For purposes of this subchapter, the following words or phrases shall have the meaning prescribed below.
“ABATE.” To repair, replace, remove, destroy or otherwise remedy a condition that constitutes a violation of this subchapter by such means and in such a manner and to such an extent as the applicable city department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community.
“CONTROL.” The ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property.
“CHRONIC NUISANCE PROPERTY.” Any real property on which any combination of three or more nuisance activities occur or exist during any 90-day period.
“DRUG-RELATED ACTIVITY.” Any unlawful activity at a property that consists of the manufacture, delivery, sale, storage, possession or giving away of any controlled substance as defined under KRS Chapters 217 and 218A, legend drug as defined in KRS chapter 217, or imitation controlled substance as defined in KRS Chapters 217 and 218A.
“NUISANCE ACTIVITY.”
(A) Means and includes:
(1) Any nuisance as defined by state law or local ordinance occurring on, around or near a property, including but not limited to, violations of the following laws and regulations:
(a) Abandoned and junk vehicles;
(b) Fire prevention;
(c) Health and sanitation;
(d) International Property Maintenance Code as adopted by the city in § 150.02;
(e) Noise control;
(f) Animals;
(g) Nuisances;
(h) Building regulations;
(i) Violations of § 92.03.
(2) Any criminal conduct as defined by state law or local ordinance occurring on, around or near a property, including but not limited to, the following activities or behaviors:
(a) Stalking;
(b) Harassment;
(c) Failure to disperse;
(d) Disorderly conduct;
(e) Assault;
(f) Reckless endangerment;
(g) Prostitution;
(h) Patronizing a prostitute;
(i) Public disturbance noises;
(j) Any firearms or dangerous weapons violations;
(k) Drug-related loitering;
(l) Any dangerous animal violations; and
(m) Any drug-related activity.
(3) Exemptions. The following activities shall be exempt from the provisions of this chapter:
(a) Contact made to police or other emergency services, if:
i. The contact was made with the intent to prevent or respond to domestic violence, sexual violence, or any non-criminal emergency situation;
ii. The intervention of emergency assistance was needed to respond to or prevent domestic violence, sexual violence, or a non-criminal emergency situation; or
iii. The contact was made by, on behalf of, or concerns an individual with a disability and the purpose of the contact was related to that individual's disability.
(b) An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit on the premises.
(B) For purposes of this subchapter, “NUISANCE ACTIVITY” shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act.
“PERSON.” A natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them.
“PERSON RESPONSIBLE FOR PROPERTY” or “PERSON RESPONSIBLE.” Unless otherwise defined, any person who has titled ownership of the property or structure subject to this subchapter, an occupant in control of the property or structure subject to this subchapter, a developer, builder, business operator or owner who is developing, building or operating a business on the property or in a structure subject to this subchapter, and/or any person who has control over the property and allows a violation of this subchapter to continue.
“PREMISES AND PROPERTY.” May be used interchangeably, mean any public or private building, lot, parcel, dwelling, rental unit, real estate or land, or portion thereof, including property used as residential property.
“RENTAL UNIT.” Any structure or that part of a structure, including but not limited to, a single-family home, room or apartment rented to another and used as a home, residence or sleeping place by one or more persons
(Ord. 07-11, passed 11-2-11; Am. Ord. 13-2016, passed --)