The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED. Property or any improvements thereon that is unoccupied, not in use, neglected, and/or not serviced by public utilities.
ABATEMENT COSTS. The city'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 city ordinance.
APPLIANCES. Any unit, or part thereof, of household appliances, 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, mowers, garden tractors, building materials, objects of art, and the like.
CLUTTER. An accumulation of certain items including, but not limited to, lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, garbage, refuse, rubbish, junk, lawn or outdoor waste, lawn mowers, or the like that are stored or amassed in a disorderly fashion in the opinion of the code enforcement officer.
CODE ENFORCEMENT BOARD. An administrative body created and acting under the authority of the Local Government Code Enforcement Board Act, KRS 65.8801 to 65.8839.
CODE ENFORCEMENT OFFICER. A city police officer, safety officer, citation officer, Property Maintenance Code Enforcement Officer(s), Community Development Director, or other public law enforcement officer that has specific authority to issue a citation for violations of this chapter or other city or county ordinances.
DEMOLITION. The act of demolishing or razing of a building, structure or part thereof to the ground level.
FINAL ORDER. Any order:
(1) Issued by the Code Enforcement Board following a hearing in accordance with § 160.10;
(2) Created because a violator neither paid nor contested the citation within seven days as provided in § 160.09; or
(3) Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in § 160.10.
IMMINENT DANGER. A condition which is likely to cause serious or life-threatening injury or death at any time.
IN THE OPEN. Is upon land that may be viewed from a public street or an adjoining property.
JUNKED APPLIANCES. 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, is found to be in one or more of the following conditions:
(1) Wrecked;
(2) Dismantled;
(3) Partially dismantled;
(4) Inoperative;
(5) Abandoned; or
(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, is found to be in one or more of the following conditions:
(1) Wrecked;
(2) Dismantled;
(3) Partially dismantled;
(4) Inoperative;
(5) Abandoned; or
(6) Discarded.
MOTOR VEHICLE. Any contrivance, or parts thereof, propelled by power and used for transportation of persons or property on public streets and highways.
ORDINANCE. An official action of the local government body, which is a regulation of a general and permanent nature and enforceable as a local law and shall include any provision of a code of ordinances adopted by the city legislative body which embodies all or part of an ordinance.
OWNER. A person, association, corporation, partnership or other legal entity having a legal or equitable title in real property.
PERSON. Any individual, firm, business, partnership, association, corporation, company or organization of any kind.
PREMISES. A lot, plot or parcel of land or real property, including any structures upon it.
PUBLIC NUISANCE. Shall include, but is not limited to, the following:
(1) The physical condition or occupancy of any property regarded as a public nuisance at common law;
(2) Any physical condition or occupancy of any property or appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, or swimming pools, shafts, basements, excavations and unsafe fences or structures;
(3) Any property that has unsanitary sewerage or plumbing facilities;
(4) Any property that is unsafe for human habitation;
(5) 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;
(6) Any property from which the plumbing, electrical, heating or other facilities required by this code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
(7) Any property that is unsanitary, littered with rubbish or garbage or has uncontrolled weeds growing on it;
(8) Any residence, building, outbuilding or other structure that is in a state of dilapidation, disrepair, deterioration or decay, faulty construction, 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; and
(9) Any residence, building, outbuilding or other structure that has been abandoned for a minimum continuous period of six months, thereby creating an attractive nuisance to children and/or which tends to diminish the value of adjacent properties.
PUBLIC PLACE or PROPERTY. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
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.
VEHICLE. Any vehicle, device or other contrivance, or parts thereof, propelled by human or mechanical power in, upon, or by which any person or property is or may be transported or drawn, including without limitation devices used exclusively upon stationary rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts, sailboats, boat and utility trailers, mobile homes, motorhomes, campers, and off-highway vehicles.
(Ord. 2016-012, passed 10-10-2016)