Section
Property Maintenance
158.01 Adoption by reference
158.02 Additions, insertions and changes
Public Nuisances
158.10 Definitions
158.11 Purpose
158.12 Duty of maintenance of private property
158.13 Duty of maintenance of streets, sidewalks, storm drainage areas and public rights-of-way
158.14 Property standards
158.15 Certain conditions declared a nuisance
158.16 Enforcement
158.99 Penalty
PROPERTY MAINTENANCE
That a certain document, copies of which are on file in the Code Enforcement Office of the City of Murray, Kentucky, being marked and designated "International Property Maintenance Code (IPMC) 2012 edition" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Murray, in the Commonwealth of Kentucky; for the control of buildings, structures and property as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any prescribed in § 158.02.
(Ord. 2001-1259, passed 10-11-01; Am. Ord. 2014-1650, passed 12-11-14)
Cross-reference:
Violations enforced by Code Enforcement Board, see § 40.39
The International Property Maintenance Code, as adopted by reference, is amended and revised in the following respects:
(A) Section 106.3
(1) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate; and
(2) Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof shall be subject to a fine of not less than one hundred dollars ($l00) nor more than five hundred dollars ($500). Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(B) Section 101.1 These regulations shall be known as the International Property Maintenance Code of the City of Murray, Kentucky, hereinafter referred to as "this code."
(C) Section 111.1 Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Code Enforcement Board, provided that a written application for appeal is filed within seven (7) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(D) Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars($l00) dollars nor more than five hundred ($500) dollars.
(E) Section 301.4 Natural Areas and Undeveloped Areas. Natural areas and undeveloped land within the city which contain trees, plants, cultivated flowers, shrubs/or gardens shall be maintained in a safe and unblighted condition so as not to adversely affect the public health or safety of the area.
(F) Section 302.4 All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) 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. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(G) Section 304.14 During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self- closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(H) Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping rooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15 to May 15 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions:
(1) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
(2) In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
(I) Section 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 15 to May 15 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions:
(1) Processing, storage and operation areas that require cooling or special temperature conditions; and
(2) Areas in which persons are primarily engaged in vigorous physical activities.
(Ord. 2001-1259, passed 10-11-01; Am. Ord. 2004-1362, passed 10-28-04; Am. Ord. 2005-1368, passed 2-10-05; Am. Ord. 2011-1554, passed 1-12-12; Am. Ord. 2014-1650, passed 12-11-14; Am. Ord. 2020-1804, passed 11-12-20)
PUBLIC NUISANCES
For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DILAPIDATED ITEM." Any item in a state of disrepair, junk, a dismantled or stripped vehicle, or parts, and/or any item which is damaged, in a state of decay or ruin, or unable to be reasonably used for its intended purpose without substantial repair or restoration. This definition includes, but is not limited to, any motor vehicle, boat, equipment, home appliance. sporting equipment, playground equipment, toy, and furniture or part that is in a dilapidated or inoperable condition and which is left in such condition continuously for more than seven (7) consecutive days.
"DISCARDED ITEM." Any item which is cast off, set aside as having no particular use and, includes, but is not limited to, motor vehicles, auto body parts, tires, boats, home appliances and furniture in a dilapidated or apparently inoperable condition and/or any item left in open storage or discarded or stacked on private property continuously for more than seven (7) consecutive days.
"GARBAGE." Any discarded material or anything thrown away or rejected as worthless or useless. It shall include, but not be limited to, all unclean material that is discarded and constitutes a potential menace to the public health and welfare or obstructs any public thoroughfares and the by- product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as breeding or feeding material for flies, insects or animals or vermin of any type.
"JUNK." Any item, including, but not limited to, deteriorated furniture, abandoned, discarded or unused appliances, junk machinery and/or parts, storage tanks, dumpsters, refuse or trash containers not being served by the city garbage collection contractor, equipment, building material, junk motor vehicles or vehicle parts, tires, old toys, or other items which are either wholly or partially rusted, faded, wrecked, junked, dismantled or in inoperative condition. JUNK shall also include, but not be limited to, wrecked automobiles, scrap iron or metals, old furniture, old metal or plastic parts no longer used, paper, rags, plastic containers or totes or cardboard boxes stacked on porches or other areas of property such as sides of houses, against outside fencing etc., bottles and other debris. JUNK shall be viewed from the totality of the circumstances.
"PUBLIC NUISANCE." With regard to property, anything, including, but not limited to, dilapidated items, discarded items, garbage, junk, rubbish, seasonal items, excessive amounts of compost, offensive odor causing substances or emissions, or other items or situations that, because of its/their condition or circumstance is unsafe, unsanitacy, unsightly, especially liable to fire loss, unfit or unsafe for human habitation, or occupancy or use, a haven for insects, snakes, spiders, rodents or vermin, or is dangerous or injurious to the health or safety of the occupants, neighboring occupants or any other individuals constitutes a public nuisance.
"RUBBISH." Combustible and noncombustible waste materials, except garbage; the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. International Property Maintenance Code latest edition, Section 202.
"SEASONAL ITEMS." Seasonal items shall be viewed from the totality of the circumstances and their relationship to the health, safety and welfare of the occupants and shall include, but not be limited to, collections of decoys such as deer, turkey or duck decoys outside the house in plain sight, except in fish and wildlife approved hunting seasons; dead plants left in pots in plain sight, stacked empty flower pots viewable from the street, holiday materials of any type remaining outside the home for more than forty-five (45) days after the appropriate holiday season, old canning jars or canning equipment stacked in boxes in the yard in plain sight, and any other items that attract insects, rodents, vermin, spiders or other pestilence that could pose a safety hazard to the occupants or the neighbors.
(Ord. 2020-1804, passed 11-12-20)
Public nuisances have the potential to create environments which annoy, injure or endanger the comfort, health or safety of the public. Public nuisances potentially hinder neighborhood development and diminish property values. The city desires to promote its neighborhoods, to protect the health, safety and welfare of its neighborhoods, and to ensure that property is maintained in accordance with this property maintenance code and city ordinances. For the purpose of this section, it shall not be essential that the nuisance be created or contributed to by the owner, occupant or persons having control or management of the property or premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware. For the purposes of enforcement, the totality of the circumstances shall be taken into consideration.
(Ord. 2020-1804, passed 11-12-20)
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