It is hereby declared to be a public nuisance for any owner, or other person in control of said property, or premises, (including a holder of a mortgage, where the home encumbered by such mortgage is deemed by the city as vacant and abandoned and the city has given said mortgage holder notice of the city’s intent to so enforce this chapter, as said notice is set out in KRS 65.8840); to keep or maintain property, premises, or rights-of-way adjacent to said premises, in such a manner which causes, or tends to cause, substantial diminution in value of other properties, or which renders such properties as dangerous, or detrimental, or adverse to the health, or welfare, or offensive to the senses of the residents of the City of Pewee Valley. This includes, but is not limited to, the following conditions, which are hereby declared a nuisance:
(A) Incomplete projects. Any renovation or construction to structures or grounds must be completed through consistent, sustained effort and no such building or grounds under construction or renovation may be allowed to be uncompleted for an unreasonable length of time, given due consideration to the type of project. A period of 120 days without consistent, sustained effort to complete the project shall be an unreasonable length of time, without sufficient, specific, written explanation for said delay.
(B) Any premises which detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration or decay or is unsafe for the purpose for which it is being used or is not secured or is improperly secured.
(C) Permits and excessive growth of weeds, grass or other vegetation. Unless otherwise stated, excessive shall be growth to a height of 12 inches or more.
(D) Permits any structure/residence to become unfit and/or unsafe for human habitation or occupancy, or to permit condition to exist in the structure which is dangerous or injurious to the health or safety of the occupants or the structure, the occupants of neighboring structures, or other residences of the City. All residences within the City shall have a safe, permitted and operable connection to water, electric/gas, and septic or sewer service. Residents who are in the process of construction and are in compliance with section (A) are exempt from this section during the construction.
(E) Permits, or causes, the interference of, filling, or obstruction of a drainage ditch, devices or system as to inhibit, alter, or prevent proper drainage patterns.
(F) Permits the unreasonable accumulation of ashes, leaves, wood, lumber, limbs, twigs, storm debris and/or any residue from the burning of any combustible material; which are not the process of legal and permitted disposal or composing.
(G) Permits manure or compost piles or other material which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease carrying pests, animals or insects. This section shall not apply to farming and nursery operations where the matter is kept over 100 feet from the nearest property line.
(H) Permits any tree, stack, or other object standing in such a condition that is likely to, if the condition is allowed to continue, endanger life, limb or property, or cause hurt, damage or injury to persons or property by falling thereof or of parts thereof.
(I) Permits the dropping, deposit, or acquiesce in the dropping, depositing, scattering of waste material in any manner, in or on any public or private property any material of any kind, not those activities normally associated with yard maintenance, seasonable disposal activities, or composing.
(J) Allows unsanitary material on the premises. It shall be unlawful for any person to keep, or permit another to keep upon any property deleterious or septic material, or polluted water, unless such material is retained in containers or vessels which deny access of humans, flies, inspects, rodents or animal. This section shall not apply to overflowing septic tanks and lateral lines as those items are subject to existing health department regulations or to farming and nursery operations where the matter is keep over 100 feet from the nearest property line.
(K) Permits any condition to exist that is injurious to the public health. Such as but not limited to:
(1) Unlawful storage of explosives;
(2) Having an uncovered or insecurely covered cellar, well, pit or any excavation or situated upon any premises in any open lot that any reasonable or prudent man should realize should be injurious to human health;
(3) The failure to keep an animal’s pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors, or failure to keep an animal’s pen, fence or enclosure maintained so as to prevent such animal from escaping the owner’s property;
(4) Permits the unlawful burning of any refuse, garbage, or waste or material of any kind;
(5) Permits any partially dismantled, wrecks, junked, discarded or otherwise non-operating motor vehicle to machine to remain on any property longer than 15 days; except that this section shall not apply with regard to any vehicle in an enclosed building, or so located upon the premises as to not be readily visible from any public place or form any surrounding private property. This section shall further not apply to a lawfully operated junk yard in the business of sale of part in accordance and with the Zoning Ordinance of Oldham County and with the approval of Planning and Zoning; and
(6) Permits a vehicle to be parked in any way which is a violation of any Pewee Valley parking ordinance (as may be amended from time to time); and any provision of the Oldham County Zoning Code (as may be amended from time to time) or any Oldham County Ordinance (as may be amended from time to time).
(L) Permits any condition to exist that causes a building not to be in reasonably good repair, such as, but not limited to:
(1) Every window; exterior door; basement; porch; roof; eaves; foundation; exterior wall; exterior stairs; shall be reasonably watertight; weathertight; bird, animal, and rodent proof; and shall be kept in sound condition and good repair;
(2) All exterior wood surfaces, other than decay resistant woods, shall be reasonably protected from the elements and decay by paint, which is not lead-based paint, or by other protective covering or treatment; and
(3) All gutters, shutters, down spouts and any other parts of the exterior of the home shall be maintained and be reasonably fit for their intended purpose.
(Ord. 2013-2, passed - -2013)