For the purposes of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning of the word being defined:
“ABANDON.” To give up or relinquish one's interest or right in property.
“ABATEMENT COSTS.” A city's/Unincorporated Kenton County'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/Unincorporated Kenton County ordinance.
“AEROSOL PAINT CONTAINER.” Any aerosol container, regardless of the material from which it is made, that is adopted or made for the purpose of spraying paint capable of defacing property.
“ALL TERRAIN VEHICLE.” Shall have the same meaning provided therefor in KRS 189.010. which is a motor vehicle is used for recreational off-road use.
“ALTER” or “ALTERATION.” Any change or modification in the construction or occupancy of a building or structure.
“ANYBODY.” Any human being, or any organization or combination thereof, in the form of a corporation, partnership, limited liability company, joint venture, unincorporated association or otherwise.
“APPROVED.” Approved by the Chairman of the Kenton County Joint Code Enforcement Board, or any of his or her assistants, staff, employees, or assigns.
“AUTOMOBILE COLLECTOR.” A person who collects and restores motor vehicles.
“BANNER SIGN.” Any commercial sign composed of any pliable plastic or cloth, without a rigid supporting frame.
“BASEMENT.” A portion of a building or structure located partly underground, but having less than one-half (½) of its clear floor-to-ceiling height below the average grade of the adjoining ground.
“BUILDING.” Any structure, constructed on, below, or above ground, for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term building shall be construed as if followed by the words, "or any part thereof."
“BUILDING CODE.” The most recent Kentucky Building Code as adopted by the Commonwealth of Kentucky in 815 KAR 7:120.
“CART.” Any cart, wagon, or similar device, regardless of means of propulsion, made of wire, metal, wood or other material, such as is generally provided by merchants for carting or carrying merchandise or food stuffs from said merchants' store or buildings to automobiles or other places without said merchants' building or store.
“CITY.” The City of Independence, Kenton, Kentucky, including any departments, divisions, boards, or agencies thereof.
“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, created by an interlocal agreement between this city/Unincorporated Kenton County and other cities together with the County Fiscal Court.
“CODE ENFORCEMENT OFFICER.” As defined in KRS 65.8801 et seq. and any employee of Planning and Development Services of Kenton County charged with the enforcement of this Code as a code enforcement/citation officer, exclusive of clerical and administrative staff, as well as police and fire safety officers.
“CONTROL.” To exercise restraint or direction over.
“DELIVER.” Any manner of delivery that conforms to the federal and state constitutional requirements for procedural due process.
“DISORDERLY MANNER.” Any manner that unreasonably causes inconvenience, annoyance or alarm to any member of the public or anybody using any other lot or parcel of real estate within or outside of the city/Unincorporated Kenton County, or wantonly creates a risk thereof.
“DWELLING.” Any building that is wholly or partly used or intended to be used for living, sleeping, cooking, and eating by human occupants, whether or not such building is occupied or vacant, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. The term dwelling shall be construed as if followed by the words, "or any part thereof."
“DWELLING UNIT.” Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, and eating, whether or not such unit is occupied or vacant. The term dwelling unit shall be construed as if followed by the words, "or any part thereof."
“ELECTRICAL CODE.” The Kentucky Building Code, as adopted by the city/Unincorporated Kenton County in § 150.01
of the city/Unincorporated Kenton County Code of Ordinances.
“EVERYBODY.” Every human being and every organization or combination thereof. In the form of a corporation, partnership, limited liability company, joint venture, unincorporated association or otherwise.
“FINAL ORDER.” Any order:
(1) Issued by the Code Enforcement Board following a hearing in accordance with this chapter;
(2) Created because a violator neither paid nor contested the citation within seven (7) days as provided in this chapter; or
(3) Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in this chapter.
“FIRE CODE.” The Kentucky Building Code, as adopted by the city/Unincorporated Kenton County in § 150.01
of the city/Unincorporated Kenton County Code of Ordinances.
“FOWL.” Any hen, rooster, chicken, duck, turkey, pheasant or any of several other, usually gallinaceous birds.
“GARBAGE.” The organic, animal, and vegetable waste resulting from the handling, preparation, cooking, and consumption of food or food products. Other general organic materials such as paper and cardboard are also garbage.
“GRAFFITI.” Any inscription, drawing or design that is scratched, painted, sprayed or placed on any surface of any structure without the consent or authority of the owner thereof, and which is within the view from any public property or right of way.
“HEARING BOARD.” The Kenton County Code Enforcement Board as established by ordinance and empowered to conduct hearings pursuant to KRS 65.8801 to 65.8839.
“IMMINENT DANGER.” A condition which is likely to cause serious or life-threatening injury or death at any time.
“INOPERABLE MOTOR VEHICLE.” A motor vehicle that is: unlicensed as required by KRS 186.020; is in a state of disrepair, caused by wreckage to the vehicle or disassembly; mechanically inoperable; or legally inoperable on public streets and highways.
“LIVESTOCK.” Animals of the bovine, ovine, porcine, caprine, equine, camelide and cervid species, including, without limitation, horses, cattle, sheep, swine and goats.
“LOCAL GOVERNMENT.” The City of Independence, Kenton, Kentucky.
“MARKER PEN.” Any indelible marker or similar implement with a writing tip exceeding four (4) millimeters in width that contains solution that cannot be removed with water after it dries.
“NUISANCE CODE.” This ordinance adopted by the city/Unincorporated Kenton County pursuant to KRS 65.8801 et seq. and incorporated herein by reference the provisions of the International Property Maintenance Code, published by the International Code Council Inc. as amended from time to time and all amendments are hereby incorporated by reference into this Code as if fully set forth herein.
“OCCUPANT.” Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit, rooming unit, building, or portion of a building.
“OPERATOR.” Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
“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/Unincorporated Kenton County legislative body and the Fiscal Court which embodies all or part of an ordinance.
“ORDINARY PUBLIC VIEW.” A sight line within normal visual range by a person on a public street or sidewalk adjacent to real property.
“OVERGROWN GRASS.” Any grass, weeds or vegetation in excess of eight (8) inches in length, except in agricultural zones.
“OWNER.” The holder of the title in fee simple and any person, group of persons, company, association, or corporation in whose name tax bills on the property are submitted. Owner also means a person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property. It shall also mean any person who, alone or jointly or severally with others:
(1) Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) Shall have charge, care, or control of any dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, lessee, or other person, firm, or corporation in control of a building, or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner. It is his or her responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the 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 automobiles.
“PERSON.” Any individual, firm, corporation, limited Liability company, association, or partnership.
“PLUMBING.” The practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm draining facilities, the venting system, and the public or private water supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or sewerage, and water-supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.
“PREMISES.” A lot, plot, or parcel of land including the buildings or structures thereon.
“PUBLIC AREA.” Unoccupied open space that is not privately owned, including but not limited to publicly owned property, sidewalks, streets, and rights-of-way.
“RECREATIONAL VEHICLE.” Has the same meaning provided for them in KRS 227.550(12).
“REQUIRED.” Required by some provision of this code or other law or regulation adopted by the city/Unincorporated Kenton County.
“RUBBISH.” Combustible and non-combustible waste materials, except garbage. The term shall include but not be limited to abandoned, discarded, or unused objects placed outside of a structure, such as furniture, stoves, refrigerators, freezers, washers, dryers, clothes, food, cans, containers, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, synthetic materials, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery and dust. The term shall also include the residue from the burning of wood, coal, coke, synthetic material, or other combustible material.
“STAGNANT WATER.” A body of water without wind, waves, fish, or frogs, including but not limited to stagnant water in natural ponds, ornamental ponds, old tires, poorly maintained pools, rain barrels, clogged gutters, and other places where standing water may collect.
“STAIRWAY.” One (1) or more flight of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one (1) story to another in a building or structure.
“STRUCTURE.” An edifice, cellar, building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words, "or any part thereof."
“YARD.” An open unoccupied space on the same lot with building extending along the entire length of a street, or rear or interior lot line. This term also applies to an adjoining unoccupied parcel or lot that is used by a principal occupied lot as a yard.
(Ord. 2016-O-12, passed 11-14-16)