Skip to code content (skip section selection)
Compare to:
Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Code of Ordinances
CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
SUPPLEMENT HISTORY TABLE
LEXINGTON-FAYETTE - URBAN COUNTY GOVERNMENT CHARTER
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION1
Chapter 2A - AIRPORTS AND AIRCRAFT1
Chapter 2B - CODE ENFORCEMENT ADMINISTRATIVE HEARING BOARDS
Chapter 3 - ALCOHOLIC BEVERAGES1
Chapter 4 - ANIMALS AND FOWL1
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS1
Chapter 5A - CIVIL DEFENSE: CIVIL EMERGENCIES
Chapter 6 - EMPLOYEES AND PENSIONS1
Chapter 7 - FINANCE AND TAXATION1
Chapter 8 - MINING AND/OR QUARRYING1
Chapter 9 - FIRE PREVENTION1
Chapter 9A - FIREWORKS
Chapter 10 - FOOD AND DRUGS1
Chapter 11 - HEALTH AND SANITATION1
Chapter 12 - HOUSING1
Chapter 13 - LICENSES AND REGULATIONS1
Chapter 13A - MINIMUM WAGE
Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS1
Chapter 15 - PEDDLERS AND SOLICITORS1
Chapter 16 - SEWAGE, GARBAGE, REFUSE AND WEEDS1
Chapter 16A - HAZARDOUS MATERIALS1
Chapter 17 - STREETS AND SIDEWALKS1
Chapter 17A - SUBDIVISIONS1
Chapter 17B - STREET TREES1
Chapter 17C - PUBLIC RIGHTS-OF-WAY
Chapter 17D - DOCKLESS VEHICLES
Chapter 18 - TRAFFIC1
Chapter 18B - SNOW EMERGENCIES1
Chapter 18C - EMERGENCY AMBULANCE, TRANSPORTATION AMBULANCE LICENSING, REGULATIONS1
Chapter 19 - WEIGHTS AND MEASURES
Chapter 20 - ZONING1
Chapter 21 - COMPREHENSIVE PLAN FOR CLASSIFIED CIVIL SERVICE SYSTEM1
Chapter 22 - UNCLASSIFIED CIVIL SERVICE1
Chapter 23 - DIVISIONS OF FIRE AND EMERGENCY SERVICES AND POLICE1
Chapter 24 - DETENTION CENTER1
Chapter 25 - ETHICS ACT
Chapter 26 - RURAL LAND MANAGEMENT
APPENDIX A RULES AND PROCEDURES OF THE LEXINGTON-FAYETTE URBAN COUNTY COUNCIL1
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
Lexington-Fayette Urban County Government Zoning Code
Sec. 12-1. - Property maintenance code.
(a)   Adopted; filed. The International Code Council, Inc., International Property Maintenance Code, 2021 Edition (hereinafter referred to as "this code"), with the revisions and deletions shown in paragraph (b) and herein, is hereby approved and adopted as the existing structures code of the urban county government. A copy of said code is incorporated herein by reference and filed with the urban county council clerk as a part of the public records of this government. This code is adopted pursuant to KRS 65.8801 to KRS 65.8839 and unless otherwise provided shall be interpreted in accordance with the provisions of chapter 2B of the Code of Ordinances.
(b)   Certain sections not incorporated. The following sections of the International Property Maintenance Code, 2021 Edition, shall not be incorporated in the Property Maintenance Code of Lexington-Fayette Urban County: 107.1, 107.2, 107.3, 107.4, 113.4, 302.4, 304.17, 308.2, 308.2.1, 308.2.2, 308.3, 308.3.1, 308.3.2, and 309.5.
(c)   Revisions. Certain sections of this code are hereby revised to read as follows:
PM-101.1
Title: These regulations shall be known as the Property Maintenance Code of Lexington-Fayette Urban County, hereinafter referred to as "this code."
PM-102.3
Application of other codes: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Kentucky Residential Code, Kentucky Building Code, International Energy Conservation Code (with Kentucky Amendments), Kentucky Fire Standards of Safety, Fire Prevention Code-NFPA 101; National Fuel Gas Code-NFPA 54, International Mechanical Code, Kentucky Plumbing Code and the National Electrical Code-NFPA 70.
PM-103.1
General: The director of the division of code enforcement shall be the code official and shall enforce or delegate the enforcement of all the provisions of this code.
PM-103.2
Appointment: The code official shall be employed in conformance with KRS 67A.230 through 67A.350 and Chapter 21 of the Code of Ordinances.
PM-105.5
Notice and orders: The code official or his designee may issue all necessary notices and orders to abate illegal or unsafe conditions to ensure compliance with the requirements of this code for the safety, health, and general welfare of the public.
PM-105.6
Official records: An official record shall be kept of all business and activities of the department specified in the provisions of this code, and such records shall be open subject to KRS 61.870 et seq.
PM-105.8
Restriction of employees: All officials or employees, including the members of the board of appeals established under the provisions of section PM 108.1, are subject to article 16 of the Urban County Charter—Code of Ethics and chapter 25 of the Lexington-Fayette Urban County Government Code of Ordinances—Ethics Act.
PM-108.1
Appeals board: The administrative hearing board established in section 12-6 of the Code of Ordinances shall be responsible for enforcing the provisions of this code in accordance with the procedures of chapter 2B of the Code of Ordinances through the use of assigned hearing officer(s).
PM-109.4.1
Violation penalties:
(a)   Every person, firm, or corporation failing to perform the duties required of them by or to comply with the provisions of section 12-1 shall for every offense be fined not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00), and each day's continuance of any such violation shall be a separate offense.
(b)   As an alternative remedy to subsection (a), any person, firm or corporation who violates any provision of this code may be subject to civil fines of not less than one hundred dollars ($100.00) nor more than ten thousand dollars ($10,000.00) per parcel of real property for each separate instance in which civil fines are imposed. Such fines may be assessed on each separate structure or dwelling unit located on a parcel of real property, pursuant to the civil fine guidelines as set forth below. In addition, the urban county government may assess the administrative cost involved with any inspection(s), in an amount not to exceed two hundred fifty dollars ($250.00). Each day that a violation continues after due notice has been served, as provided herein, shall be deemed a separate offense. All such civil fines shall be issued through citations in conformity with section 2B-6 of the Code.
Number of citations
Number of violations at time of citation
1
2
3
4
5+
Number of violations at time of citation
1
2
3
4
5+
1—5
$100.00
$200.00
$300.00
$400.00
$500.00
6—10
$200.00
$300.00
$400.00
$500.00
$750.00
11—15
$300.00
$400.00
$500.00
$750.00
$1,000.00
16—20
$400.00
$500.00
$750.00
$1,000.00
$1,500.00
21—30
$500.00
$750.00
$1,000.00
$1,500.00
$2,000.00
31—40
$600.00
$850.00
$1,250.00
$1,750.00
$2,250.00
41+
$700.00
$1,000.00
$1,500.00
$2,000.00
$2,500.00
 
PM-110.4
Failure to comply with an order: Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250.00 dollars or more than $500.00 dollars per each day of continued violation of the stop work order.
PM-111.1
General: When a structure or equipment is found by the code official to be unsafe, or when the structure is found unfit for human occupancy, or is found unlawful, such structure may be condemned pursuant to the provisions of this code.
PM-111.2
Closing of vacant structures: If the structure is vacant or unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to place a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement with private persons and the cost thereof, including an administrative cost not to exceed $250.00 shall be charged against the real estate upon which the structure is located and if not paid within the time allocated, shall become a lien upon such real estate.
PM-111.2.1
Authority to disconnect service utilities: The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval or when the structure has been placed under a condemnation or demolition order. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
PM-111.4
Notice to owner or to person or persons responsible: Whenever a code enforcement officer determines that there has been a violation of this section, the official may issue a preliminary notice of violation, which carries no penalty and is non-appealable. Should the owner of the premises fail to correct the violation, a code official shall issue a citation containing the information and in the manner required by Section 2B-6 of the Code of Ordinances. If the owner of the property cannot be ascertained from the tax rolls in the exercise of reasonable diligence, the serving of such notice or citation upon such owners may be made by posting a copy of the notice and/or citation in a conspicuous place on the property. If the property owner employs or utilizes a management company or other agent for the maintenance of the property, the owner may designate in writing, on a form provided by and filed with the division of code enforcement, the name and address of the company or agent to which said notices shall also be provided; however, it shall remain the responsibility of the property owner to comply with the provisions of this code. The property owner shall be responsible for updating any such information filed with the division of code enforcement as necessary. Notices for condemnation procedures shall also comply with this section.
PM-111.6
Transfer of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
PM-111.8
Prohibited occupancy: Any occupied structure condemned by the code official shall be vacated as ordered by the code official. Any person who shall occupy a condemned premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall allow any person or animal occupy a condemned premises or operate placarded equipment shall be liable for the penalties provided by this code.
Exception: This section shall not apply to the owner or the owner's agent when they are actively working to address the status of the property and/or violations of this code, but only when such work is being conducted between the hours of 7:00 a.m. EDT and 10:00 p.m. EDT or authorized otherwise by the code official.
PM-111.8.1
Occupying a Condemned Structure: Any property owner who wantonly or intentionally permits any person(s) or animal(s) to inhabit a structure which has been condemned may be issued a civil penalty in the amount of $250.00 per day. Each day of inhabitation will be considered a separate violation and will only apply after the initial time allotted to vacate the structure has expired.
PM-111.8.2
Violation of PM-111.8.1: Any person, who knowingly enters or remains in a condemned structure, not including the exception outlined in PM-108.5, shall be considered in violation of Kentucky Revised Statue 511.080 regardless of their intent or relationship to the premises.
PM-112.5
Costs of emergency work: Costs incurred in the performance of emergency work shall be paid using Lexington-Fayette Urban County Government funds and legal action may be instituted against the owner of the premises for the recovery of all costs expended, which may also include administrative costs in an amount not to exceed two hundred fifty dollars ($250.00). This may be initiated through the recording of a lien on the owner's property.
PM-113.1
General: The code official shall order the owner of any premises upon which is located any structure or part thereof, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and to raze and remove such structure or part thereof; or if such structure can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than one (1) year, to raze and remove such structure or part thereof.
PM-113.3
Failure to comply: Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the code official shall cause the structure or part thereof to be razed and removed, or otherwise disposed of, as deemed appropriate, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal, including an administrative cost not to exceed two hundred fifty dollars ($250.00), shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
PM-201.3
Terms defined in other codes: Where terms are not defined in this code and are defined in the Kentucky Revised Statutes, Lexington-Fayette Zoning Ordinance, Kentucky Residential Code, Kentucky Building Code, International Energy Conservation Code (with Kentucky Amendments), International Fire Code (only when specifically referenced), Kentucky Standards of Safety, Fire Prevention Code-NFPA 1; National Fuel Gas Code-NFPA 54, International Mechanical Code, Kentucky Plumbing Code and the National Electrical Code-NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
PM-202.0
The following definition shall be added to this section:GRAFFITI: Any inscription, word, figure, or design marked, etched, scratched, drawn or painted on any surface that damages, mutilates or defaces such surface.
PM-301.4
Manufactured homes: All manufactured homes, mobile homes or house trailers that are occupied or are let for occupancy within the urban county shall meet the standards enumerated in this code and shall be installed and anchored in accordance with the provisions of American National Standards Institute (ANSI) A225.1 as provided in 815 KAR 25.020 through 25.100. Transient recreational vehicles parked in a campground, state or Local Park are exempted from this requirement.
PM-302.2.1
Discharging of Storm Water: Installing a storm drain, downspout or sump discharge to effectively or intentionally direct water onto a neighboring property or across a public way shall be declared a nuisance. The downspout or sump discharge point shall be so located that it discharges a minimum of ten (10) feet from all neighboring properties and public ways. Whenever the minimum distance cannot be met the discharge point shall be so located as to direct discharge of storm water away from downslope structures to the maximum practical extent.
PM-302.8
Motor Vehicles: The keeping, parking or storing of vehicles on any premises shall conform with and be subject to section 12-2 of the Code of Ordinances.
PM-304.3.1
Unit Identification: Every dwelling unit(s) shall have the unit number placed in a position to be plainly legible and visible from the entrance to the unit.
PM-304.14
Insect screens: During the period from April 1 to December 1, every door, window and other outside opening used or required for ventilation purposes serving any building containing habitable rooms, food preparation areas, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per inch and every swinging door shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
PM-304.15
Doors: All exterior doors, door assemblies, operator systems, and hardware shall be maintained in good condition. Doors and frames installed in exterior openings shall be designed for and intended to be used for that purpose. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.
PM-309.3
Single occupant: The occupant of a detached single family dwelling or a single tenant non-residential structure shall be responsible for pest elimination on the premises.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
PM-309.4
Multiple occupancy: The owner of a structure containing any Group R occupancy shall be responsible for pest elimination of the structure and exterior property.
PM-402.2
Common halls and stairways: Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2 ) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a not less than a light of sufficient brightness to illuminate the floors, landings and threads to provide safe passage or use.
PM-503.4
Floor surface: Every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
PM-602.2
Residential buildings: Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 65 degrees F. (18 degrees C.) in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the mechanical code listed in Chapter 8.
PM-602.3
Heat supply: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a minimum temperature of 65°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1.   When the outdoor temperature is below 10°F (-12°C), maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.
2.   When the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
PM-602.4
Occupiable Work Spaces: Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to May 1 to maintain a temperature of not less than 65 degrees F. (18 degrees C.) during all working hours.
Exceptions:
1.   Processing, storage and operation areas that require cooling or special temperature conditions.
2.   Areas in which persons are primarily engaged in vigorous physical activities.
PM-602.6
Climate control: When facilities for interior climate control (heating, cooling, and/or humidity) are integral functions of structures used as dwelling units or other occupancies, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity.
PM-605.2
Receptacles: Every habitable space in a dwelling unit and every guest room shall contain at least two (2) separate and remote receptacle outlets. Every bathroom shall contain at least one (1) receptacle outlet, and all receptacle outlets in the bathrooms shall be a ground-fault circuit interrupter (GFCI). Every laundry room and kitchen shall contain at least one (1) grounded receptacle outlet or a tamper resistant ground-fault circuit interrupter (GFCI). Any receptacle outlet located within six (6) feet of an uncovered water receptacle, such as a sink, wherever located, shall be a ground-fault circuit interrupter (GFCI). Any accessible outlet located on the exterior of a structure shall be a ground-fault circuit interrupter (GFCI).
PM-704.6
Single- and multiple-station smoke alarms: Single- and multiple-station smoke alarms shall be installed in existing one-and-two family dwellings and Group 1-1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3.
PM-704.6.1.5
Single- or multiple-station smoke alarms: Single- station smoke alarms shall be installed and maintained in all one-and-two-family dwellings and dwelling units regardless of occupant load at all of the following locations:
1.   On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2.   In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
3.   In each room used for sleeping purposes where required at the time of construction.
PM-801.1
Violations library: The division of code enforcement shall prepare and maintain a comprehensive list for existing structure violations to be known as the violations library. A copy of the violations library is incorporated herein by reference and shall be filed with the urban county council clerk as a part of the public records of this government.
(Ord. No. 78-79, § 2, 4-5-79; Ord. No. 172-82, § 1, 9-23-82; Ord. No. 115-87, § 1, 6-11-87; Ord. No. 155-87, § 1, 7-9-87; Ord. No. 33-91, § 2, 2-21-91; Ord. No. 182-91, § 1, 8-29-91; Ord. No. 79-93, § 1, 5-6-93; Ord. No. 66-94, § 1, 5-5-94; Ord. No. 56-95, § 1, 3-23-95; Ord. No. 64-95, § 2, 4-6-95; Ord. No. 4-96, § 1, 1-11-96; Ord. No. 26-96, § 1, 2-22-96; Ord. No. 27-96, § 2, 2-22-96; Ord. No. 127-97, § 1, 6-26-97; Ord. No. 62-98, § 1, 3-19-98; Ord. No. 339-99, § 1, 12-7-99; Ord. No. 13-2010, §§ 1—3, 1-28-10; Ord. No. 131-2010, §§ 1, 2, 7-6-10; Ord. No. 220-2016 , §§ 1—6, 12-6-16; Ord. No. 165-2017 , § 1, 11-16-17; Ord. No. 100-2018 , § 1, 12-6-18; Ord. No. 101-2022 , § 1, 9-22-22)
Editor's note(s)—Section 1 of Ord. No. 78-79, adopted April 5, 1979, repealed §§ 12-1—12-8, relating to the adoption, scope, administration and standards of the housing code; and § 2 reenacted § 12-1, reading as set out. Formerly §§ 12-1—12-8 were derived from the following:
 
Ord. No.
Date
Section
190-67
8- 3-67
2
20-71
2- 4-71
1
184-76
9- 9-76
1
158-78
7-11-78
1
23-79
1-25-79
1—3
 
Section 12-1 formerly adopted the BOCA property maintenance code. Reference to the property maintenance code in the remainder of this chapter has been changed to refer to the existing structures code adopted in this section.
The official title of the code adopted in this section by Ord. No. 182-91 is "The BOCA National Property Maintenance Code/1990." This replaces the existing buildings code. Reference in the remainder of this chapter will be to the property maintenance code.
Editor's note(s)—Ord. No. 107-2008, § 1, adopted May 22, 2008, repealed §§ 12-1.1—12-1.3, which pertained to BOCA review commission—created; definition, same—membership; terms; qualifications and same—powers, duties. See the Code Comparative Table for complete derivation.