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REQUIREMENTS
(A) Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures., equipment and exterior property.
(B) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises, which they occupy and control.
(C) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
(A) General. The provisions of this subchapter shall govern the responsibilities of persons for the maintenance of structures, and the equipment and premises thereof. Every owner and occupant must fully comply with all the provisions of the Uniform Landlord Tenant Act/Ordinance. The occupant shall promptly notify the owner of any deficiencies and violations of this chapter. All premises shall be kept and maintained free of any public nuisance.
(B) Sanitary condition.
(1) Cleanliness. Every occupant of a structure or part thereof shall keep that part of the structure or premises which that occupant occupies, controls, or uses in a clean, safe and sanitary condition. The owner and any occupant(s) shall be responsible for keeping the premises free of all weeds and prohibited plant growth, as defined in § 156.052(D), and shall ensure the removal, with reasonable promptness, of all debris, rubbish, garbage, litter, and other matter which may at any time accumulate upon the property, including any abutting sidewalks, to the center line of such street, easement or alley as are adjacent to or abut the premises. Nothing in this section shall invalidate a lease provision. The Metro Government hereby declares that plant growth in excess of the length permitted under § 156.052(D) materially affects public health and safety and creates an emergency condition which allows a landlord to enter immediately upon the premises of a tenant as provided by § 151.33(B) solely to remedy such condition. Any plant growth exceeding ten inches in height on land of three acres or more that abuts residential property, other than crops, trees, bushes, flowers or other ornamental plants, shall be at least 50 feet from the property line abutting the developed neighborhood.
(2) Disposal of rubbish. Every owner and/or occupant of a structure or part thereof shall dispose of all rubbish in a clean and sanitary manner by placing it in leak-proof approved containers, as required by § 156.055.
(3) Disposal of garbage. Every owner and/or occupant of a structure or part thereof shall dispose of garbage in a clean and sanitary manner by placing it in garbage disposal facilities, or if such facilities are not available, by securely wrapping such garbage and placing it in leak-proof approved containers, as required by § 156.055.
(4) Garbage storage facilities. Every dwelling unit shall be supplied with an approved garbage disposal facility, which shall be any adequate mechanical food waste grinder in each dwelling unit or leak-proof approved containers, as required by § 156.055(E). Such facilities shall be sufficient to meet the needs of the occupants.
(5) Rubbish storage facilities. Every dwelling unit shall be supplied with leak-proof approved containers as required by § 156.055(E) for storage of rubbish, and the occupant shall be responsible for the removal of such rubbish.
(6) Food preparation. All spaces used or intended to be used for food preparation shall contain suitable space and approved equipment to store, prepare and serve food in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage when necessary. Approved equipment shall consist of:
(a) A listed or approved cooking stove or similar device designed for cooking food, properly installed with all necessary connections for safe, sanitary and efficient operation, and in proper working condition, to be supplied by the owner; provided, however, the owner may specify that this shall be the responsibility of the occupant if sufficient space and adequate connections are provided.
(b) A refrigerator or similar device capable of the safe storage of food at temperatures less than 50ºF. but more than 3ºF. under ordinary
maximum summer conditions, properly installed with all necessary connections for safe, sanitary and efficient operation, and in proper working condition, to be supplied by the owner; provided, however, the owner may specify that this shall be the responsibility of the occupant if sufficient space and adequate connections are provided.
(c) Cabinets or shelves of sound construction and easily cleanable, to be furnished by the owner, for the storage of eating, drinking, and cooking equipment and utensils, and of food that does not under ordinary summer conditions require refrigeration for safe keeping, to be supplied by the owner.
(7) Supplied fixtures and equipment. The owner or occupant of a structure or part thereof shall keep all equipment and fixtures therein clean and sanitary, and shall be responsible for the exercise of reasonable care in their proper use and operation. The owner shall maintain the supplied equipment and fixtures in good and proper operating condition.
(8) Furnished by occupant. The equipment and fixtures furnished by the occupant of a structure shall be properly installed, and shall be maintained in good working condition, kept clean and sanitary, and free from defects, leaks or obstructions.
(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. 44-2005, approved 4-19-2005; Lou. Metro Am. Ord. No. 160-2005, approved 10-18-2005; Lou. Metro Am. Ord. No. 30-2007, approved 3-12-2007; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 201-2024, approved 11-24-2024)
(A) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition, free of all garbage, rubbish, debris, waste, and trash. It shall be unlawful for any person to place, throw, leave, or permit to remain any rubbish waste, debris, or garbage upon any real property of which they are an owner or occupant.
(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 remain free of all garbage, debris, and rubbish, be kept in a proper state of repair, and maintained free from hazardous conditions. Sidewalks shall remain clear for pedestrian traffic. 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) Managed natural landscape. As an exception to section (D), an owner, authorized agent, or authorized occupant of any privately-owned lands or premises may, consistent with this subsection and all other applicable laws, statutes, rules, and ordinances, install and maintain a managed natural landscape such as native plantings, meadow vegetation, prairie, or rain garden, as long as the following requirements are met:
(1) At all times the managed landscape must remain in compliance with Chapter 97 of the Louisville/Jefferson County Metro Government Code of Ordinances. In addition, the managed landscape must be set back from property lines by at least five feet. The setback is not required where the defined landscape area abuts another similar private or public landscape area, a wetland, pond, lake or stream or if a fully opaque fence at least four feet in height is installed along the lot line adjoining the planned landscape area; and
(2) The managed landscape must be mowed or cut back at least once per year in addition to ongoing maintenance: and
(3) The area must be clearly defined by edging, fencing, or similar material. A native planting that directly abuts at least two feet of mowed and maintained turf grass will be considered to have adequate edging; and
(4) The area of plant growth must not extend into the public right of way; and
(5) A sign must be posted on the property in a location likely to be seen by the public, advising that native plants are being established. The Office of Advanced Planning and Sustainability will work with community partners to provide access to appropriate signage; and
(6) Noxious weeds are not allowed (KRS 176.051); and
(7) Managed natural landscapes shall not include turf-grass lawns left unattended.
(F) 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 re- infestation. 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.
(G) 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.
(H) 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.
(I) Motor vehicles and trailers.
(1) Storage and maintenance. 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 or trailer 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 or trailer 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.
(2) Permissible parking. All motor vehicles and trailers 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 and trailers 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.
(3) Vehicles and trailers for waste storage. It shall be unlawful for any person to store, leave, or permit to remain, without good cause, any excessive rubbish, waste, debris, or garbage on or in a motor vehicle or trailer located upon property intended for residential use as defined in the Land Development Code.
(4) Additional remedy. In addition to the penalties provided in § 156.999, the Code Official may issue an order to abate to the registered owner of the motor vehicle and/or trailer parked or stored in violation of this section or to the owner or person in possession of private property upon which the motor vehicle and/or trailer is illegally parked or stored. The order to abate may require that the motor vehicle and/or trailer 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 including the legal disposal of all rubbish, waste, debris, or garbage. The order to abate shall be served on the appropriate party either personally or by first-class certified or registered mail and by both affixing said order to the motor vehicle or trailer parked or stored in violation of this section and by posting the order to abate in a conspicuous place on or about the property upon which the motor vehicle and/or trailer is illegally parked or stored.
(5) Removal by Metro Government. In the event that any person fails to comply with an order to abate issued pursuant to this section, the Code Official may have the motor vehicle and/or trailer parked or stored in violation of this section, removed and impounded in accordance with the terms set forth in § 156.052(I); or if the violation is of § 156.052(H)(3) the Code Officer may, instead of impoundment of the motor vehicle and/or trailer, remove and dispose of the offending rubbish, waste, debris, or garbage. The Code Official may impose on the person violating the order reasonable and necessary costs to cover the direct and indirect costs, if any, of the removal and disposal of any rubbish, waste, debris, or garbage. Appeals of the imposition of such costs shall be made pursuant to the procedures of § 156.808.
(6) 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.
(1) Impoundment. Metro Government may impound a motor vehicle and/or trailer found in violation of the provisions of § 156.052(H) according to the provisions of this chapter. A citation shall be issued pursuant to § 32.283 and shall include notice of the impoundment. In addition, the citation and notice of impoundment, shall be posted in a conspicuous place on or about the property from which the motor vehicle and/or trailer was taken. The citation and notice of impoundment shall include information concerning the available process to obtain a hearing and the process by which to recover the vehicle and/or trailer at issue.
(2) Impoundment period and release upon payment. Any motor vehicle or trailer impounded under this section shall be held for a minimum of 24 hours. After 24 hours, and before the expiration of the appeal period contained in § 32.283, Louisville Metro may release the motor vehicle to the owner or other person entitled to possession under the following conditions:
(a) Payment of all abatement expenses incurred by Louisville Metro Government including for the removal of any garbage, rubbish, debris, waste, and trash if at issue; and
(b) Payment of all towing, handling, impoundment, and storage charges imposed.
(3) Appeal of vehicle impoundment to Code Enforcement Board.
(a) Within seven days of the impoundment of a motor vehicle and/or trailer, any person against whom a citation has been issued and/or the owner of a motor vehicle that has been impounded pursuant to this section, or other person entitled to possession, may request a hearing on the citation and impoundment by requesting in writing a hearing before the Code Enforcement Board. The hearing shall be conducted within ten business days of the date of the request, unless the owner or other person entitled to possession waives the limitation or Metro Government shows good cause for such delay. Metro Government shall retain possession of the motor vehicle and/or trailer pending the hearing, unless the owner or other person claiming right of possession posts a bond in an amount equal to the accrued costs pursuant to § 156.052(I)(2)(a) and (b) or $1,000, whichever is less.
(b) No less than five days prior to the date set for the hearing, Metro Government shall notify the person requesting the hearing of the date, time, and place of the hearing.
(d) At the hearing, after consideration of the evidence, the Code Enforcement Board shall determine whether a violation was committed. Where it has not been established that a violation was committed, an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as bond because of the impoundment of the vehicle shall be returned. Where it has been established that a violation was committed, the Board shall uphold the impoundment and condition the release of the vehicle upon payment of all fines and fees accruing thereto set out in § 156.052(I)(2). If bond has been posted as security for release of the vehicle, said bond shall be forfeited to Metro Government up to the amount then owed pursuant to § 156.052(I)(2), with the remainder refunded. Any costs or fees in excess of the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to Metro Government. The Code Enforcement Board shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(4) Additional requirements for release of a motor vehicle. Before the release of a motor vehicle and/or trailer pursuant to § 156.052(I)(2) or (3) the owner or other person entitled to possession, must establish proof of ownership or right to possession and the meeting of all other provisions of the Vehicle Impoundment Division of the Louisville Metro Government. Metro Government may require reasonable security, bond, or other assurances of indemnification from a person who is not the registered owner of the vehicle and/or trailer prior to releasing the vehicle to such person.
(5) Appeal from Hearing Board to District Court.
(a) An appeal from the Code Enforcement Board's determination may be made to the Civil Division of Jefferson District Court within 30 days of the Board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the Board's order in the same manner as any civil action. The action shall be tried de novo and the burden shall be on Metro Government to establish that a violation was committed. If the Court finds that a violation was committed, the owner shall be ordered to pay all fees and fines accruing as of the date of judgment. If the Court finds that a violation was not committed, Metro Government shall be ordered to release the motor vehicle and/or trailer, if applicable, and to return a posted bond or all fines, costs, and fees paid as a result of the impoundment.
(b) The judgment of the Jefferson District Court may be appealed to the Jefferson Circuit Court, in accordance with the Rules of Civil Procedure.
(6) Impoundment; response to notice required. If a hearing has not been requested pursuant to § 156.052(I), § 156.808, and §§ 32.275 et seq. and a motor vehicle and/or trailer impounded by Metro Government has not been claimed, notice shall be mailed by certified mail to the registered owner, if known, and lien holders of record, if any, affording the parties the right within ten days from the date of notice to claim the vehicle or request a hearing pursuant to KRS 82.625. The notice shall state that, if no hearing is requested, the vehicle and/or trailer shall be deemed abandoned unless the charges thereon are paid within 45 days of the certified mailing of the notice.
(7) Impoundment; escheat to Metro Government if no response to notice.
(a) After 45 days from the date of impoundment, if no appeal is filed, or if an appeal is filed, 45 days from the date of a final order of the last presiding administrative body or court with jurisdiction, an impounded motor vehicle and/or trailer shall be deemed abandoned and the vehicle and/or trailer shall escheat to Metro Government.
(b) If the vehicle and/or trailer is judged suitable for use, Metro Government may obtain a certificate of registration and ownership from the Jefferson County Clerk, pursuant to KRS 186.020 and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle and/or trailer is not suitable for use it may be sold for its scrap or junk value.
(8) Metro Government lien on vehicles impounded. In addition to any remedy provided by §§ 32.275 et seq. Metro Government shall possess a lien on a motor vehicle and/or trailer impounded, pursuant to KRS 82.625 for all fines, penalties, and towing, handling, and storage charges and fees imposed thereupon. Such lien shall be superior to and have priority over all other liens thereupon.
(9) No effect on security interest in vehicle. Nothing in these provisions shall otherwise affect the rights or obligations between the owner of the motor vehicle and/or trailer and those persons who claim a security interest therein.
(10) Release of impounded vehicle upon payment of fees. In addition to the release requirements imposed under this chapter, any motor vehicle and/or trailer impounded pursuant to § 156.052 may be released to the appropriate owner or other person entitled to possession of the vehicle and/or trailer upon payment of any fines, accumulated costs, and abatement costs imposed under this chapter and of all towing and impoundment fees incurred up to the date of the release request.
(K) 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.
(L) 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, 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 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, 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 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. 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, 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; Lou. Metro Am. Ord. No. 111-2021, approved 8-17-2021; Lou. Metro Am. Ord. No. 29-2022, approved 3-8-2022; Lou. Metro Am. Ord. No. 003-2023, approved 2-7-2023; Lou. Metro Am. Ord. No. 201-2024, approved 11-24-2024) Penalty, see § 156.999
(A) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(B) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipping paint shall be eliminated from any surface. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(1) Lead-based paint. The owner must comply with federal and state statutes and standards and local statutes and standards for the abatement of existing lead base paint and the application of lead base paint.
(C) Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall conform to the requirements set forth in Chapter 97 of the Louisville/Jefferson County Metro Government Code of Ordinances. All existing premises properly identified in accordance to the identification standards in effect at the passage of this code shall be allowed to keep such identification until they are replaced, and then shall comply with this section.
(D) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(E) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(F) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(G) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit water/moisture. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(H) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(I) Signs, marquees, and awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, exhaust ducts and similar overhang extensions of structures shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective equipment. All peeling, flaking and chipping paint shall be eliminated. All signs must be maintained in the same condition as permitted or approved or the sign must be removed.
(J) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. All peeling, flaking and chipping paint shall be eliminated.
(K) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(L) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment
(M) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Any alteration, modification, addition or replacement of a handrail or guard shall be in conformity with the applicable state building code requirements. Every exterior flight of stairs having more than four risers, and every open portion of a stair, landing or balcony, which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) and no more than 42 inches (1067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing, walking surfaces or grade. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony or grade.
(N) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
(1) Glazing. All glazing materials shall be maintained free from cracks and holes.
(2) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(O) Doors.
(1) All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 156.201.
(2) Double cylinder dead bolts requiring a key operation on both sides are prohibited on required means of egress. Key operation is permitted from a dwelling unit provided the key cannot be removed when the door is locked from the side from which egress is to be made.
(P) Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. This section does not apply to basement apartments as long as they are in full compliance with all other sections of this chapter.
(Q) Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. This section does not apply to basement apartments as long as they are in full compliance with all other sections of this chapter.
(R) Abandoned or dangerous sign. A premises may not have on site an abandoned permanent or temporary sign or a dangerous sign. A permanent, temporary or outdoor advertising sign is deemed abandoned when the sign advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located or on the premises referred to in the off-premise business sign. A temporary sign is deemed abandoned when the sign has not been removed within ten days after the event advertised on such sign has taken place. A sign is deemed dangerous when it becomes insecure, unsafe, dilapidated, or in danger of failing or collapsing, or when it constitutes a fire hazard or otherwise endangers human life or the public welfare; or when it is deemed unsafe by reason of illegal or improper use or maintenance.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 215-2003, approved 12-15-2003; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
(A) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure, which they occupy or control, in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(B) Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
(C) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be-repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
(1) Lead-based paint. The owner must comply with federal and state statutes and standards and local statutes and standards for the abatement of existing lead base paint and the application of lead base paint.
(2) Bathroom and kitchen floors and walls. Every toilet room, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be kept in a clean and sanitary condition. Every toilet, bathroom and kitchen floor surface shall be composed of approved water-resistant materials and shall be substantially impervious to water damage; however, carpet will be allowed as a floor covering in these areas if areas were originally designed and approved for this type of floor covering and this floor covering has been used and maintained as to not cause a health or safety problem for the users of these areas. The walls of every bathroom, to a height of 48 inches if there is a tub and 72 inches if there is a shower, shall be constructed of water-repellant material in that area adjacent to the tub or shower, to prevent structural deterioration and any development of unsanitary conditions.
(3) Free from dampness. In every building, basements and crawl spaces shall be maintained to prevent conditions conducive to decay or deterioration of the structure.
(D) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(E) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every interior flight of stairs having more than four risers, and every open portion of a stair, landing or balcony, which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) no more than 42 inches (1067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing, walking surfaces or grade. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony or grade.
(F) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
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