For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABATEMENT COSTS." The City of Hazard'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 public health, safety, and welfare in accordance with the city ordinance.
“AUTOMOBILE PARTS.” Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
"BLIGHTED OR DETERIORATED PROPERTY. Any vacant structure or vacant or unimproved lot or parcel of ground in a predominantly built-up neighborhood:
(1) Which because of physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with the housing, building, plumbing, fire, nuisance, or related ordinance;
(2) Which because of physical condition, use, or occupancy is considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
(3) Which, because it is dilapidated, unsanitary, unsafe, vermin-infested, or lacking in the facilities and equipment required by the housing or nuisance ordinance has been designated as unfit for human habitation;
(4) Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;
(5) From which the utilities, plumbing, heating, sewerage, or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;
(6) Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
(7) Which has been tax delinquent for a period of at least three years; or
(8) Which has not been brought into compliance with the housing, building, plumbing, electrical, fire, or nuisance ordinance within the time constraints placed upon the owner.
"CITY." City of Hazard, Kentucky.
"CITY COMMISSION” or “COMMISSION." The City Commission of the City of Hazard, Kentucky.
"CHRONIC NUISANCE PROPERTY." Property on which three or more nuisance activities exist or have occurred during any 60-day period or on which ten or more nuisance activities exist or have occurred during any 12-month period.
"CODE ENFORCEMENT BOARD." An administrative body created and acting under the authority of KRS 65.8801 to 65.8839 and assuming all duties and powers assigned to a vacant property review commission pursuant to KRS 99.700 - 99.730.
"CODE ENFORCEMENT OFFICER." As defined in KRS 65.8840.
"CONTROL." The authority to regulate, restrain, dominate, counteract or govern property, or conduct what occurs on a property.
"DOMESTIC VIOLENCE." Physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple as defined in KRS 403.720.
"GOOD CAUSE." Circumstances beyond the ability of a person acting with reasonable care and diligence to control.
"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 the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.
"IMMINENT DANGER." A condition which is likely to cause serious or life-threatening injury or death at any time.
“INOPERATIVE CONDITION.” Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
“MOTOR VEHICLE.” Any style or type of motor driven vehicle used for the conveyance of persons or property.
“MULTIPLE UNIT DWELLINGS." If the chronic nuisance property consists of multiple unit dwellings or mixed uses and the nuisance activities have occurred solely within a unit or units, the authority to issue an order to close and vacate is restricted to the unit or units in which the nuisance activities have occurred and does not extend to any other unit at the chronic nuisance property. This definition does not apply to hotels, motels, or other places of lodging.
“NUISANCE.” Any and all nuisances stated under the definition of nuisance activity, defined by any other applicable, law, regulation or code.
"NUISANCE ACTIVITIES."
(1) Any public nuisance or private nuisance pursuant to Kentucky law, blighted or deteriorated property, any criminal activity or violation of the Hazard Code of Ordinances, including but not limited to, the following activities, behaviors or conduct permitted to occur on property:
(a) Harassment, as defined in KRS 525.070 through 525.080.
(b) Public intoxication or alcohol intoxication, as defined in KRS 525.100 or KRS 222.202.
(c) Rioting, inciting to riot, unlawfully assembling, or disorderly conduct as defined in KRS 525.010 through or KRS 525.060.
(d) Murder, manslaughter, or reckless homicide as defined in KRS 507.020, 507.030, 507.040, or 507.050.
(e) Rape, sodomy, sexual abuse, sexual misconduct, indecent exposure, or unlawful use of an electronic device to induce a minor to engage in sexual activities, as defined in KRS 510.010 through 510.155.
(f) Assault, menacing, wanton endangerment, terroristic threatening, criminal abuse, stalking, or disarming a police officer, as defined in KRS 508.010 through 508.160.
(g) Unsworn falsification to authorities or giving peace officer a false name or address, as defined in KRS 523.100 or 523.110.
(h) Obstruction of public administration, as defined in KRS 519.010 through KRS 519.070.
(i) Resisting arrest, fleeing or evading police, or hindering prosecution or apprehension, as defined in KRS 520.090 through KRS 520.130.
(j) Promoting gambling, conspiracy to promote gambling, possession of gambling records, or any other illegal gambling activities, as defined in KRS Chapter 528.
(k) Prostitution, promoting prostitution, permitting prostitution, or human trafficking, as defined in KRS 529.010 through 529.110.
(l) Endangering the welfare of a minor or unlawful transaction with a minor as defined in KRS 530.060 through 530.080.
(m) Distribution of obscene matter promoting sale of obscenity, or voyeurism, as defined in KRS 531.010 through 531.110.
(n) Sexual exploitation of minors, as defined in KRS 531.300 through 531.370.
(o) Drug possession or trafficking, as defined in KRS 218A.010 through 218A.1444.
(p) Weapons related offenses, as defined in KRS 527.010 through 527.210.
(q) Alcohol related offenses, as defined in KRS Chapters 241, 242, 243 and 244.
(r) Animal control violations, as defined in Hazard Code of Ordinances and KRS.
(s) Fireworks violations, as defined in Hazard Code of Ordinances and KRS.
(t) Curfew violations, as defined in Hazard Code of Ordinances and KRS.
(u) Noise violations, as defined in Hazard Code of Ordinances and KRS.
(v) Sale of alcoholic beverages violations, as defined in Hazard Code of Ordinances and KRS.
(w) Discharging air rifle or discharging firearms violations, as defined in Hazard Code of Ordinances and KRS.
(x) Nude performance violations, as defined in Hazard Code of Ordinances and KRS.
(y) Any attempt to commit and/or conspiracy to commit any of the activities, behaviors or conduct listed in this section.
(2) To qualify, all nuisance activities must be based on either:
(a) Personal observation of a police officer, or code enforcement officer; or
(b) A determination by a police officer, or code enforcement officer, either after an investigation or following a sworn statement of a person who personally witnessed the alleged incident that the alleged nuisance activities did, in fact, occur.
(3) For purposes of this chapter, “Nuisance Activity” shall not include conduct where the person in charge or owner is the victim of a crime and had no control over the criminal act.
(4) For purposes of this chapter, domestic violence calls for service are not considered “Nuisance Activities”.
"ORDINARY PUBLIC VIEW." A sight line within normal visual range by a person on a public street or sidewalk adjacent to real property.
"OWNER." A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
"PARTS CAR." An automobile that is not intended to be operated along streets and roads, but is used to provide parts for the restoration of other automobiles.
"PREMISES." A lot, plot, or parcel of land, including any structures upon it.
"PERMIT." To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
"PERSON." Any natural person, agent, association, firm, partnership, corporation, limited liability company or other entity capable of owning, occupying or using property in the city.
"PERSON ASSOCIATED WITH THE PROPERTY." Any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize, or visit, or waited to enter, patronize, or visit a property, or any person present on a property. “Person Associated with the Property” includes, without limitation, any officer, director, customer, agent, employee, or any independent contractor of a property, the person in charge, or an owner of a property.
"PERSON IN CHARGE." Any person with actual or constructive possession of a property, including but not limited to an owner or occupant of property under his or her ownership or control. When an owner of the property and the occupant of a property under his or her ownership or control are not the same person, the “Person in Charge” shall include both such persons.
"PROPERTY." Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building, or structure or any separate part, unit, or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property may be limited to the unit or the portion of the property on which any nuisance activity has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping.
"RESIDENTIAL LANDLORD." A real property owner of property upon which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semi permanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. “Residential Landlord” does not include the owner of a hotel, motel, or a college or university dormitory.
“SCRAP METAL.” Pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
“UNFIT FOR FURTHER USE.” In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance.
(Ord. 2018-01, passed 8-21-17; Am. Ord. 2020-02, passed 7-24-19)