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)
It shall be unlawful for the owner of premises within the county, to permit or cause a nuisance to develop or exist thereon.
(Ord. passed 8-23-2011) Penalty, see § 91.99
(A) The County Nuisance Abatement Hearing Board is hereby established and is hereby authorized to conduct hearings. The Board shall be composed of five members appointed by the County Judge/Executive subject to the approval of the Fiscal Court.
(B) Board members shall serve as Hearing Officers pursuant to this chapter. Any action of a Hearing Officer shall be deemed to be the action of the Board.
(C) The jurisdiction of Hearing Officers to conduct hearings, issue orders and impose penalties shall be only that specifically granted by ordinance or statute.
(D) The initial appointment shall be for one-, two-, three-, four- and five-year terms. After expiration of each term, all re-appointments shall be for three-year terms. The maximum consecutive terms of any appointee shall not exceed six years; however, the person appointed for the initial one-year term shall be eligible to serve seven consecutive years and the person appointed for the initial two-year term shall be eligible to serve eight consecutive years. The County Judge/Executive may also appoint alternate members who may serve in the absence of a regular Hearing Board member. The terms and appointments of the alternate members shall be the same as the regular members.
(E) Each member of the Hearing Board shall be compensated for his or her services as authorized by the Fiscal Court.
(Ord. passed 8-23-2011)
(A) Generally. Enforcement of this chapter shall be administered by the County Nuisance Hearing Board and Hearing Officer, and any citizen aggrieved, including, but not limited to, any citizen owning property adjacent to the property on which the alleged nuisance exists, may apply to the Board through the office of the County Judge/Executive to obtain an investigation by the Hearing Officer to determine whether a nuisance exists on the offending premises. The County Judge/Executive shall, within ten days of receiving a complaint, forward a copy of the complaint to the Hearing Officer and the magistrate in whose district the property complained of is located.
(B) Investigating the complaint. Upon investigating the complaint, the Hearing Officer shall determine whether a nuisance exists on the offending premises. If the Hearing Officer determines that a nuisance exists on the offending premises, the Hearing Officer shall proceed to provide notice of the violation to the owner of the offending premises. The determination of the Hearing Officer that a nuisance exists shall be final unless the owner of the premises requests a hearing before the Hearing Board within 30 days of notice being received by the owner of the premises.
(C) Provision of notice.
(1) Notice shall be provided to the owner of premises on which the nuisance exists by personal service or by sending the notice via certified mail to the last known of address of such owner, and by posting the notice conspicuously upon the offending premises.
(2) The notice shall include the following:
(a) The notice shall described the nuisance and demand that the nuisance shall be abated within 30 days of the notice, unless such nuisance constitutes an immediate danger to the health and well-being of the community, or adjoining property owners, in which case the notice shall demand abatement within 24 hours of the notice;
(b) A statement to the effect that a determination has been made that a violation has been committed and that if the nuisance is not abated within the prescribed time, the local government or any individual or entity acting on its behalf may proceed to abate the nuisance;
(c) A statement to the effect that the Hearing Officer’s determination shall be final if no appeal to the Hearing Board is filed by the owner within 30 days of notice being provided by the Hearing Officer;
(d) A statement to the effect that the abatement costs constitute a lien against the property in favor of the County Fiscal Court; and
(e) A statement to the effect that after the County Fiscal Court has abated the nuisance, the County Judge/Executive will send an invoice for the abatement costs, and if such invoice is not paid within 30 days following the mailing of the invoice, that notice of a lien for the cost of the abatement will be placed against the property.
(D) Commencement of notice period. The notice periods provided for in this division (D) shall be determined to commence as follows:
(1) Where notice is personally served, on the day following service;
(2) Where notice is by mail, on the third day following mailing; and
(3) Where notice is by posting, on the third day following posting.
(Ord. passed 8-23-2011)
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