(A) It shall be unlawful for an owner of any property zoned as a principal, accessory, or conditional use as “residential” under the zoning regulations of 5 acres (+ or -) or less in an unincorporated area of Jessamine County or City of Keene, to permit weeds or grass to become unsightly or otherwise become a detriment to the health and welfare of the citizens of this county. Weeds or grass shall be deemed “unsightly” and in violation of this section if the height of such vegetation is 10 inches or higher.
(B) The Codes Enforcement Officer shall be responsible for inspections relating to this section and is hereby empowered to cite owners into Jessamine County District Court for violations of this section.
(C) (1) Upon the inspection by the Codes Enforcement Officer of land upon which a violation of this section exists, the Judge/Executive or his or her designee, shall issue a notice to the property owner. Said notice shall be in writing and may be hand delivered, posted at the property or sent via certified mail and shall require that such unsightly vegetation be removed or mowed below 10 inches in height within 5 days of the date of the violation notice.
(2) The property owner may request an additional 3 days to comply by contacting the Codes Enforcement Officer within the 5 day notice period.
(3) If no extension of time to comply with this section has been granted, or if such 3 day extension is granted and the property owner thereafter remains in violation of this section, the Codes Enforcement Officer may issue a citation to the owner and the county is hereby empowered to enter upon such private property to remedy the violation. The county shall then cause a bill to be issued to the property owner for the county’s expenses incurred in remedying the violation. The property owner shall have 10 days to pay the bill to the county. If the bill is not paid within 10 days, the county shall have a lien against the property and may file a Statement of Lien upon the real estate with the County Clerk, and may thereafter enforce its lien by civil action brought in Jessamine Circuit Court.
(D) Penalty. Any person or entity convicted of violating the provisions of division (A) of this section shall be fined not less than $50 nor more than $300, and each day after a citation has been issued that such violation continues to exist shall constitute a separate offense.
(E) There shall be excluded from the requirements of this section any portion of property otherwise covered by this section, which constitutes:
(1) Any wetlands or wildlife preserve, or otherwise exempt property as defined by federal, state or local law;
(2) Any property which is zoned as A-2 (Conservation) by the zoning regulations;
(3) Any property subject to an approved Erosion Control Plan, which specifically designates area of the property needed to maintain natural ground cover or other vegetation, to control or prevent soil erosion;
(4) Any property, which title thereto, is held in the name of Jessamine County or Jessamine Fiscal Court;
(5) Any “residual” land designated for agricultural usage pursuant to the cluster development provisions of the zoning regulations;
(6) Any remaining portion of property zoned A-1, which has as its principal use single-family residential buildings, that is also used for other permitted agricultural activities in that zone; and/or
(7) Any property subject to the provisions of KRS 413.072
(Ord. passed 9-5-2006; Am. Ord. passed 10-30-2017)