Violations of this chapter of the Code of Ordinances shall be enforced through a code enforcement board created pursuant to KRS 65.8801 to KRS 65.8839, as further provided in, utilizing assigned hearing officer(s).
(a) The definitions provided section 2B-2 of the Code of Ordinances shall apply to this chapter unless otherwise stated below:
(1) Ashes shall mean the residue from the burning of wood, coal, coke and other combustible materials in homes, stores, institutions and small industrial establishments for the purpose of heating, cooking and disposing of waste combustible material. Cinders that are produced in large quantities at steam-generating plants are not included within the meaning of the term.
(2) Debris shall mean the remains of anything broken or destroyed; ruins, fragments and shall include, but not be limited to concrete blocks, concrete slabs, wood scraps and other material generated by construction activity.
(3) Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods, paper and other kitchen-type wastes generated from normal household activities. It is composed largely of putrescible organic matter and its natural moisture content. It includes a minimum amount of free liquids. Garbage originates primarily in home kitchens, and also may originate in stores, markets, restaurants, hotels and other places where food is stored, prepared or served.
(4) Trash shall mean a variety of both combustible and noncombustible solid waste from materials from homes, stores and institutions. Trash shall include, but is not limited to, brush, tree limbs, fallen trees, scrap lumber, scrap metal, scrap plastic, plastic bags, car parts, appliances, tires, rags, paper, general yard waste and the like.
(5) Weed shall mean any plant, bush, vine and other vegetation, whether classified as edible or not, that grows in an aggressive or invasive manner and/or is unmaintained, undesirable, or may cause blight on the property.
(b) No owner of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner which may cause diminution in the value of the other property in the neighborhood in which such premises are located, and the owner shall not permit any structure upon his or her premises to become unfit and unsafe for human habitation, occupancy, or use or permit conditions to exist on the structure or premises which are dangerous or injurious to the health or safety of the occupants of the structure, the occupants of neighboring structures, or other residents of the urban county.
(c) Except as provided in subsection (h) of this section, it shall be unlawful for the owner, occupant, or person having control or management of any premises within the urban county to permit a public nuisance, health hazard, or source of filth to develop thereon through the accumulation or presence of:
(1) Junked, wrecked, non-licensed, improperly licensed or inoperative automobiles, vehicles, or machines, or other similar scrap or salvage materials, excluding inoperative farm equipment;
(2) One (1) or more mobile or manufactured homes as defined in KRS 227.550 that are junked, wrecked, or inoperative and which are not inhabited;
(3) Rubbish, garbage, debris, ashes, trash, or waste of any kind, whether liquid or solid;
(4) The excessive growth of weeds, grass and other vegetation as follows:
a. Any weeds such as thistle, jimson, burdock, ragweed, cocklebur, poison ivy, poison oak, pokeweed, poison sumac, and poison hemlock and any other weed, plant or shrub, or other weed of a like kind classified by the United States Department of Agriculture as a noxious weed is prohibited and unlawful. Notwithstanding the above, any property known to be a remnant, non-buildable or undevelopable regardless of zoning that is greater than one (1) acre in size shall only be required to have a minimum eight (8) foot buffer maintained in accordance with this section in all areas adjacent to developed properties or within two hundred (200) feet of a structure. This section shall not apply to property for which a current riparian buffer area permit is in effect or lands designated as environmentally sensitive, conservation areas, tree protection areas, greenways and woodlots.
b. It shall be unlawful for the owner to permit any weeds, or grass, edible or not, to grow to a height exceeding ten (10) inches anywhere on such premises, including those portions thereof abutting any street, road, alley or other thoroughfare, and in the event such premises are crossed by a sidewalk, ditch, pathway, private roadway, fence or other natural or manmade boundary or divider, including those portions thereof between such boundary or divider and the edge of the thoroughfare; any such weeds or grass exceeding such height are hereby declared to be a nuisance. Notwithstanding the above, any property known to be a remnant, non-buildable or undevelopable regardless of zoning that is greater than one (1) acre in size shall only be required to have a minimum eight (8) foot buffer maintained in accordance with this section in all areas adjacent to developed properties or within two hundred (200) feet of a structure. This section shall not apply to property for which a current riparian buffer area permit is in effect or lands designated as environmentally sensitive, conservation areas, tree protection areas, greenways and woodlots. This section shall also not apply to any crops, trees, bushes, shrubs, flowers or other ornamental plants or flowers which are maintained in a clearly definable fashion. This section shall also not apply to native plantings for the purpose of intentional naturalization, which includes plantings used for food or fiber, for aesthetic purposes, to attract or promote pollinators, to offset and control soil loss or erosion, to promote storm water control or water conservation, or to improve the soil. Naturalization does not include vegetation abandonment which is defined as the lack of premises management. Management activities include but are not limited to site preparation, planting, and maintenance. Naturalized gardens shall not contain plant species that are categorized as a level one threat by the Kentucky Exotic Plant Pest Council.
c. It shall be unlawful for the owner or occupant of any premises to permit any tree, brush, hedge or other vegetation to grow in a manner which interferes with normal sidewalk traffic or vehicular traffic within the public right-of-way.
d. All bushes, shrubs, plants, vines and other vegetation, whether classified as edible or not, must be maintained in a way to prevent the possible collection of trash, refuse, rubbish, garbage or debris and must not present a public safety risk and/or fire risk to the property or adjoining properties. Failure to maintain vegetation as indicated may result in its required removal.
e. There is hereby exempted from the scope of the provisions of subsections a. and b. above property within the urban county zoned for agricultural uses, except that such exemption shall not apply when the property has been planned for development and a subdivision plat has been filed of record in the office of the county clerk reflecting the property as residential.
f. Special provisions shall be applied to lots known to be remnants, non-buildable or undevelopable regardless of zoning that are greater than one (1) acre in size that provision a. and b. shall maintain an minimum eight (8) foot buffer along adjacent developed properties or within two hundred (200) feet of a structure in accordance with the provisions above.
(d) No owner of any premises shall allow the use or storage of furniture which is upholstered, or not designed or manufactured for outdoor use and equipment or appliances which are not designed for outdoor use, in an outdoor area such as a porch, carport, deck, patio or yard.
(e) Any compost pile located on a property must be maintained in a clearly definable area and out of ordinary public view. It shall not attract vermin, insects or animals nor shall it create a nuisance, health hazard, safety issue or fire concern.
(f) It shall be unlawful for any person, whether in person or by his agent or employee or servant, to cast, throw, sweep, sift or deposit, in any manner, any ashes, debris, garbage, refuse or waste of any kind, whether liquid or solid, in or upon any public way, public place, river, canal, public water, drain, sewer or receiving basin within the jurisdiction of the county government. Nor shall any person cast, throw, sweep, sift or deposit any of the aforementioned items anywhere within the jurisdiction of the urban county government in such manner that it may be carried or deposited, in whole or in part, by the action of the sun, wind, rain or snow into any of the aforementioned places. This section shall not apply to the deposit of material under a permit authorized by any ordinance of the urban county government; or to goods, wares or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed therefrom within two (2) hours after being so deposited; or to articles for things deposited in or conducted into the urban county government sewer system through lawful drains in accordance with the ordinances of the urban county government.
(g) It shall be unlawful for any person, whether in person or by his agent or employee or servant, to use any vehicle to haul any ashes, debris, garbage, refuse or waste of any kind, whether liquid or solid, unless such vehicle is covered to prevent any part of its contents from spilling or escaping the vehicle at all times while such vehicle is in motion on any street or alley in the urban county. However, the requirements herein for covering such vehicles shall not apply to vehicles carrying brush cuttings, tree trimmings, branches, logs and similar waste material if such matter is securely lashed to such vehicle to prevent spilling or escaping the vehicle.
(h) The provisions of subsection (c)(1), above shall not apply to:
(1) Junked, wrecked, or inoperative automobiles, vehicles, machines, or other similar scrap or salvage materials located on the business premises of a:
a. Licensed automotive recycling dealer as described in KRS 190.010(8);
b. Used motor vehicle dealer as defined in KRS 190.010(6); or
c. Motor vehicle auction dealer as defined in KRS 190.010(11);
(2) Junked, wrecked, or inoperative motor vehicles, including parts cars, stored on private premises by automobile collectors, whether as a hobby or a profession, if these motor vehicles and parts cars are stored out of ordinary public view by means of suitable fencing, trees, shrubbery, or other means;
(3) Any motor vehicle as defined in KRS 281.010 that is owned, controlled, operated, managed, or leased by a motor carrier.
(4) Any vehicle on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the urban county government or any other public agency or entity.
Editor's note(s)—Ord. No. 220-2016 , § 7, adopted December 6, 2016 repealed § 12-2 and enacted a new § 12-2 set out herein. Former § 12-2 pertained to legal proceedings for collection of delinquent demolition liens and board-up liens authorized and derived from Ord. No. 153-92, adopted August, 27, 1992.