Section
91.01 Definitions
91.02 Prohibited acts and/or omissions
91.03 Establishment of Hearing Board
91.04 Initiating nuisance complaint; enforcement; notice; service and contents
91.05 Abatement; lien
91.06 Appeal to Hearing Board; procedure; District Court
91.07 Delegation of enforcement responsibility
91.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT COSTS. A local government’s costs for and associated with cleaning, 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 to maintain and preserve public health, safety and welfare in accordance with the portion of a local government’s nuisance code pertaining to the condition of and maintenance of structure or premises, adopted pursuant to state statutes. These costs shall include local government’s cost in hiring any individual or business entity to take any nuisance abatement action on its behalf.
HEARING BOARD. A body established by ordinance and empowered to conduct hearings pursuant to KRS 82.710 and composed of one or more persons appointed by the county Judge/Executive of the local government. HEARING BOARD also means any Hearing Officers appointed by the Board. Any action of a Hearing Officer shall be deemed to be the action of the BOARD.
LOCAL GOVERNMENT. A consolidated local government, county, urban-county government, charter county government, unified local government or a city of any class.
NUISANCE. An act prohibited by this chapter, including public nuisances and public nuisances affecting health, which terms are defined as follows:
(1) PUBLIC NUISANCE. Any act, thing, occupation, condition or use of property which shall continue for a length of time so as to:
(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(b) In any way render the public insecure in life or in the use of property;
(c) Greatly offend the public morals or decency; or
(d) Unlawfully and substantially interfere with, obstruct or tend to obstruct, or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
(2) PUBLIC NUISANCE AFFECTING HEALTH. Includes, but is not limited to, the following acts, omissions, conditions or things:
(a) Accumulations of junked or inoperable automobiles, numbering more than three, accumulations of trash, rubbish, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed;
(b) The escape of smoke, soot, cinders, debris, obnoxious acids, fumes or gases within the county in such quantities so as to substantially annoy, injure or endanger the comfort, health, repose or safety of the public or to threaten or cause substantial injury to property; and
(c) Any use of property, substances or things within the county emitting or causing any foul, offensive, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical sense of ordinary person which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons with the county.
OWNER. A person, association, corporation, partnership or other legal entity having a legal or equitable title in real property.
PREMISES. A lot, plot or parcel of land, including any structures upon it.
(Ord. passed 8-23-2011)
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