
“Section 701.1 Scope. The provisions of this subchapter and Chapter 151 of the City Code of Ordinances shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.”
(1984 Code, § 152.21) (Ord. O-81-03, passed 12-16-2003; Ord. O-63-05, passed 11-29-2005; Ord. O-25-06, passed 5-9-2006; Ord. O-52-07, passed 11-27-2007; Ord. O-9-08, passed 3-18-2008; Ord. O-33-16, passed 11-15-2016; Ord. O-13-17, passed 6-27-2017; O-16-20, passed 8-11-2020)