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(A) Nuisances. It shall be unlawful within the city for the owner, occupant, or person having control or management of any premises within local government to permit a public nuisance, health hazard, or source of filth to develop upon their premises through the accumulation of:
(1) Junked or wrecked automobiles, vehicles, machinery or other similar scrap or salvage material, excluding an operative farm equipment;
(2) One or more mobile or manufactured homes as defined in KRS 227.550 that are junked, wrecked, or inoperative and which are not inhabited;
(3) Trash, litter, garbage, refuse, or waste of any kind, or other obnoxious materials, whether solid or liquid;
(4) The excessive growth or weeds or grass has described herein; or
(5) Any other condition which would be a violation of the Kentucky Building Code, the Kentucky State Plumbing Code and/or the International Property Maintenance Code as the same are adopted herein by reference.
(6) Open burning.
(a) All open burning is prohibited during periods of extraordinary forest fire hazard or fire emergency has been determined by the Division of Forestry or the Pikeville Fire Chief.
(b) Subject to the limitations, conditions, or prohibitions contained in this section, and when prohibited by division (A)(6)(a), open burning shall be allowed for:
1. Fires set for the cooking of food for human consumption;
2. Fires set for recreational or ceremonial purposes;
3. Small fires set by construction and other workers for comfort heating purposes if:
a. The ambient temperature is below fifty (50) degrees Fahrenheit;
b. Excessive or unusual smoke is not created;
c. Only clean lumber or vegetative matter is burned; and
d. The fire is burned in a container not exceeding fifty- five (55) gallons in size;
4. Fires set for the purpose of weed abatement, disease, and pest prevention;
5. Fires set for prevention of a fire hazard, including the disposal of dangerous materials if no safe alternative is available;
6. Fires set for the purpose of instruction and training of public and industrial employees in the methods of fighting fires;
7. Fires set for recognized agricultural, silvicultural, range, ecological, and wildlife management practices;
8. Fires set by individual homeowners for burning of leaves;
9. Fires for disposal of household rubbish, which shall not include garbage, originating at dwellings of five (5) family units or less, if the fires are maintained by an occupant of the dwelling at the dwelling;
10. Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products, or other organic materials, and the disposal of absorbent materials used in their removal, if no other economically feasible means of disposal is available and practical. Permission shall be obtained from the Cabinet prior to burning;
11. Fires set for disposal of natural growth for land clearing and maintenance, and trees and tree limbs felled by storms if no extraneous materials, such as tires or heavy oil which tend to produce dense smoke, are used to cause ignition or aid combustion and the burning is done on days when conditions do not pose a threat of igniting a forest fire;
12. Heating ropes that are set on fire to repair steel rails during cold weather; and
13. Fires set by county or municipal governments to dispose of wood waste or clean lumber.
(c) Open burning is prohibited to the extent that it causes inconvenience, annoyance, irritation, bother, or difficulty to other persons or property.
(d) Pursuant to state law it is illegal to burn animal bedding; hay; muck piles; grass clippings; agricultural plastic; barns; trailers; asbestos material; construction debris; renovation debris; shingles; buildings; drywall; animal or vegetable matter; plastic; coated paper products; cans; glass; fenceposts; sawdust; wood mulch; painted, stained or pressure-treated woods; wood chips; wood shavings; chemical containers; insulation; carpet; tires; coated wire; furniture; rubber; used goals; and industrial waste of any type. For a more comprehensive list of items which are illegal to burn, contact the Kentucky Division for Air Quality. Open burning of any materials prohibited under state law is prohibited.
(e) Open burning is prohibited:
1. Within fifty (50) feet of any structure;
2. Near land fills;
3. Near a stream or sinkhole;
4. Under or near utility lines; and
5. On windy days.
(f) No person shall violate KRS 149.370 (acts creating fire hazards in forest); KRS 149.375 (Setting fire on own land); KRS 149.380 (setting fire on land owned by another) or any other law adopted by the Commonwealth of Kentucky related to fire hazards.
(g) Penalties for open burning in violation of this division are set forth in § 92.20. Violators shall be assessed the cost of suppression of fires in violation of this chapter. Manpower hours cost shall be assessed to the violator(s) in the sum of the actual cost thereof including overtime hours and all benefits provided. Equipment cost shall be assessed to the violator(s) in a sum equal to the schedule of equipment rates adopted by the U.S. Department of Homeland Security and FEMA as the same may change from time to time. Violators are entitled to an appeal before the Code Enforcement Board pursuant to the procedures provided for in §§ 92.16(G) and 92.17.
(B) Commercial premise nuisance. It shall be unlawful within the city for the owner, lessee, lessor, occupier or person having control or management of any commercial premises to permit a public nuisance as described in division (A) above. Additionally, a public nuisance on a commercial premises open to the general public shall include but not be limited to failing to maintain proper lighting, parking, directional signage, roadways, roadway surfaces and parking surfaces or permitting any unsafe condition in violation of the Kentucky Building Code, the Kentucky State Plumbing Code and/or the International Property Maintenance Code or the Americans with Disabilities Act (ADA). Violations of this section relating to commercial premises nuisances shall be designated as a “commercial premises nuisance violation.” A commercial premise shall include residential apartment houses, buildings, or complexes consisting of two (2) or more apartments.
(1) All roadways and/or streets not maintained by the City of Pikeville or other governmental agency providing ingress and egress to a commercial establishment open to the public and its parking surfaces therefor shall at all times be maintained in good order free of potholes or other defects which may be fall or trip hazards or are dangerous to vehicular traffic.
(2) All roadways and/or streets not maintained by the city or other governmental agency parking lot for commercial premises shall at all times be regularly inspected no less than on a daily basis for trash, litter, garbage, refuse, obnoxious materials or waste of any kind and when discovered during inspection immediately removed. The city recommends that commercial establishments operating commercial premises designate personnel to be assigned to conduct regular inspection of the commercial premises parking facilities, roadways and streets on no less than a daily basis to remove trash, litter, garbage, refuse, obnoxious materials or waste of any kind and to otherwise look for unsafe conditions warranting remediation.
(3) All roadways and/or streets not maintained by the city or other governmental agency providing ingress and egress to a commercial establishment open to the public and parking lot shall be properly lighted so to provide for the safety and security for pedestrians and vehicular traffic and any lighting in disrepair or not functioning shall immediately be repaired.
(4) All lighted signs upon a commercial premise shall be maintained and fully lighted during times of darkness.
(5) All ADA compliant handicap parking shall be well marked and posted with signs designating handicap parking.
(6) All parking lot striping, marking and other directional markings and signage shall be maintained in good order and state of repair so to be visible to the public.
(7) Trash receptacles shall be placed in convenient location to reduce the likelihood that trash will be discarded next to vehicles or as litter. Trash receptacles are to be regularly emptied and not allowed to be overflowing with trash or other litter.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2018-03, passed 3-12-18; Am. Ord. O-2019-11, passed 4-8-19; Am. Ord. O-2019-13, passed 5-13-19; Am. Ord. O-2020-01, passed 2-24-20)
(A) Any owner shall not permit any structure upon his or her premises to become unfit and unsafe for human habitation, occupancy, or use or to permit conditions to exist on the structure or premises which are dangerous or interest to the health or safety of the occupants of the structure, occupants of the neighboring structure, or other residents of the city. The standards for which all structures within the city must comply and be maintained are the Kentucky Building Code, the Kentucky State Plumbing Code and or the International Property Maintenance Code as the same are adopted herein by reference.
(B) In the event that an owner of any structure upon his premises allows the same to become unfit and unsafe for human habitation, occupancy or use or use or to permit conditions to exist on the structure or premises which are dangerous or interest to the health or safety of the occupants of the structure, occupants of the neighboring structure, or other residents of the city and the owner fails to timely remediate or remove said conditions on the structure after being given notice or citation by the city to do so by the Code Enforcement Officer, the Code Enforcement Officer may issue a “Notice of Demolition” which notice shall require the owner to demolish the structure and returned the existing premises to grade within 90 days. The owner shall have a right to appeal this notice to the Code Enforcement Board has provided for in the city’s ordinance establishing the Code Enforcement Board. If after a final order upholding the notice of demolition the owner fails to demolish the property within the time provided for in the final order, the city shall be entitled to demolish the property and shall have a lien upon the property the cost of doing so has provided for in Pikeville’s ordinance establishing a Code Enforcement Board and liens for violations.
(Ord. 0-2016-14, passed 8-22-16)
(A) Notices to the City of Pikeville Code Enforcement Board or hearing officer shall be given to the Pikeville City Clerk in person or if by mail to the regular maintained address for City Hall.
(B) If to violator;
(1) Property owner. It shall be the duty of all property owners within the city to continuously and properly maintain their correct mailing address with the Pike County P.V.A. Office. The City of Pikeville, Code Enforcement Officer or Code Enforcement Board shall have the right to solely rely upon the address so maintained by the P.V.A. Office although they may also rely on the address where the owner may be found. Notices to the address of the entity or property owner listed with the P.V.A. Office shall be considered notice to all owners who may have an interest in the property. In the event that the property owner submits a request for hearing, the Code Enforcement Board shall also be entitled to serve notices to the property owner at the address provided by the property owner in their request for hearing.
(2) Lessees, tenants and other violators. The city shall give notice to a violator at their known mailing address or by leaving the notice at the person's usual place of residence with an individual residing there in who is 18 years of age or older who is informed of the content of the notice. The city may also be entitled to rely upon the address provided for utility services for the violator within the city. In the event that the violator submits a request for hearing, the Code Enforcement Board shall be entitled to serve notices to the violation at the address provided by the property owner in their request for hearing.
(Ord. 0-2016-14, passed 8-22-16)
It shall be unlawful for any person to interfere with the duties of the Housing Inspector or other city employees as required hereunder or to refuse entry upon any premises or into any structure in which the Housing Inspector or the Environmental Codes Officer is authorized to enter pursuant to this chapter.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. O-2020-15, passed 10-26-20) Penalty, see §
92.99
LANDLORD LICENSING
(A) Every person, individual, firm, owner, corporation, landlord, or combination thereof engaged in the business of leasing or renting of any apartment building, multiple unit, multiple dwelling units, or single-dwelling unit which has a separate power meter and is rented or leased for more than sixty (60) days to the same person or family regardless of whether the initial term is less than sixty (60) days if the term is routinely renewed for more than sixty (60) days, is hereby required to make application to and receive an annual license from the City Tax Department or other city department designated by the City Manager before engaging in the business. The annual license fee shall be the fee set forth in Chapter 115 of this Code of Ordinances. Said applicant shall state their name and address and identify the number of tenants occupying his or her property and the location thereof to include the physical address of each unit. The City Tax Department or other city office designated by the City Manager shall present an updated list of all license holders the first working day of each month and/or will maintain a continuous list to be made available to other city departments as necessary which will be updated on either a monthly or more frequent basis. The City Tax Department or other city office designated by the City Manager shall issue said license if:
(1) The applicant’s property is not in violation of any ordinance of the city as determined by inspections completed in accordance with § 92.36 by both the Housing Inspector and the Environmental Codes Officer or other city official(s) designated by the City Manager;
(2) All city taxes and fees shall be fully paid;
(3) The applicant provides a full legal description of all parcels of property he or she rents;
(4) The applicant shall pay the annual inspection fee for one half of all units for which they have or are requesting a permit prior to issuance of the license excepting those units which the landlord can document as having been inspected by the City of Pikeville under contract by the Pikeville Housing Authority shall not count toward this total. In addition, a credit will be granted for any inspections the city, for whatever reason, failed to complete during the year following the prior renewal;
(5) The initial landlord license application can be submitted at any time and should be completed at least thirty (30) days prior to tenant occupancy in order to allow for sufficient time for the initial inspection to be completed;
(6) The annual renewal will be due on or before January 1 of each year; and
(7) A licensed landlord must acquire a permit for each unit prior to renting that unit even if it falls outside of the annual license renewal schedule. For clarification, it should be noted that the landlord license allows the landlord to conduct business as such, but each unit is considered to have its own permit.
(B) The Tax Administrator or other city employee or department designated by the City Manager is hereby empowered to revoke said license if it is discovered that the applicant has:
(1) Misrepresented himself or herself or the estate of his or her property;
(2) Refused access to premises for inspection as required in § 92.36; or
(3) Unabated violations or more than three (3) repeated violations on a same property in a twelve (12) month period.
(C) (1) Every person, individual, firm, owner, corporation, landlord, or combination thereof engaged in the business of leasing or renting of any apartment building, multiple unit, multiple dwelling units, or single-dwelling unit which has a separate power meter and is rented or leased for more than sixty (60) days to the same person or family regardless of whether the initial term is less than sixty (60) days if the term is routinely renewed for more than sixty (60) days, shall be required to acquire a permit for each rental unit they operate. This will require them to pay the City Tax Office for the required inspection fees for each separate unit they are renting as outlined above prior to receiving the permit. Said permit shall state the landlord’s name, address, contact number and e-mail address if one is available. The permit shall have the physical address for each separate rented or leased unit owned and operated by the landlord. Upon approval of the license and permits, the Tax Administrator shall, as soon as practical, provide a list of permitted rental units, including physical addresses, to the Utility Department and to the Commissioner of Public Safety or other city department designated by the City Manager. This list shall include a designation to indicate which units were inspected under contract by the Pikeville Housing Authority.
(2) The Commissioner of Public Safety or other city employee or department designated by the City Manager is hereby empowered to revoke the permit for any individual unit or property if it is discovered that the applicant has:
(a) Their property is or becomes in violation of any of the ordinances of the city and/or the statutes of the state, federal government or this chapter;
(b) Misrepresented himself or herself or the estate of their property;
(c) Refused access to premises for inspection as required in § 92.36; or
(d) Unbated violations or more than three (3) repeated violations on a same property in a twelve (12) month period.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 0-2010-015, passed 9-27-10; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. 0-2012-021, passed 8-27-12; Am. Ord. 0-2012-025, passed 10-22-12; Am. Ord. O-2018-15, passed 7-23-18; Am. Ord. O-2020-15, passed 10-26-20)
(A) The Commissioner of Public Safety or other city employee designated by the City Manager shall ensure that the Housing Inspector and the Environmental Codes Officer, or other such appropriate public official(s) as the City Commission or City Manager shall designate, shall inspect rental units within the City of Pikeville subject to the following schedule and procedures:
(1) Each unit shall be inspected by the designated inspectors before it is initially occupied by tenants or will be inspected within seven days upon learning that a unit has been occupied prior to receiving an inspection.
(2) The Commissioner of Public Safety or other city employee designated by the City Manager shall select one half of the rental units permitted at the annual landlord license renewal for inspection. These units shall be selected from the list provided by the Tax Administrator and shall not include those units which the landlord documented as having been inspected by the City of Pikeville under contract by the Pikeville Housing Authority. The number of assigned inspections shall equal the number for which the landlord paid at his license renewal and the selection shall be such that all rental units located within the City of Pikeville shall be inspected at least every two years.
(3) The designated inspectors shall inspect the rental units designated by the Commissioner of Public Safety within one year from the issuance of the unit's permit. Documentation of these inspections shall be returned to the Commissioner of Public Safety. Except for those inspections done for the Pikeville Housing Authority, as outlined above, these inspections shall be in addition to any other inspection required by law or herein to which an applicant for license or licenses shall consent, to determine the health and safety conditions of the apartment buildings, multiple dwellings, rooming houses, dwelling or dwelling units, within the city.
(4) The designated inspectors shall also provide documentation of inspections completed for the Pikeville Housing Authority to the Commissioner of Public Safety.
(5) On or before December 15 of each year, the Commissioner of Public Safety shall submit to the Tax Administrator a list of units that have been inspected since their last permit renewal. This list shall include the date of each unit's inspection and identify any units which were scheduled for inspection, but not completed.
(B) For the purpose of making this inspection, the Housing Inspector and, if necessary, the Environmental Codes Officer is hereby authorized to enter, examine, and survey at all reasonable times all apartment buildings, commercial buildings, multiple dwellings, rooming houses, dwellings, or dwelling units. The tenant or person in charge of an apartment building, commercial building, multiple dwelling, rooming house, dwelling, or dwelling unit shall give the Housing Inspector free access only to the leased portion of same or central facility serving same for the purpose of such inspection, examination, and survey. Similar access will be granted to the Environmental Codes Officer to review all exterior grounds and facilities for review of compliance with environmental codes.
(C) The Tax Administrator will assess a twenty-five dollar ($25.00) inspection fee to the property owner for each rental unit to be inspected as part of the landlord license application as outlined above. This fee will be a pre-payment for the initial or annual renewal inspections, depending upon whether this is the initial inspection of the unit or part of the landlord's annual renewal. This fee will also cover the Environmental Codes inspection. If violations occur that cannot be corrected during the initial inspection then the property owner will be assessed a fee of ten dollars ($10.00) for each return visit until which time the Housing Inspector or the Environmental Codes Officer are satisfied that the violation(s) have been corrected.
(D) A tenant may request an inspection of their unit as outlined in division (B) above at any time, but no more than once in any six (6) month period. Upon receipt of this request and payment of the inspection fee being made to the Tax Administrator by the tenant, the Housing Inspector and Environmental Codes Officer shall complete the inspection within thirty (30) days. The landlord will be notified prior to the inspection and both the tenant and the landlord will be notified of the results of the inspection. If violations occur that cannot be corrected during the initial inspection then the property owner will be assessed a fee of ten dollars ($10.00) for each return visit until such time the Housing Inspector or the Environmental Codes Officer are satisfied that the violation(s) have been corrected. This inspection shall not constitute the annual inspection of this unit.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 0-2010-015, passed 9-27-10; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. O-2018-15, passed 7-23-18; Am. Ord. O-2020-15, passed 10-26-20)
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