For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED REAL PROPERTY. Real property or any improvements thereon that is vacant, unoccupied, or not in use for a period of one year and which is any of the following: neglected, dilapidated, unsanitary, vermin infested, not serviced by public utilities, dangerous to the safety of persons, unfit for its intended use, by reason of neglect or lack of maintenance had become a place for the accumulation of trash or debris, or has been tax delinquent for a period of at least three years.
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.
CODE OFFICIAL. Property Maintenance Code Enforcement officer(s) or their duly authorized representatives, all of whom are charged with the administration and enforcement of this subchapter. In the event the city does not have a CODE OFFICIAL, the City Attorney shall have full power and authority to enforce this subchapter but shall have no authority to issue a violation or citation.
CREDITOR. A federal or state chartered bank, savings bank, savings and loan association, or credit union, and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, services.
DEMOLITION. Shall be defined as the act of demolishing or raising of a building, structure or part thereof to the ground level or as further defined within a permit or written directive issued by a code official.
FINAL ORDER. Any order:
(1) Issued by the Code Enforcement Board following a prescribed hearing;
(2) Created because a violator neither paid nor contested the citation within seven days as provided by ordinance; or
(3) Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided by ordinance.
IMMINENT DANGER. A condition which is likely to cause serious or life threatening injury or death at any time.
JUNKED APPLIANCE. Any unit, or part thereof, of machinery, furniture, or equipment, whether functional or ornamental, and whether mechanical or powered by some source of energy or not, including, but not limited to, stoves, refrigerators, television sets, beds, lamps, tools, objects of art, and the like, the condition of which upon inspection, are found to be in one or more of the following conditions:
(1) Wrecked;
(2) Dismantled;
(3) Partially dismantled;
(4) Inoperative;
(5) Abandoned;
(6) Discarded;
JUNKED MOTOR VEHICLES. Any vehicle, device or other contrivance, or parts thereof, propelled by human or mechanical power that if operational, would be used for transportation of persons or property on public streets and highways, which upon inspection, are found to be in one or more of the following conditions:
(1) Wrecked;
(2) Dismantled;
(3) Partially dismantled;
(4) Inoperative;
(5) Abandoned;
(6) Discarded;
OFFENSES.
(1) FIRST OFFENSE. A violation of this property maintenance code as per a citation issued on a specific parcel or property on one occasion within 24-month period.
(2) SECOND OFFENSE. Any combination of violations of this property maintenance code as per citation issued on a specific parcel of property on two occasions within a 24-month period.
(3) THIRD + OFFENSE. Any combination of violations of this property maintenance code as per a citation issued on a specific parcel of property on three or more occasions within a 24-month period.
ORDINARY PUBLIC VIEW. A sight line within normal visual range by a person on a public street or sidewalk adjacent to real property;
ORDINARY VIEW. A sight line within normal visual range by a person on a public street or sidewalk or adjacent real property.
OWNER. A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
PARTS CAR. An automobile that is not intended to be operated along streets and roads, but is used to provide parts for the restoration of other automobiles.
PERSON. Any individual firm, business, partnership, association, corporation, company or organization of any kind.
PREMISES. A lot, plot, or parcel of land, including any structures upon it.
PROPERTY MAINTENANCE CODE. The “nuisance code” as that term is defined in KRS 82.700(3). It shall consist of all the provisions set forth herein and any pursuant to KRS 82.700 et seq. and/or other state law or other nuisance statutes, as maybe amended from time to time.
PROPERTY MAINTENANCE CODE ENFORCEMENT BOARD or CODE ENFORCEMENT BOARD or BOARD. The administrative body erected and acting under the authority of the KRS 82.700 to 82.725 and other state law.
PROPERTY MAINTENANCE CODE ENFORCEMENT OFFICER or CODE ENFORCEMENT OFFICER. All city citation officers and other positions authorized to enforce the municipal code. In the event the city does not have a Property Maintenance Code Enforcement Officer or Code Enforcement Officer, the City Attorney shall have full power and authority to enforce this subchapter but shall have no authority to issue a violation or citation.
REMEDY. The action taken to abate any nuisance, in order to bring the property determined to be in violation, into compliance with the requirements of this property maintenance code.
RENTAL PROPERTY. Any real property in which a person receives payment by another for use or occupation of the property, however it shall not include the primary residence of the person receiving payment by another for the use or occupation of the property.
RESIDENTIAL PROPERTY. Real property with one to four dwelling units.
VACANT. Any real property with no legal resident or tenant. Evidence of vacancy includes any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to overgrown or dead vegetation, accumulation of flyers, mail, or trash, disconnected utilities, the absence of window coverings or furniture, and statements by neighbors, delivery persons, or government employees.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016; Ord. 2023-03, passed 5-16-2023)