For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. Any vehicle which remains unlicensed or unregistered for a period of 90 days.
BUILDING. In addition to its ordinary meaning, means any structure; and, includes homes, fences, carports, garages, sheds, bridges or frameworks. BUILDING shall also mean any combination of materials, whether portable or fixed and which comprises a structure or underground area affording facilities or shelter for any human occupancy, whether infrequent or regular, and also means single-family dwellings, including those sold or constructed under a trade or brand name. The word BUILDING shall be construed wherever used herein as if followed by the words “or part or parts thereof and all equipment therein,” unless the context clearly requires a different meaning. BUILDING shall also mean swimming pools constructed below grade on site, as well as above grade on site. BUILDING shall also mean a manufactured home governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C., sections 5401 et seq. BUILDING, in addition to its ordinary meaning, also means any structure, vehicle, watercraft or aircraft where any person lives; or where people assemble for purposes of business, government, education, religion, entertainment or public transportation. Each unit of a building consisting of two or more units separately secured or occupied is a separate building.
BUSINESS DISTRICT. The territory contiguous to and including a highway if, within 600 feet along the highway, there are buildings in use for business or industrial purposes that occupy 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
DWELLING UNIT or HOME. A building which is usually occupied by a person lodging therein.
EYESORE VEHICLE. Any vehicle that is inoperable or is not roadworthy for 30 or more days if the vehicle is not wholly covered by a form fitting cover made for that purpose, or is not otherwise shielded from public view by enclosure, if any of the following conditions are associated with the vehicle:
(1) Two or more tires are flat or do not hold air; or
(2) One or more windows are broken or reveal two or more cracks or a crack greater than six inches in area; or
(3) One or more windows are absent; or
(4) Any major part of the body is missing, including but not limited to a window, door, quarter panel, fender, bumper, or side panel; or
(5) Any part of the body utilizes any form of cardboard, board, paper, tape, wire, rope or other like device or adhesive to maintain the structural integrity or shape of the vehicle or vehicle part beyond that generally accepted by a bona fide car repair center or manufacturer; or
(6) Due to defect or damage to the vehicle, the interior portion thereof admits rain or snow.
EYESORE VEHICLE PART. Any unattached part or parts of a vehicle that would normally be attached to a vehicle, including but not limited to a tire or tires, a window or windows, a door or doors, a quarter panel or quarter panels, a fender or fenders, a bumper or bumpers, a hood or hoods, a side panel or panels, an axle or axles.
HE or HIS. Any natural person or persons and, where relevant, a corporation or an unincorporated association or business.
HIGHWAY. A highway, thoroughfare, artery, road or street maintained by the Kentucky Department of Highways or by the city.
LAW. Includes statutes, ordinances, and properly adopted regulatory provisions. Unless the context otherwise clearly requires, LAW also includes the common law.
LITTER. Rubbish, refuse, waste material, offal, paper, glass, cans, bottles, trash, tin, metal, nails, limbs, sticks, debris, boxes, cartons, clutter, or any foreign substance of whatever kind or description and whether or not it is of value.
MISDEMEANOR. An offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than 12 months can be imposed.
OFFENSE. Conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of the state or by any law, local law, or ordinance of a political subdivision of the state or by any law, order, rule, or regulation of any governmental instrumentality authorized by law to adopt the same.
OPEN FIELD. Undeveloped ground that is not covered in whole or in part by asphalt, which sits mostly unattended, and is not otherwise used for either the long or short term to store vehicles, equipment, debris or artificial material of any kind.
OWNER. A person who holds the legal title to real estate or personalty or a person who pursuant to a bona fide sale has received physical possession of the real estate or personalty subject to any applicable security interest.
PERSON. A human being, any individual person (or persons), a person, a mortgagee, a firm, a business, a corporation or other legal entity. Where appropriate, PERSON also means a public or private corporation, an unincorporated association, a partnership, a government, a business or a governmental authority.
PLUMBING FIXTURE. The pipes and/or fixtures that carry or use water or gas in a building.
POSSESSION or POSSESSES. To have actual physical possession or otherwise to exercise actual dominion or control over a tangible object. With respect to residential property a person is deemed, for purposes of this chapter, to possess such property if the person owns, rents, lives or resides in or on such property.
PREMISES. Includes the term BUILDING as defined herein and any real property.
RESIDENTIAL DISTRICT. The territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of 300 feet or more is improved.
ROADWORTHY. A vehicle or motor vehicle, which if operated on any highway, public road, street, avenue, alley, boulevard, bridge, viaduct, or trestle or the approaches to the same in the state, would not be in violation of any of the provisions of KRS Chapter 189 merely by the sake of such operation thereupon.
ROOMING HOUSE. A structure wherein persons rent rooms for residential occupancy and the persons residing in separate rental rooms or suites share common facilities, such as bathroom or kitchen areas.
SANITARY FACILITY or SANITARY FACILITIES. Kitchen sink(s), toilet(s), restroom(s), bathroom(s), washroom(s), tub(s), shower(s), water pipe(s) or fixture(s), waste pipe(s) or fixture(s), or water closet(s).
SIDEWALK or PUBLIC WALKWAY. A way for pedestrian travel of the general public.
SIDEWALK DEBRIS. The accumulation of litter, as defined in this chapter, upon any concrete sidewalk or public walkway made of concrete or like material.
SIDEWALK DEFICIENCY. A hole or holes, a depression or depressions, a break or breaks, crack or cracks in the foundational or surface area of a concrete sidewalk or public walkway made of concrete or like material in excess of 1/16 inch in width or depth; and/or, to such an extent that earth, grass, foreign matter (including dirt or mud) or plant material is visible in any crack or break; and/or, to such an extent that earth, grass, foreign matter (including dirt or mud) or plant material covers any portion thereof. SIDEWALK DEFICIENCY also means scouring of the foundational or surface area of a concrete sidewalk or public walkway made of concrete or like material.
STRUCTURE. Shall have the same meaning as BUILDING.
STRUCTURE/BUILDING COMMERCIAL. Shall have the same meaning as BUILDING.
UNFIT FOR HUMAN HABITATION, OCCUPANCY OR USE. Any building or structure within the city, either in whole or in part, which is found to be dangerous or injurious to the health or safety of the occupants of the structure, the occupants of neighboring structures, or other residents of the city. Additionally, UNFIT FOR HUMAN HABITATION, OCCUPANCY OR USE means any building or structure within the city, either in whole or in part, which is not in compliance with the provisions of this chapter. Additionally, UNFIT FOR HUMAN HABITATION, OCCUPANCY OR USE means any building or structure within the city, either in whole or in part, which permits rain or snow to enter the interior aspect of the structure, or which, by using a reasonable-person standard, any part thereof is subject to falling or collapse.
UNLAWFUL. Contrary to law or, where the context so requires, not permitted by law. It does not mean immoral.
VACANT. Any structure or real estate that is left unoccupied by a possessor and/or owner for a period of 30 days.
VEHICLE. Includes all agencies for the transportation of persons or property over or upon the public highways of the Commonwealth; and all vehicles passing over or upon the highways. VEHICLE includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, or which was built for such intended purpose and includes devices used exclusively upon stationary rails or tracks, but excepting devices ordinarily moved by human and animal power.
VIOLATION. An offense, other than a traffic infraction, for which a sentence to a fine only can be imposed.
WOODED AREA. An area that is predominantly covered by woody vegetation and trees.
(Ord. 2009-005, passed 7-13-09)