Section
92.01 Definitions
92.02 Environmental nuisances prohibited
92.03 Litter, garbage and trash
92.04 Abatement procedure
92.05 Criminal complaint for violation
92.06 Lien resulting from abatement by city
92.07 Liability for costs and damages
92.99 Penalty
Statutory reference:
Private nuisances, see KRS 411.500 - 411.570
Editor's note:
For similar provisions, see Jefferson County Code of Ordinances, Chapter 96
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Further, all standards of the Kentucky Building Code will apply and are hereby incorporated into the provisions of this chapter. This section shall not apply to the deposit of materials under authorization by any Kentucky statute, administrative regulation, ordinance, conditional use permit or other appropriate governmental approval.
APPLIANCE. This term includes, but is not limited to, items such as stoves, refrigerators, freezers, washing machines, dryers, dishwashers and water heaters.
ENVIRONMENTAL NUISANCE. Any use of property which causes an annoyance, hazard, or injury, which may be detrimental to the property of others. The term includes, but is not limited to the following:
(1) Permitting the presence, existence or accumulation of waste, rubbish, trash, or nonoperable appliances and nonoperable vehicles;
(2) Any plant growth exceeding six inches in height, other than crops, trees, shrubs, flowers, or other ornamental plants. It is not the intent of this provision to cause a change in the character of any geographical area but only to remedy nuisances created by excessive growth of grass and weeds in developed neighborhoods;
(3) Any shrub, tree, or other natural plant growth or any structure or fixture which by reason of its size and location in relation to a driveway or public thoroughfare limits the visibility of operators of motor vehicles;
(4) The disposal or accumulation of any foul, decaying, or putrescent substances or other offensive materials in or on any lot, tract of land, street, highway, or any sidewalk or alley abutting any of these.
NONOPERABLE VEHICLES. Any agency for the transportation of persons or property over or upon the public highways which is propelled otherwise than by human or animal muscular power, and which is nonoperable or appears to be nonoperable.
OWNER. Any person who, alone or jointly or severally with others:
(1) Shall have legal title to any parcel of real estate, with or without accompanying actual possession thereof; or
(2) Shall have charge, care or control of any parcel of real estate as owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner or as lessee. Any such person thus representing the actual owner shall be bound to comply with provisions of these rules and regulations imposed upon the owner.
RUBBISH. Any combustible and noncombustible waste materials, except garbage, including but not restricted to paper, rags, boxes, cartons, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and the residue from the burning of combustible materials;
WASTE. Ashes, discarded wood, abandoned, discarded, or unused objects or equipment such as furniture, appliances, junk cars, rubber tires, cans, or containers, garbage or refuse of any kind, whether liquid or solid or any accumulation of any foul, decaying, or putrescent substances.
WEEDS. Any uncultivated plant growth such as, but not limited to, grass, jimson, burdock, rag weed, thistle, johnson grass, sweet annie, beggar weed, horse weed, cocklebur, or any other similar growth exceeding 12 inches in height.
(Ord. 1-1993, passed 3-11-93; Am. Ord. 2-2003, passed 8-21-03)
It shall be unlawful for any owner, his agent or occupant, of real property, public or private in the city, to cause, allow or permit an environmental nuisance to exist on any property owned, occupied or under the control of said person.
(Ord. 1-1993, passed 3-11-93) Penalty, see § 92.99
It shall be unlawful for any person, firm or corporation, in person or by an authorized agent, to drop, deposit, permit or acquiesce in the dropping, depositing, scattering in any manner in or on any public or private property or place within the city any trash, litter, garbage, rubbish, debris, offal, refuse or waste of any kind, other noxious materials, whether solid or liquid, or non-operable vehicles, nor shall an owner, his agent or occupant perform any act with any of the aforementioned materials anywhere within the city on private or public property in such a manner that the materials may be carried or deposited in whole or in part by the action of the sun, wind, rain, snow, or any of nature's elements so as to be scattered, deposited or conveyed to any of the aforementioned places.
(Ord. 1-1993, passed 3-11-93) Penalty, see § 92.99
(A) It shall also be unlawful for any owner, his agent or occupant, in person or by his authorized agent, to fail to remedy the existence of any environmental nuisance in violation of the provisions of § 92.02.
(B) Notice in writing may be served upon an owner, his agent or occupant, by hand delivery, first-class mail or by posting of same on the property. The required notice shall be mailed to the last known address of the owner of record of said property and to the address of the property. Such notice shall describe the environmental nuisance so maintained and shall demand abatement of the nuisance within ten calendar days from the date of notice, unless the nuisance constitutes an immediate danger to the health, safety, and well-being of the community, in which case notice shall demand immediate abatement.
(Ord. 1-1993, passed 3-11-93) Penalty, see § 92.99
Any person, firm, corporation, owner, his agent or occupant, who has been sent notice of violation or failed to abate the condition may be charged with a violation of this chapter in a criminal complaint returnable to Jefferson District Court.
(Ord. 1-1993, passed 3-11-93) Penalty, see § 92.99
Loading...