(A) 2012 International Property Maintenance Code; provisions adopted. Provisions of 2012 International Property Maintenance Code, the Kentucky Building Code and the Kentucky Residential Code, as same may be amended from time to time, are adopted by reference herein.
Violations of the provisions therein shall be deemed a nuisance enforceable by any and all provisions of this property maintenance code. Where the language contained in the adopted provisions of the International Property Maintenance Code, the Kentucky Building Code and the Kentucky Residential Code, as same may be amended from time to time, are in conflict with any other provisions herein, the more restrictive language shall govern.
(B) Certain conditions declared unlawful. It shall be unlawful for the owner, resident, tenant, occupant, or persons having control or management of any public or private land within the city to permit such to be in violation of any provision of the International Property Maintenance Code, the Kentucky Building Code and the Kentucky Residential Code, as same may be amended from time to time, as adopted herein, to permit a public nuisance, health hazard, or source of filth to develop thereon, or to permit such to contribute to the material devaluation of surrounding real property due to violations of the property maintenance code. A public nuisance shall include, but is not limited to, the following:
(1) Junk; scrap metal. The storage or accumulation of tires, auto parts, storage tanks, dumpsters, junk machinery, machinery parts, abandoned, discarded or unused appliances, junked appliances, objects or equipment, salvage materials, or scrap metal (whether recyclable or unrecyclable) within the city limits and within the ordinary view except on premises authorized by the city for such purposes;
(2) Accumulation of construction, demolition or landscaping debris. 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, or landscaping or natural damage of grounds, including, but not limited to, fallen trees, tree branches, brush and yard trimmings;
(3) 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.
(4) Compost piles. Any compost pile which is of such a nature as to spread or harbor disease, emit unreasonable, unpleasant odors or harmful gas, or attract rodents, vermin or other disease-carrying pests, animals or insects, provided that the presence of earthworms in a compost pile shall not constitute nuisance;
(5) Nauseous substances or odors. The permitting of any offal, manure, rubbish or filth, decaying animal or vegetable matter, excessive animal excrement or any foul or nauseous substances, or nauseous or offensive odor to be emitted or to be discharged out of or flow from the premises;
(6) Dangerous trees or stacks adjoining streets. The permitting of any tree, shrubbery, hedge or other object to grow or stand in such a condition that it interferes with the use, construction or maintenance of streets or sidewalks, that could cause injury on streets or sidewalks, or that causes an obstruction to drainage or poses a danger to life, limb or property;
(7) Obstruction of storm water and drainage facilities. The permitting of any limbs, leaves, grass clippings or other objects to be placed in a manner that interferes with the use or maintenance of any storm water and drainage facilities;
(8) Visual obstructions of streets. The permitting of any hedge, shrubbery, fence or other visual obstruction on any corner of lot to attain a height which prohibits proper sight distance.
(9) Dilapidated structures. All buildings, walls and other structures 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 safety of the public or which are vacant or abandoned and open or accessible to vagrants or passerby or which are otherwise built, erected or maintained in violation of any ordinance;
(10) Obstructions over streets. All hanging signs, awnings, canopies, wires and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety or to be contrary to ordinance, unless approved by the city;
(11) Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply;
(12) Accumulation of refuse/trash containers. The storing or permitting the accumulation of refuse, unless such refuse 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;
(13) Scattering garbage, etc. Throwing, placing, or scattering of any garbage, rubbish, trash, or other refuse over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove or burn;
(14) Attractive nuisances. The allowing of any physical condition, use or occupancy of any property or premises to be an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, standing pools of water, basements, excavations, retaining walls, unsafe fences and refrigerators, freezers, ice chests, ice boxes or similar airtight box or container which has a locking device inoperable from within, without first unhinging and removing the door or lid and detaching the locking device from the door or lid;
(15) Graffiti. The allowing of any GRAFFITI, which is defined as any inscription, drawing or design that is scratched, painted, sprayed or placed on any surface of any structure that has no redeeming artistic, moral or social value;
(16) Hoarding of materials. The accumulation of combustible materials, trash, food, newspapers, magazines, old clothes and other items that create a serious fire and health hazard that can cause disease, contribute to vermin and/or insect infestations, affect the occupants or the building, neighbors, public safety personnel and the general public, or violate any other city safety code;
(17) Rubbish. An accumulation on any property of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any sidewalk, or property of another;
(18) Storage of explosives. The storage of explosive material, including, but not limited to fireworks, which creates a safety hazard to other property or persons in the vicinity;
(19) Weeds and grass. The excessive growth of weeds, grass, or other vegetation, except flowers or other ornamental vegetation, which are properly maintained. Unless otherwise provided, EXCESSIVE shall mean growth to a height of ten inches or more.
(20) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private property in any open or unfenced lot or place.
(21) Junked motor vehicles. The presence of any junked motor vehicle on public property or on any private lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city and within ordinary view. Further, a junked motor vehicle or parts thereof shall be considered rubbish or refuse, and it shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any motor vehicle on any real property within ordinary view. In addition to the penalties specifically enumerated herein in Chapter 99 of the Dawson Springs' Code of Ordinances, the City of Dawson Springs, after the issuance of at least one citation associated herewith and the failure of the bona fide owner to remedy the same, shall also be allowed to remove any junked motor vehicle as described herein and recoup any towing expenses and impoundment expenses associated therewith. Notwithstanding the foregoing, this provision shall not apply with regard to:
(a) Any motor vehicle on the property of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or
(b) Any motor vehicle on property occupied and used for repair, reconditioning and remodeling of motor vehicles or appliances in conformance with the zoning code of the city; or
(c) Any motor vehicle as defined in KRS 281.0911 that is owned controlled, operated, managed, or leased by a motor carrier.
(22) Generally. In addition to this division, a public nuisance shall also include, but is not limited to, the following:
(a) The physical condition or occupancy of any property regarded as a public nuisance at common law;
(b) Any unsafe structure or property that is unsafe for human habitation;
(c) Any property that is in imminent danger of becoming a fire or other hazard, or is manifestly unsafe or unsecure, so as to pose an imminent threat or danger to life, limb or property;
(d) Any property from which the plumbing, electrical, heating or other facilities required by this property maintenance code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective and the required precautions against trespassers have not been provided;
(e) Any property that is unsanitary, littered with rubbish or garbage or has uncontrolled weeds growing on it; and/or
(f) Any residence, building, outbuilding or other structure that is overcrowded, open, vacant or abandoned, damaged by fire to the extent that it is uninhabitable, in danger of collapse or failure or dangerous to anyone on or near the property.
(23) Unsafe structure; imminent danger. When in the opinion of the Code Enforcement Officer, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Enforcement Officer is hereby authorized and empowered to order and require occupants to vacate the premises forthwith. The Enforcement Officer shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Property Maintenance Code Enforcement Officer.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making repairs, removing the hazardous condition or of demolishing the same. In the event a property owner files a written notice appealing the issuance of a violation or citation within the time approved by this subchapter, a copy of the citation or violation and a copy of the appeal shall be delivered to the Code Enforcement Board.
(24) Problem structures. In that there is a need to establish a period of time a problem structure may remain standing, the appropriate sections of the International Property Maintenance Code dealing with unsafe structures and equipment is amended to add the following:
(a) A problem structure is defined as a building or other structure that poses a nuisance or danger to the public, police department or fire department and includes, but is not limited to the definition in the International Property Maintenance Code, as well as the following:
1. A building whose interior or exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of the base;
2. A building, exclusive of the foundations, that shows 33% or more damage or deterioration to its supporting members or 50% or more damage or deterioration to its non-supporting members or to the enclosing or outside walls or coverings;
3. A building having improperly distributed loads on the floors, or roofs, or in which same are overloaded or have insufficient strength to be reasonably safe to occupants or the public;
4. A building damaged by fire, wind, seismic or other causes so as to cause the building to become dangerous to life, limb or property of the occupants or to the public;
5. A building that has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or is likely to cause sickness or disease or injury to health, safety or general welfare of those living therein;
6. A building having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;
7. A building having inadequate facilities for egress in case of fire or other events, or having insufficient stairways, fire escapes or other means of travel;
8. A building that has parts or elements that are attached or not attached in such a way that they may fall and cause injury to persons or property;
9. A building characterized by disconnected utilities, extensive broken glass, excessive peeling or flaking paint on the exterior walls, loose or rotting materials on the roof or the exterior walls; or
10. Any vacant building or structure not secured from entry or the elements.
(b) When a problem structure which has been damaged by fire or illegal activity, and which is not in danger of structural collapse, has been closed and secured from entry and the elements and the structure continues to remain closed and secured from entry and the elements by approved methods, it may remain standing in a safe condition for a period not to exceed 90 days from the date of the fire, the date of damage from illegal means or the date of the release of the property from a governmental, criminal, fire or explosives investigation, at which time an application must have been made for a building permit to repair or for a demolition permit. If a building permit is requested and approved, repair or renovation work to begin the property into compliance must be completed within 60 days of the date of the issuance of the permit unless an extension is granted by a Code Official or the Code Enforcement Board. If a demolition permit is requested and approved, demolition must be completed with the time established in the permit.
(c) Failure of the property owner to keep the structure closed and secured from entry and the elements or to obtain the required permit in the specified time shall constitute permission to a Code Official, Code Enforcement Officer, employee, or other authorized agent of the city to enter upon the property to remedy the situation and to abate the nuisance which may include abatement by demolition and removal of the problem structure.
(C) Temporary safeguards. Notwithstanding other provisions of this property maintenance code, whenever, in the opinion of the Code Enforcement Officer, there is imminent danger due to an unsafe condition, the Enforcement Officer may order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the enforcement officer deems necessary to meet such emergency.
(D) Closing streets. When necessary for public safety, the Code Enforcement Officer shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit same from being utilized.
(E) Emergency repairs. For the purpose of this section, the Code Enforcement Officer shall employ the necessary labor and materials to perform the required work as expeditiously as possible within the limits of the appropriations for the department. Cost incurred in the performance of emergency work shall be the responsibility of the property owner.
(F) Demolition general. The Code Enforcement Officer may order the owner of any premises upon which is located any structure, which in the Officer's judgment is dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove the structure; is reasonably capable of being made safe by repairs, to repair and make safe and sanitary; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
(G) Liability for damages to remove vehicle or other items from property. No city official, code official, employee, servants, agents, or any department of the city shall be liable for any loss or damage to the junked motor vehicle, junked appliances, rubbish, trash, or other material constituting a violation on the property maintenance code as a result of such being removed from the property or as a result of any subsequent sale or other disposition.
(H) Right of entry. A Code Enforcement Officer may enter upon public or private property to inspect a suspected violation of the property maintenance code when, in ordinary view, there exists reasonable evidence that a violation exists. If the violator does not request a hearing before the Code Enforcement Board and the property is not brought into compliance, or if the Code Enforcement Board orders the property be brought into compliance and the violator refuses, failure to so comply shall constitute permission to a code official, employee or other authorized agent of the city to enter upon the property to remedy the situation and to abate the violation.
(I) Subchapter supplemental to other regulations.
(1) The provisions of this subchapter are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or any other legal entity or agency having jurisdiction.
(2) The provisions of this subchapter shall be deemed cumulative of the provisions and regulations contained in the code of ordinances of the city, save and except that where the provisions of this subchapter and the sections hereunder are in conflict with the provisions elsewhere in this code, then the more restrictive provisions shall prevail.
(J) The provisions of chapter shall not apply to: junked, wrecked, or inoperative automobiles, vehicles, machines, or other similar scrap or salvage materials located on the business premises of a:
(1) Licensed automotive recycling dealer;
(2) Used motor vehicle dealer as defined in KRS 190.010(6); or
(3) Motor vehicle auction dealer as defined in KRS 190.010(11);
(4) Junked, wrecked, or inoperative motor vehicles, including parts cars, stored on private premises by automobile collectors, whether as a hobby or a profession, if these motor vehicles and parts cars are stored out of ordinary public view by means of suitable fencing, trees, shrubbery, or other means; and
(5) Any motor vehicle as defined in KRS 281.010 that is owned, controlled, operated, managed, or leased by a motor carrier.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016; Am. Ord. 2019-07, passed 10-15-2019; Am. Ord. 2019-08, passed 10-15-2019; Ord. 2023-03, passed 5-16-2023)