For this chapter, the following words and phrases shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. In addition to those definitions provided by state codes, local ordinances and case law, the term ABANDONED means and refers to any item, which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether an item has been ABANDONED:
(1) Present operability and functional utility so that the item(s) has ceased to be used for its designated and/or intended purpose;
(2) The nature of the area and location of the item. Items such as furniture, toys, bikes, appliances, stoves, refrigerators, freezers, washing machines, dryers, dishwashers, water heaters, television sets, electronic equipment, plastic containers, and the like left outside the home in view for over 48 hours and not intended for use or storage in an outdoor environment. (Abandoned Vehicles, see Chapter 95)
ABATE. To repair, replace, remove, destroy, or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the Code Enforcement Officer, or other person or employee or group designated by the City Council to enforce city ordinances in their judgment shall determine is necessary in the interest of the general appearance, health, safety, and welfare of the community.
ATTRACTIVE NUISANCE. Any condition, instrument or machine which is unsafe, unprotected and may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any unfenced swimming pools, abandoned wells, shafts,
basements, or excavations; abandoned appliances, and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove hazardous or dangerous to minors. (Swimming Pools, see Chapter 154)
CODE ENFORCEMENT OFFICER. The City Code Enforcement Officer, and, as used herein, any other person, employee, or group designated by the City Council to enforce applicable ordinance(s).
DISMANTLED. That from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.
GARBAGE. The animal and plant waste resulting from the handling, preparation, cooking and consumption of food and similar animal and vegetable refuse whether liquid or solid, or any accumulation of any sour, decaying or putrescent substance, either gas, liquid, or solid.
GARDEN. A cultivated area dedicated to growing vegetables, fruits, annual and perennial plants, ornamental grasses, and ground cover in a well-defined location.
GOOD REPAIR. External and/or decorative structural elements of buildings being maintained in a state of repair, which allows that element to provide the functional and safe use for which it was intended.
GROUND COVER. Low growing plants, mulch or rock/gravel.
ILLEGAL DISPLAY OR STORAGE. Items in view that are not in a lawful four wall with roof enclosure and not intended for seasonal or immediate use on the property where displayed, items partially or fully concealed with a covering violate this section, in-view for over 48 hours.
INOPERATIVE. Incapable of functioning or producing activity for mechanical or other reasons.
INVASIVE PLANT. A plant reproducing outside its native range and/or outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, natural processes, or habitat quality. Also, any plant on the list of invasive species specified by the Kentucky Exotic Pest Plant Council web site (www.se.eppc.org/ky/list.htm).
IN-VIEW. Any nuisance that can be seen from any public view or from any adjacent private property.
LANDSCAPED AREA. The entire parcel less the building footprint, driveway, sidewalks, non-irrigated portions of parking lots, hardscapes such as decks and patios, and other non-porous areas. Water features are included in the calculation of landscaped areas. A LANDSCAPED AREA may include an already existing natural forest area.
LANDSCAPING. Any combination of living plants and non-living landscape material such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials.
LIENHOLDER/REAL PROPERTY OWNER. Any person, as defined in this chapter, who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property.
MANAGED NATURAL LANDSCAPE. A planned, intentional, and maintained planted garden designed to promote ecological goals such as. but not limited to:
(1) Supporting beneficial wildlife like butterflies, bees, and birds;
(2) Managing storm water runoff by rain, bog, or swale gardens;
(3) Preventing erosion;
(4) Reducing pollution caused by synthetic fertilizers, herbicides, insecticides, fungicides, and gas-powered garden equipment.
PERSON. Individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other entity.
PREMISES/PROPERTY. Any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, occupied, or unoccupied.
PUBLIC NUISANCE. Any nuisance known at common law or in equity jurisprudence, or any condition defined as a public nuisance under this chapter, and which essentially interferes with the comfortable enjoyment of life and the property of others. A PUBLIC NUISANCE occurs when a right that the public shares undergo unreasonable interference.
RESIDENT. Any person over the age of 18 who lives part or full time at the residence where the violation is alleged to have occurred in the city.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior or other packing materials, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, plastic, dust, and other similar materials.
SCRAP METAL. Pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
SHRUBS OR BUSHES. Any low, multiple-stemmed, woody vegetation.
STAGNANT/POLLUTED WATER. Standing water for longer than four days, without proper drainage or disbursement.
STRUCTURE. Anything constructed, built or planted upon, any edifice or building of any kind, object d'art, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas.
TREE. A woody perennial usually having one dominant trunk and a mature height greater than five meters (16 feet) as defined by the International Society of Arboriculture (ISA). (Trees, see Chapter 97).
TURFGRASS. Continuous plant coverage consisting of a grass species that is mowed to the established height.
UNFIT FOR FURTHER USE. Any household item, object, vehicle, or any device used to carry out a specific function which has served its usefulness (or is no longer being used) and is in its original form and can no longer be used for its originally intended purpose or having defective or missing parts or in such a condition generally as to the unfit for further use or conveyance.
VEHICLE OWNER. The registered owner of a vehicle, the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the county, renter(s), lessor(s), and other occupants residing permanently or temporarily on property. (Abandoned Vehicles, see Chapter 95).
WASTE. Discarded or unused items, boxes, bags, plastic, paper, clothing, trash, filth, litter, rubbish, debris, building materials of any kind not being utilized for a current lawful ongoing construction project on-site, refuse of any kind left in view for over 48 hours.
WEEDS. Plant growth such as but not limited to jimson, burdock, ragweed, thistle, cocklebur, or any other growth of a like kind or any plant growth not intended for aesthetic appeal or other legitimate purpose, such as crops, trees, shrubs, flowers, or ornamental plants. Whether a certain plant or plant is a WEED or ornamental shall be solely determined by the Code Enforcement Officer, after consideration as to whether the plant and planting, taken as a whole, evidences some reasonably discernable and clearly recognizable beautification purpose.
WRECKED. That which has outward manifestation or appearance of damage to parts and contents, which may or may not be essential to operation.
(Am. Ord. 448-2005, passed 3-31-05; Am. Ord. 536-2014, passed 7-21-14; Am. Ord. 632-2023, passed 12-18-23)