(A) The City Council does hereby find that it is necessary to provide for the abatement of conditions which are offensive, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, or hazardous or injurious to the health, safety or welfare of the general public in such ways to constitute a public nuisance; and, to provide reasonable standards to safeguard life, health and public welfare in keeping with the character of the city, by and through the general police power of the city granted in KRS 82.082, as well as the authority granted in KRS 65.8840 to prohibit and abate nuisances, for each of the following purposes:
(1) To safeguard the health, safety and welfare of the people by maintaining property or premises in good and appropriate condition; and
(2) To enhance the economic value of the community, and each area in it, through the regulation of the maintenance of property or premises.
(B) Accordingly, the City Council finds and declares that the purpose of this chapter is to:
(1) Reduce the threat to health, safety, welfare, appearance and economic value due to the decline in property condition(s) by lawfully delineating the circumstances under which such condition(s) may be considered illegal and/or require abatement; and further finds that
(2) Allowing abatement of such condition(s) if abatement is in the best interest of the health, safety and welfare of the residents of the city because maximum use and enjoyment of property or premises in proximity to one another depends upon maintenance of those properties or premises at or above the minimum standard.
(C) Definitions. For the purpose of this chapter, the following words and phrases are defined as follows.
"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, may be considered by the Enforcement Officer in determining whether an item has been abandoned:
(a) Present operability and functional utility for its original purpose, or reuse for another legal purpose;
(b) The date of last use;
(c) The extent of any disrepair or damage;
(d) The last time an effort was made to repair or rehabilitate the item;
(e) The status of registration or licensing of the item;
(f) The age and degree of obsolescence;
(g) The cost of rehabilitation or repair of the item versus its market value; and
(h) The nature of the area and location of the item. Items such as furniture, toys, appliances, stoves, refrigerators, freezers, washing machines, dryers, dishwashers, water heaters, television sets and other items not intended for use or storage in an outdoor environment may be considered abandoned if left outside the home in view for over 72 hours.
"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 Enforcement Officer in his/her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.
"CITY." The City of St. Matthews and its authorized Enforcement Officers.
"DISMANTLED." Objects or machinery from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.
"ENFORCEMENT OFFICER." Those persons appointed as Enforcement Officers, or officers of the City of St. Matthews Police Department.
"GARBAGE." Discarded items, abandoned items, accumulation of yard debris, animal and vegetable waste (not including properly enclosed and maintained compost), 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.
"GOOD REPAIR." The external elements of structures which are being maintained in a state of repair that allows those elements to provide the functional use for which they were intended.
"IN VIEW." Any nuisance that can be seen from any public right-of-way.
"INOPERATIVE." Incapable of functioning or producing activity for mechanical, or other reasons, include (where appropriate), lack of current registration and license tag.
"LIENHOLDER." 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.
"NUISANCE." Any public nuisance known at common law or in equity jurisprudence, or any condition defined as a nuisance under this chapter.
"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 tax assessment roll of the county and in addition renter(s), lessee(s) and other occupants residing permanently or temporarily on property.
"PERSON." An individual, partnership, joint venture, corporation association, social club, fraternal organization, trust, estate, receiver or any other entity.
"PREMISES." Any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, parkways and parking strips.
"PROPERTY." Any real property including but not limited to land, lot, or parcel of land, and shall include any alley, sidewalk, parkway or unimproved public easement, or right-of-way abutting such real property, lot or parcel of land.
"SCRAP METAL." Pieces or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, 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 intended purpose, or other compliant new purpose.
"STAGNANT/POLLUTED WATER." Water standing for longer than four days, without proper drainage or disbursement.
"STRUCTURE." Anything constructed, built or planted upon, any edifice or building of any kind, 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, arbors trellises, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas.
"UNFIT FOR FURTHER USE." Any item, object, etc., or any device used to carry out a specific function which has served its usefulness and is more or less 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 be unfit for further use or conveyance.
"WASTE ITEMS." Boxes, bags, plastic, paper, clothing, discarded or unused items, trash, filth, waste material (solid or liquid), litter, rubbish, debris, building materials of any kind (not being utilized for a current lawful ongoing construction project on property) and containers or refuse of any kind (not being utilized for a current lawful ongoing construction project on property) left in view for over 72 hours.
"WEEDS." Unhealthful plant growth such as but not limited to jimson, burdock, ragweed, thistle, cocklebur, kudzu, bamboo, poison ivy or poison oak, or any other growth of a noxious or poisonous kind or any plant growth not intended for aesthetic appeal or other legitimate purpose such as crops, trees, bushes, flowers, ornamental plants. Whether a certain plant or planting is "ornamental" shall be solely determined by any Enforcement Officer designated by the City Council to enforce city ordinances, after consideration as to whether the plants or plantings serve some reasonably discernable and clearly recognizable beautification purpose. Evidence of ornamental characteristics include, but are not limited to: (1) Defined planting boundaries; (2) Evidence that the resident actually cultivates the plants and plantings regularly to provide for a reasonable landscape scheme; (3) Has employed landscape professionals in the planning of the plants or plantings; (4) Can articulate a discernable landscaping scheme for the plants or plantings; and (5) Has spent time or money on the creation and upkeep of the plants or plantings.
"WRECKED." That which has outward manifestation or appearance of damage to parts and contents which are essential to operation.
(Ord. 19-06, passed 11-12-19)