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(A) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies, or controls in a clean and sanitary condition.
(B) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Water retention areas and/or reservoirs approved by the Metropolitan Sewer District are exempted.
(C) Sidewalks, driveways and yards. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. On residentially used lots the use of crushed stone as a hard-durable surface is permitted on lots of less that five acres the standards as promulgated by regulation by the Code Official for installation and maintenance are continually satisfied in the required front and side yards and right-of-ways.
(D) Weeds. All premises shall be maintained free from weeds or plant growth in excess of ten inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens. Any plant growth exceeding ten inches in height on land of more than three acres that abuts another parcel which contains a dwelling or commercial building thereon other than crops, trees, bushes, flowers or other ornamental plants, shall be at least 50 feet from the property line or 200 feet from an occupied structure, whichever is less.
(E) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. Information to alleviate and prevent the infestation of insects, mosquitoes, flies, rats and other vermin may be obtained from the Louisville Metro Public Health and Wellness Department.
(F) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(G) Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(1) Gates. Gates which are required to be self-closing and self-latching in accordance with the International Building Code shall be maintained such that the gate will positively close and latch when released from a still position of six inches (152 mm) from the gatepost.
(2) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(3) Fences. All fences contained on any premises shall satisfy the height and location requirements as set forth in the Land Development Code.
(H) Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited on residentially zoned or used property. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. All motor vehicles on any premises, other than agricultural land must be parked on a hard and durable surface, such as asphalt, brick or concrete or any surface permitted pursuant to § 156.052(C). In addition, motor vehicles may only be parked on those portions of the premises, which the Land Development Code allows as permissible parking areas. For purposes of this section, motor vehicles and agricultural land are as defined in the Land Development Code.
(1) Additional remedy. In addition to the penalties provided in § 156.999, the Code Official may issue written notice and order to the registered owner of the motor vehicle parked or stored in violation of this section or to the owner or person in possession of private property upon which the motor vehicle is illegally parked or stored, requiring that the motor vehicle be removed from the county, stored inside a fully-enclosed structure or similarly-enclosed area designed and approved for such purposes, or that the violation be otherwise removed and abated within seven days. This notice may be served on the appropriate party either personally, by first-class certified or registered mail or by affixing said notice to the motor vehicle parked or stored in violation of this section.
(2) Removal by Metro Government. In the event that any person fails to comply with an order issued pursuant to this section, the Code Official may have the vehicle parked or stored in violation of this section, removed and disposed of and may impose on the person violating the order a reasonable charge to cover the direct and indirect costs, if any, for the removal and disposition of the motor vehicle or major parts thereof.
(3) Removal by agreement. The Code Official may, on the proper execution of a waiver and authorization agreement in a form approved by the Jefferson County Attorney and subject to the available resources therefore, remove and dispose of any motor vehicle left on any public or private property within the Metro Government under circumstances indicating an abandonment, desertion, relinquishment or a divestment of the motor vehicle, at no cost to the person involved.
(I) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(J) Donation drop-off bins. Any owner who intends to install and use a donation drop-off bin for any purpose on the exterior property of the owner's premises shall first make application and obtain a license from the Director in the manner required hereunder. No owner shall own, install, operate, or use more than one donation drop-off bin on the exterior property of each separately addressed premises such person owns. In addition to the license required herein, an owner shall also pay the permit fee required herein for each separate donation drop-off bin the owner installs, owns, operates, or uses. Any person who intends to own, install, operate, or use one or more donation drop-off bins for any purpose on the exterior property of any premises not owned by such person shall first obtain the written permission of each owner of the premises where each donation drop-off bin is to be located before making application to obtain a license from the Director. In addition to the required license, any person that owns, installs, operates, or uses one or more donation drop-off bins for any purpose on the exterior property of premises not owned by such person shall also pay the permit fee required herein for each separate donation drop-off bin to be operated and used by such person. Both the owner of the premises and the person who has been given written permission to own, install, operate, or use a donation drop-off bin on the owner's premises shall be jointly and severally liable for any violations of this chapter.
(1) Licenses and permits. Whether for the owner of the premises or the person who has obtained the written permission of the owner, the fee to obtain the initial license to own, install, operate, or use a donation drop-off bin is $200 that must be tendered at the time of license application. Such license may be annually renewed on or before the anniversary date of the application for an annual renewal fee of $200. Regardless of the number of donation drop-off bins owned, installed, operated, or used by a license applicant, the applicant shall only pay one annual license fee. The initial permit fee for a donation drop-off bin is $50 per bin payable at the time of application for the license. The annual renewal fee for each donation drop-off bin permit is $50 payable on or before the anniversary date of the initial application. Each donation drop-off bin shall display its current permit at all times, and;
(a) Shall be in full compliance with all applicable laws and regulations of the Commonwealth of Kentucky and Metro Louisville, and;
(b) Shall have a label or appended sign that states "PLEASE REPORT ANY OVERFLOW OF ITEMS, DAMAGE, OR MALFUNCTION TO [PERMIT HOLDER'S NAME] AT [PERMIT HOLDER'S TELEPHONE NUMBER] OR TO THE DIRECTOR OF CODES AND REGULATIONS AT [TELEPHONE NUMBER DESIGNATED BY DIRECTOR]." Such label or appended sign shall be in lettering no less than three inches in height and no less than one-half inch in width, and;
(c) If none of the proceeds from the sale of the donated items collected in the donation drop-off bin will be given to a "charitable or civic organization" as that term is defined in § 117.01, there shall be a label or sign permanently attached to the donation drop-off bin which identifies the permit holder's name and address and states: "DONATIONS ARE NOT FOR CHARITABLE OR CIVIC ORGANIZATIONS AND WILL BE SOLD FOR PROFIT. DONATIONS ARE NOT TAX DEDUCTIBLE." Said label or appended sign shall be prominently displayed on the receptacle in the largest lettering on the receptacle or appended sign but said lettering shall be no less than three inches in height and no less than one-half inch in width, or;
(d) If 100% of the items, or the proceeds from the sale of the items, collected in the donation drop-off bin will be used for the benefit of a "charitable or civic organization" as that term is defined in § 117.01, there shall be a label or sign permanently attached to the donation drop-off bin that identifies, at least, the legal name of the charitable or civic organization receiving the benefit of the donated items, as it appears on the certificate of registration issued to the charitable or civic organization by the Director pursuant to Chapter 117, in the largest lettering on the donation drop-off bin or appended sign but said lettering shall be no less than three inches in height and no less than one-half inch in width, or;
(e) If a professional solicitor, as that term is defined in § 117.01, owns, installs, operates, or uses a donation drop-off bin pursuant to a contractual arrangement with a charitable or civic organization whereby the professional solicitor receives either a flat fee or a percentage of the proceeds from the sale of the donated items, have a label or sign permanently attached to the donation drop-off bin which states: "SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF PROFESSIONAL SOLICITOR) ON BEHALF OF (NAME OF CHARITABLE OR CIVIC ORGANIZATION). DONATIONS WILL BE SOLD FOR PROFIT BY (NAME OF PROFESSIONAL SOLICITOR)." Said label or appended sign shall be prominently displayed on the donation drop-off bin in the largest lettering on the thereon but said lettering shall be no less than three inches in height and not less than one-half inch in width, and;
(f) Shall be placed only on premises commercially used by an established business or on church or school property, however, there shall be no more than seven permitted donation drop-off bins per charitable or civic organization, whether installed, operated, and used by the organization or a professional solicitor on its behalf, in each Metro Council District in Metro Louisville.
(2) Requirements. Any party seeking to obtain the requisite license to operate donation drop-off bins and permits for each donation drop-box shall submit a written application to the Director upon a form provided by the Director. If the applicant has on file with the Director a current Chapter 117 certificate of registration as either a charitable or civic organization or a professional solicitor, the applicant shall submit a copy of said certificate of registration, a photograph of each donation drop-off bin, the address of each proposed location for which a permit is sought, the written agreement(s) with the owner(s) of the proposed locations for the bin(s), a certificate of liability insurance in an amount not less than $500,000 showing the owner of each bin location as an additional insured, and the maintenance agreement provided by the Director wherein the applicant affirms to the Director that each donation drop-off bin location will be monitored on a daily basis, emptied no less than every other calendar day, and no overflow of items from any bin shall remain on the ground for more than 24 hours. Any violation of the maintenance agreement terms shall be deemed a citable offense under subsection (5) below. In addition, an applicant shall also indicate whether the applicant would prefer to receive notice and orders by regular mail or electronic mail. If the applicant is not currently registered with the Director as a charitable or civic organization or professional solicitor, the application shall require the following information:
(a) The name, physical address (no P.O. boxes), telephone number, and electronic mail address of the applicant. However, if the applicant is a charitable or civic organization or a "professional solicitor", as those terms are defined in § 117.01, but does not have a current Chapter 117 certificate of registration, the applicant also shall comply with the certificate of registration process set forth in Chapter 117 as part of the application process hereunder, and;
(b) A photograph of the donation drop-off bin and the proposed location for which a permit is sought. If the application is for more than one location, the applicant may submit a single application with a list of preferred locations and only one photograph of the type of donation drop-off bin to be used unless different types of bins will be used at different locations. In the event the applicant is using different types of bins at different locations, a photograph of each type of bin must be submitted, and;
(c) Whether the applicant would prefer to receive notice and orders by regular mail or electronic mail, and;
(d) The signature of the applicant, and;
(e) The required license and permit fees, and;
(f) If placed on property not owned or leased by the operator of the donation drop-off bin, a written agreement with the owner of each premises where a bin is to be located which evidences the agreement of the owner(s) to the placement of a donation drop-off bin on the property. The applicant shall also provide a certificate of liability insurance in an amount not less than $500,000 showing each owner of the premises where a bin is located as an additional insured, and;
(g) A maintenance agreement on the form provided from the Director wherein the applicant affirms that each donation drop-off bin location will be monitored on a daily basis, emptied no less than twice every calendar week, except in the event of a declared weather emergency by the National Weather Service or other natural disaster, and no overflow of items from the bin shall remain on the ground for more than 24 hours after actual or constructive notice of said overflow.
(h) The information supplied pursuant to this subsection shall be used for all notices, correspondence, or communications from the Director.
(3) Issuance of license and permits; appeals. Within ten business days after receipt of an application, the Director shall either issue the license and permits requested or give notice to the applicant of any deficiency in the application. The applicant will have five business days thereafter to correct the deficiencies in the application and if the applicant fails to do so, the Director shall immediately issue an order denying the application. Any applicant whose application is denied may appeal such denial by filing a written appeal to the Director within seven business days stating the specific reasons the order of denial was arbitrary or otherwise not in accordance with this chapter. Within ten business days of receipt of any written appeal, the Director shall issue a written order briefly stating the reasons why the appeal is either granted or denied. Any applicant whose appeal is denied by order of the Director may appeal such order to the Jefferson Circuit Court.
(4) Placement and appearance of donation bins. The rules set out below shall be obeyed to promote public safety, health and welfare as well as the general aesthetics of the entire metro area:
(a) Donation drop-off bin(s) shall be located on a hard and durable surface such as asphalt, concrete, aggregate, crushed rock and the like and all ingress and egress from each bin shall also be of a similar surface. In no event shall the placement of a donation drop-off bin or any means of ingress or egress be composed of sod, dirt, sand, or similar porous material. All donation drop-off bins shall be located on the designated premises so as not to interfere with sight triangles, on-site circulation of vehicular or pedestrian traffic, required setbacks, parking, landscaping, and all other applicable requirements imposed on the property as part of any governmental approval, including any zoning requirement;
(b) The placement of donation drop-off bins shall be restricted to an area within 75 feet from any wall of the largest permanent building on the premises or against a well-lit exterior wall of such building;
(c) A donation drop-off bin shall not be within a 1,000 foot radius of any other donation drop-off bin operated by the same licensee;
(d) Donation drop-off bins shall not be larger than six feet high by six feet wide by five feet deep;
(e) Donation drop-off bins shall be enclosed and operate by use of a securely locked receiving door so that the contents of the bin may not be accessed by anyone other than those persons authorized by the licensee to collect the contents;
(f) The donation drop-off bin must be regularly emptied, no less than twice every calendar week, to prevent overflow of clothing or other items that may be strewn about the premises. No overflow of items from a bin shall remain on the ground for more than 24 hours after actual or constructive notice of said overflow;
(h) Any graffiti placed on the donation drop-off bin must be removed within 72 hours following notice of its existence. However, within the 72 hours, the owner has the option to notify the Director in writing of the owner's intent to replace the donation drop-off bin within five days and along with said written notice submits a photograph of the new donation drop-off bin.
(i) If a donation drop-off bin is damaged to the extent the locking mechanism or receiving door has been compromised or one of its sides has been breached, it shall be repaired, replaced or removed within five days of receipt after notice of such damage from the Director unless the Director determines the damage is such that the donation drop-off bin constitutes a danger to persons or property in which case it shall be made safe or removed within 24 hours of notice of said condition.
(5) Violations and citations. Any violation of the provisions of this § 156.052(J) or any order of the Director or a Code Official are subject to citation and the civil penalties set forth in § 156.999(D). Any such citation and resulting penalty may be appealed to the Code Enforcement Board in the manner provided by § 32.284.
(6) Removal and impoundment by Metro Government. In the event that any licensee or person fails to comply with an order or citation issued pursuant to this § 156.052(J) and fails to timely appeal the citation as set forth in § 156.808, the Director, or an independent contractor retained by the Director, is hereby authorized to remove the donation drop-off bin which was the subject of the order or citation and impound it in a facility for redemption and/or disposition in accordance with the following provisions:
(a) The Director shall send written notice of such impoundment to the licensee or person named in the citation or order via the notice method chosen by the licensee in its license and in all other cases by regular mail to the person at the address listed in the citation or order. The notice shall state the address of the facility where the donation drop-off bin was impounded, the procedure to claim the impounded bin and its contents, the amount of the fines, the cost of removal, and the per diem impoundment fees which must be paid to redeem the donation drop-off bin, and a statement that failure to redeem the donation drop-off bin within 30 days from service of such notice may result in the sale of the bin and its contents.
(b) Any donation drop-off bin impounded under this section may be redeemed by the licensee or owner thereof, or a properly credentialed agent, at any time prior to sale by tendering to the Director, during regular business hours, all sums due under subsection (a) above plus any advertising charge if the donation drop-off bin has been advertised for sale. Satisfactory proof of ownership or lawful right to possession shall be provided to the Director prior to release of the donation drop-off bin.
(c) The Director may dispose of any donation drop-off bin and its contents that is impounded and held in a facility beyond the 30-day redemption period after attempted service of notice upon the owner thereof in any manner permitted by law. In no event shall the Director dispose of any impounded and unclaimed donation drop-off bin which is the subject of a pending appeal.
(7) Exemptions. Donation drop-off bins owned, installed, operated, or used exclusively for the benefit of a religious organization or a publicly owned or non-profit privately endowed educational institution on property owned by such religious organization or educational institution are exempt from the licensing and permit requirements of this section. The term "religious organization" means any organization the activity of which is protected by Section 1(2) of the Kentucky Constitution and the First Amendment to the United States Constitution. The term "educational institution" means one which is approved or licensed by the Kentucky Board of Education, the Council on Higher Education, or an equivalent public authority of the jurisdiction where such institution is located.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 233-2012, approved 12-24-2012, effective 2-22-2013; Lou. Metro Am. Ord. No. 60-2013, approved 5-17-2013; Lou. Metro Am. Ord. No. 61-2013, approved 5-22-2013; Lou. Metro Am. Ord. No. 236-2013, approved 12-23-13; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016) Penalty, see § 156.999