(A) Means of appeal. In that a Code Enforcement Board has been established for the city, the appropriate sections of the International Property Maintenance Code dealing with means of appeal is deleted in its entirety, and that section shall henceforth read as follows.
(1) Correction time. The International Property Maintenance Code is amended to provide that any request for additional time to come into compliance shall be made by written application to the code official within the time allowed in the correction order. The city may extend the correction time, in its sole discretion, if it determines that the correction time is not reasonable given the facts of a particular violation. It shall be the duty of the violator to notify the city that additional time is needed and to provide justification why the correction time is inadequate.
(2) Appeals. The International Property Maintenance Code is amended to provide that all appeals of a citation issued by the code official shall be made pursuant to the requirements hereinbelow.
(B) Problem structures. In that there is a need to establish a period of time a problem structure may remain standing, the appropriate section of the International Property Maintenance Code dealing with unsafe structures and equipment is amended to add the following.
(1) A PROBLEM STRUCTURE is defined as a building or other structure that poses a nuisance or danger to the public, Police Department or Fire Department and includes, but is not limited to, the definition in the International Property Maintenance Code as well as the following:
(a) A building whose interior or exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of the base;
(b) A building, exclusive of the foundation, that shows 33% or more damage or deterioration to its supporting members or 50% or more damage or deterioration to its non-supporting members or to the enclosing, outside walls or coverings;
(c) A building having improperly distributed loads on the floors, or roofs, or in which same are overloaded or have insufficient strength to be reasonably safe to occupants or to the public;
(d) A building damaged by fire, wind or other causes so as to cause the building to become dangerous to life, limb or property of the occupants or to the public;
(e) A building that has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that is unfit for human habitation or is likely to cause sickness or disease or injury to health, safety or general welfare of those living therein;
(f) A building having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;
(g) A building having inadequate facilities for egress in case of fire or other events, or having insufficient stairways, fire escapes or other means or travel;
(h) A building that has parts or elements that are attached or not attached in such a way that they may fall and cause injury to persons or property;
(i) A building characterized by disconnected utilities, extensive broken glass, peeling or flaking paint on the exterior walls, loose or rotting materials on the roof or the exterior walls; or
(j) Any vacant building or structure not secured from entry or the elements.
(2) When a problem structure, not in danger of structural collapse, has been closed and secured from entry and the elements by the property owner and the structure continues to remain closed and secured from entry and the elements by approved methods it may remain standing in a safe condition for a period not to exceed 90 days from the date of the fire, or date of damage from other means, at which time an application must have been made for a building permit to repair or for a demolition permit.
(3) Failure of the property owner to keep the structure closed and secured from entry and the elements or to obtain the required permit in the specified time shall constitute permission to an official, employee or other authorized agent of the city to enter upon the property to remedy the situation and to abate the nuisance by demolition and removal of the problem structure.
(C) Motor vehicles. The appropriate section of the International Property Maintenance Code dealing with motor vehicles is amended to read as follows.
(1) No inoperative or unlicensed motor vehicle, whether repairable or not, shall be parked, kept or stored on any public right-of-way. No inoperative or unlicensed motor vehicle, whether repairable or not, shall be parked, kept or stored on any private premises longer than three calendar days unless contained within an approved enclosed building. No vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being shipped or dismantled unless contained within an approved enclosed building. A motor vehicle is covered by this section if it does not have lawfully affixed thereto an unexpired license. A motor vehicle is also covered by this section if it is inoperative and remains in an inoperative condition for more than three calendar days, whether or not it is repairable, or whether or not it has an unexpired license. This provision shall not apply to vehicles which are the subject of settlement negotiations or pending litigation and for which has documentation of such negotiation or litigation or vehicles as described in division (C)(5) below.
(2) This section shall not apply to business-zoned property where two inoperable vehicles may be located or to industrial-zoned property which must comply with other ordinances of the city and the laws of the commonwealth.
(3) This section shall not apply to a historic motor vehicle registered and licensed pursuant to KRS 186.043, unless it is inoperative and remains in an inoperative condition for more than three calendar days and is not contained within an approved, enclosed building.
(4) A vehicle of any type shall not be permitted to undergo painting and major overhaul, including body work, unless such work is performed inside a building designed, zoned and approved for such purposes. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
(5) A motor vehicle marked and intended for use in a racing occupation or hobby shall only be permitted if the area immediately surrounding the vehicle is properly maintained and free of all debris. A racing motor vehicle shall not be permitted to undergo major overhaul, including body work, unless such work is performed inside a building designed, zoned and approved for such purposes.
(Ord. 682, passed 5-12-2009) Penalty, see § 91.99