Section
91.01 Generally
91.02 Definitions
91.03 Public nuisances prohibited
91.04 Actions constituting public nuisances
91.05 Dangerous buildings
91.06 Graffiti
91.07 Junked or wrecked vehicles
91.08 Rubbish or excessive growth
91.09 Powers and duties of the Code Enforcement Officer; record keeping; inspection
91.10 Establishment of Code Enforcement Board; powers
91.11 Appeals of Code Enforcement Board decision; final judgment
91.12 Lien; recording; fines, charges and fees
91.99 Penalty
(A) Purpose. The city’s nuisance chapter (hereinafter "chapter") is designed to protect the public health, safety, and welfare by establishing pursuant to KRS 65.8801 to 65.8839 what constitutes a nuisance on residential and non-residential properties with and without structures, and prohibiting public nuisances that substantially annoy, injure, or endanger the public or unlawfully or substantially interfere with the use and enjoyment of private or public property, and fixing the responsibilities of owners, operators, and occupants of all residential and non-residential structures, and premises.
(B) Intent. This chapter shall be construed liberally and justly to insure public health, safety, and welfare insofar as the public is effected by the continued use and maintenance of structures and premises in violation of this chapter. However, the provisions of this chapter shall not be construed to prevent the enforcement of other applicable ordinances or regulations. The provisions of KRS 65.8801 to 65.8839 shall apply to the processes and procedures for enforcement of this chapter.
(C) Application of other codes. Any repairs, alterations, or changes to a structure, which are caused directly or indirectly by the enforcement of this chapter, shall be done in accordance with the procedures and provisions of any other existing codes used and enforced by the city, including but not limited to the adopted Property Maintenance Code, the Kentucky Building Code, Fire Code, and Electrical Code.
(D) Conflict with other ordinances or regulations. In any case where a provision of this chapter is found to be in conflict with any existing code, ordinance, or regulation of the city, the provision that establishes the highest standard shall apply, so long as the penalty for violation of that provision is civil in nature. If the penalty of the provision establishing the highest standard is not civil in nature, then this chapter shall be the prevailing authority, with the exception of the Kentucky Building Code, Fire Code, and Electrical Code, which shall control over conflicting city ordinances.
(E) Workmanship. All repairs, maintenance, alterations, or installations that are required for compliance with this chapter shall be executed and installed in a workmanlike manner.
(Ord. 2016-9, passed 11-10-2016)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning of the word being defined:
ABANDON. To give up or relinquish one's interest or right in property.
ABATEMENT COSTS. A city's/unincorporated Kenton County's necessary and reasonable costs for and associated with clearing, 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 necessary to remedy a violation and to maintain and preserve the public health, safety and welfare in accordance with any city ordinance.
ANYBODY. Any human being, or any organization or combination thereof, in the form of a corporation, partnership, limited liability company, joint venture, unincorporated association or otherwise.
ALTER or ALTERATION. Any change or modification in the construction or occupancy of a building or structure.
AEROSOL PAINT CONTAINER. Any aerosol container, regardless of the material from which it is made, that is adopted or made for the purpose of spraying paint capable of defacing property.
APPROVED. Approved by the Chairman of the Kenton County Joint Code Enforcement Board, or any of his or her assistants, staff, employees, or assigns.
ALL TERRAIN VEHICLE. Shall have the same meaning provided therefor in KRS 189.010, which is a motor vehicle is used for recreational off-road use.
AUTOMOBILE COLLECTOR. A person who collects and restores motor vehicles.
BANNER SIGN. Any commercial sign composed of any pliable plastic or cloth, without a rigid supporting frame.
BASEMENT. A portion of a building or structure located partly underground, but having less than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
BUILDING. Any structure, constructed on, below, or above ground, for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term BUILDING shall be construed as if followed by the words, "or any part thereof."
BUILDING CODE. The Kentucky Building Code, as adopted by the City of Ludlow Ordinance 1991-5 of the City of Ludlow Code of Ordinances.
CART. Any cart, wagon, or similar device, regardless of means of propulsion, made of wire, metal, wood or other material, such as is generally provided by merchants for carting or carrying merchandise or food stuffs from said merchants' store or buildings to automobiles or other places without said merchants' building or store.
CITY. The City of Ludlow, Kenton, Kentucky, including any departments, divisions, boards, or agencies thereof.
CODE ENFORCEMENT BOARD. An administrative body created and acting under the authority of the Local Government Code Enforcement Board Act, KRS 65.8801 to 65.8839, created by an interlocal agreement between this city and other cities together with the County Fiscal Court.
CODE ENFORCEMENT OFFICER. As defined in KRS 65.8801 et seq. and any employee of Planning and Development Services of Kenton County charged with the enforcement of this chapter as a Code Enforcement/Citation Officer, exclusive of clerical and administrative staff, as well as police and fire safety officers.
CONTROL. To exercise restraint or direction over.
CRIMINAL ACTIVITY. Any building or premises where law enforcement officers have, on more than one occasion in the preceding 12-month period, cited or arrested persons for crimes involving prostitution, controlled substances, disorderly conduct or gambling, or have executed search warrants for crimes involving prostitution, controlled substances, disorderly conduct or gambling.
DELIVER. Any manner of delivery that conforms to the federal and state constitutional requirements for procedural due process.
DISORDERLY MANNER. Any manner that unreasonably causes inconvenience, annoyance or alarm to any member of the public or anybody using any other lot or parcel of real estate within or outside of the city, or wantonly creates a risk thereof.
DWELLING. Any building that is wholly or partly used or intended to be used for living, sleeping, cooking, and eating by human occupants, whether or not such building is occupied or vacant, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. The term DWELLING shall be construed as if followed by the words, "or any part thereof."
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, and eating, whether or not such unit is occupied or vacant. The term DWELLING UNIT shall be construed as if followed by the words, "or any part thereof."
EVERYBODY. Every human being and every organization or combination thereof. In the form of a corporation, partnership, limited liability company, joint venture, unincorporated association or otherwise.
FINAL ORDER. Any order:
(1) Issued by the Code Enforcement Board following a hearing in accordance with this chapter;
(2) Created because a violator neither paid nor contested the citation within seven days as provided in this chapter; or
(3) Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in this chapter.
FIRE CODE. The Kentucky Building Code, as adopted by the City of Ludlow in Ordinance 1991-5 of the City of Ludlow Code of Ordinances.
FOWL. Any hen, rooster, chicken, duck, turkey, pheasant or any of several other, usually gallinaceous birds.
GARBAGE The organic, animal, and vegetable waste resulting from the handling, preparation, cooking, and consumption of food or food products. Other general organic materials such as paper and cardboard are also garbage.
GRAFFITI. Any inscription, drawing or design that is scratched, painted, sprayed or placed on any surface of any structure without the consent or authority of the owner thereof, and which is within the view from any public property or right-of-way.
HEARING BOARD. The Kenton County Joint Code Enforcement Board as established by ordinance and empowered to conduct hearings pursuant to KRS 65.8801 to 65.8839.
IMMINENT DANGER. A condition which is likely to cause serious or life-threatening injury or death at any time.
INOPERABLE MOTOR VEHICLE. A motor vehicle that is: unlicensed as required by KRS 186.020; is in a state of disrepair, caused by wreckage to the vehicle or disassembly; mechanically inoperable; or legally inoperable on public streets and highways.
LIVESTOCK. Animals of the bovine, ovine, porcine, caprine, equine, camelide and cervid species, including, without limitation, horses, cattle, sheep, swine and goats.
LOCAL GOVERNMENT. The City of Ludlow, Kenton, Kentucky.
MARKER PEN. Any indelible marker or similar implement with a writing tip exceeding four millimeters in width that contains solution that cannot be removed with water after it dries.
NUISANCE CODE. This chapter adopted by the city pursuant to KRS 65.8801 et seq. and incorporated herein by reference the provisions of the International Property Maintenance Code, published by the International Code Council Inc. as amended from time to time and all amendments are hereby incorporated by reference into this chapter as if fully set forth herein.
OCCUPANT. Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit, rooming unit, building, or portion of a building.
OPERATOR. Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
ORDINANCE. An official action of the local government body, which is a regulation of a general and permanent nature and enforceable as a local law and shall include any provision of a code of ordinances adopted by the city legislative body and the Fiscal Court which embodies all or part of an ordinance.
ORDINARY PUBLIC VIEW. A sight line within normal visual range by a person on a public street or sidewalk adjacent to real property.
OVERGROWN GRASS. Any grass, weeds or vegetation in excess of eight (8) inches in length, except in agricultural zones.
OWNER. The holder of the title in fee simple and any person, group of persons, company, association, or corporation in whose name tax bills on the property are submitted. OWNER also means a person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property. It shall also mean any person who, alone or jointly or severally with others:
(1) Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) Shall have charge, care, or control of any dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, lessee, or other person, firm, or corporation in control of a building, or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner. It is his or her responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property.
PARTS CAR. An automobile that is not intended to be operated along streets and roads, but is used to provide parts for the restoration of automobiles.
PERSON. Any individual, firm, corporation, limited Liability Company, association, or partnership.
PLUMBING. The practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm draining facilities, the venting system, and the public or private water supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or sewerage, and water-supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.
PREMISES. A lot, plot, or parcel of land including the buildings or structures thereon.
PUBLIC AREA. Unoccupied open space that is not privately owned, including but not limited to publicly owned property, sidewalks, streets, and rights-of-way.
RECREATIONAL VEHICLE. Has the same meaning provided for them in KRS 227.550(11).
REQUIRED. Required by some provision of this chapter or other law or regulation adopted by the city.
RUBBISH. Combustible and non-combustible waste materials, except garbage. The term shall include but not be limited to abandoned, discarded, or unused objects placed outside of a structure, such as furniture, stoves, refrigerators, freezers, washers, dryers, clothes, food, cans, containers, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, synthetic materials, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery and dust. The term shall also include the residue from the burning of wood, coal, coke, synthetic material, or other combustible material.
STAGNANT WATER. A body of water without wind, waves, fish, or frogs, including but not limited to stagnant water in natural ponds, ornamental ponds, old tires, poorly maintained pools, rain barrels, clogged gutters, and other places where standing water may collect.
STAIRWAY. One or more flight of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.
STRUCTURE. An edifice, cellar, building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words, "or any part thereof."
YARD. An open unoccupied space on the same lot with building extending along the entire length of a street, or rear or interior lot line. This term also applies to an adjoining unoccupied parcel or lot that is used by a principal occupied lot as a yard.
(Ord. 2016-9, passed 11-10-2016)
No person shall act, fail to act, behave, erect, contrive, cause, continue, maintain in any manner, or permit to exist any public nuisance within the city. Repeated violation of the terms of the International Property Maintenance Code, as amended, shall constitute a public nuisance.
(Ord. 2016-9, passed 11-10-2016)
The following acts, action, inaction, omissions, behavior, or conditions shall constitute a public nuisance:
(A) Any act, thing, occupation, condition, use of property, non-use of property, misuse of property that continues for a length of time so as to:
(1) Substantially annoy, injure, or endanger the comfort, health, repose or safety of the public;
(2) In any way render the public insecure in life, peaceful uninterrupted existence, or in the use of their property;
(3) Offend the public morals or decency; and
(4) 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, including but not limited to sidewalks.
(B) To allow any physical condition, use, or occupancy of any premises or its appurtenances be an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, standing pools of water or liquid, basements, excavations, retaining walls, and unsafe fences, accessible to children or other persons, on the premises. No person shall abandon or leave unattended in any place accessible to children any refrigerator, freezer, ice chest, ice box, or similar airtight box or container, which has a locking device inoperable from within, without first unhinging and removing the door or lid thereof or detaching the locking device from the door or lid. Nothing in this section shall be construed to prohibit the normal use of any refrigerator, ice box, freezer, or similar appliance for the storage of food in any home or buildings appurtenant thereto.
(C) For any premises to have unsanitary, defective, or insufficient sewerage or plumbing facilities.
(D) To keep or maintain any premises designated by a Code Enforcement Officer as unsafe or unfit for human habitation.
(E) For any premises to present an imminent fire hazard, be in imminent danger of collapse, or to be unsafe or unsecure so as to endanger life, limb, or property.
(F) (1) For any premises to lack electrical service, plumbing, heating, and/or other equipment required by this chapter, the Property Maintenance Code, state statute or any other ordinance of the city.
(2) If the utility providing natural gas service to a furnace, water heater, or other equipment determines that the equipment is defective, the utility shall cite or "red tag" the defective equipment and notify the Code Enforcement Officer of such citation. Any equipment so cited by a utility company as defective will be deemed a public nuisance.
(G) For any structure or building to be in a state of dilapidation, deterioration, or decay, or be a product of faulty construction.
(H) For any structure or building to be vacant or abandoned and open or accessible to vagrants or passersby, or damaged by fire so as to not provide shelter.
(I) To allow on any premises or structure any stagnant water in which mosquitoes, flies, or other insects may breed or multiply. For stagnant water that cannot be easily eliminated, a property owner may use mosquito dunks or other environmentally safe larvicides to kill mosquitoes and other insects and evidence of the effective use of such products will constitute a defense to any citation issued under this section.
(J) To allow any rubbish to remain on any premises.
(K) To allow any premises or structure to pollute any public well or cistern, stream, lake, canal, or body of water by sewage, creamery, or industrial wastes or other polluting substances.
(L) To allow any premises or structure within the city, to emit or cause any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches repulsive to the physical senses of ordinary persons, or that annoy, cause discomfort, or injure the health of any appreciable number of persons within the city.
(M) Harboring or keeping any animal of the dog kind which by loud and frequent or habitual barking, howling, or yelping, shall cause serious annoyance or disturbance to adjacent residents in the neighborhood. No animal shall be kept on any lot or parcel of land or property within the city consisting of less than 10,000 square feet in area. This provision does not apply to small household pets, dogs or cats or those maintained for commercial purposes in compliance with the city's zoning code.
(N) Any person having the custody and control of any domestic animal shall be responsible for the removal of the animal's excrement and shall not allow excessive excrement to accumulate on his or her premises.
(O) The keeping of cattle or fowl within the city. No owner, harborer, landlord, tenant or person having the custody, control or possession of any chicken, poultry, fowl or livestock shall permit the storage, keeping, raising or harboring of any such animal within the city. The keeping or harboring of such animals shall be considered a nuisance, de facto, under the terms of this chapter.
(P) Emission of noxious odors or smoke into the surrounding atmosphere of dust, smoke, or other matter which renders ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible.
(Q) Emission of noise or sounds which is noxious enough to destroy the enjoyment of dwellings or other uses of property in the vicinity by interfering with the ordinary comforts of human existence.
(R) Storage of explosives or combustible material. The storage of combustible or explosive material which creates a safety hazard to other property or persons in the vicinity.
(S) Any tree, stack of wood or trees, or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(T) The operation of any ATV within the city on any day, before 8:00 a.m. or after 10:00 p.m., prevailing time without the muffler system provided by the manufacturer of the ATV, as provided by the manufacturer, without any modification thereof other than like kind parts replacement, and which prevents the emission of sound from the ATV in excess of the levels identified in 40 CFR 205.166 for motorcycles; or at any speed in excess of the minimum speed required to maintain the forward motion of the ATV while it is within 150 feet of any dwelling on a lot or parcel of real estate other than that upon which the ATV is being operated.
(U) Any fire, other than that of candles, torches, grills, and fire code compliant fire pits, that is outside of any building of any material other than paper, wood, charcoal, propane or natural gas or more than three square feet in area.
(V) To allow any motor vehicle to be parked on an unpaved surface.
(W) The feeding of ducks, geese, pigeons, and similar such birds and wild animals, such as, raccoons and squirrels in a manner causing or contributing to unsanitary conditions and offensive odors within the city limits. This would include making mass quantities of food available to groups of waterfowl, pigeons, or wild animals, on repeated occasions, so as to encourage them to amass in one particular location. This does not include maintenance of birdhouses or backyard bird feeders designed to feed sparrows, cardinals, hummingbirds, or similar such birds.
(X) It shall be a violation of this chapter to allow criminal activity to occur upon any property within the city. Any building or premises where law enforcement officers have, on more than one occasion in the preceding 12-month period, cited or arrested persons for crimes involving prostitution, controlled
substances, disorderly conduct or gambling or have executed court issued search warrants for crimes involving prostitution, controlled substances, disorderly conduct or gambling shall be in violation of this chapter. Property owners are to be placed on notice if any of the preceding events occur and will be deemed to have knowledge of these events once given notice. In the event of criminal activity as described above occurs with the city, the Ludlow Police Department shall provide this information to the City Administrator within 30 days. The City Administrator shall then provide this information to the city Code Enforcement Department for the issuance of a citation, if applicable.
(Y) No person shall remove a shopping cart from the property of any retail shopping establishment. Property as used in this section shall be considered to include, but not be limited to any public or private parking lot contiguous to the retail shopping establishment. Every retail establishment that provides carts to its customers that leave the building in which the establishment is located shall post signs in conspicuous locations throughout the parking lot of the retail establishment that state it is unlawful to remove carts from the premises of the establishment, including, but not limited to, the parking lot.
(Ord. 2016-9, passed 11-10-2016)
Loading...