(A) It is hereby declared to be a public nuisance for any owner (or person in control), of any real or personal property located in the city, to keep, maintain, or utilize such real or personal property in such a manner that any of the following nuisance conditions are found to exist:
(1) Abandoned, dismantled, wrecked, inoperable, unlicensed, or discarded objects, equipment or appliances left outside for more than 72 hours, which are in plain view from a public street, such as, but not limited to vehicles, boats, water heaters, refrigerators, other appliances and household fixtures, furniture not designed for outdoor use, machinery equipment, or containers.
(2) Junk, scrap metal, motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, not having a current registration and license tag, automobile parts, scrap metal or junk, unless completely enclosed within a garage.
(3) Discarded food, garbage, rubbish, refuse, which has not been properly and timely placed in containers for waste collection. Garbage and recycling containers must be securely lidded. The city does not allow "open composting" and all compost bins must have a secure lid.
(4) Lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of 72 hours and visible from a public street, walkway, alley or other public property.
(5) 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.
(6) Receptacles for discarded materials and recyclables which are left in view from the public roadway following the day of the regularly scheduled refuse pick-up for the property; no garbage, yard waste or recycling items shall be placed out for collection in view of a public street more than 24 hours prior to the collection day. The containers for such items must be removed from view of any public street within 24 hours after the day of collection.
(7) With respect to receptacles such as dumpsters and portable storage containers being used for discarded materials or storage in connection with a current lawful ongoing construction project on a particular property within the city; no such receptacles may be placed or left on a city, Louisville Metro, or State of Kentucky right-of-way without first securing a permit from the city.
(8) Swimming pool, pond, spa, other body of water, or excavation that is abandoned, unattended, or empty, that is not fully contained inside a fenced area such that the area is inaccessible to the public, or any attractive nuisance not properly secured from public access, that endangers life, health, or public safety.
(9) Any property or dwelling on a property which detrimentally impacts the surrounding neighborhood as a result of either severe dilapidation, deterioration or decay, or being uninhabited for a period greater than eight weeks and not being secured or being improperly secured.
(10) Permits any structure/residence to become unfit and/or unsafe for human habitation or occupancy, or to permit conditions to exist in the structure which are 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 and operable connection to water, electric/gas, and sewer services. Residents who are in the process of construction, have obtained the necessary permits and are not in violation of division (A)(5) of this section concerning incomplete projects are exempt from this section during the construction.
(11) Permits any weeds, or grass growth, other than crops, trees or ornamental plants or shrubs, to grow to a height exceeding eight inches. It shall be the duty of any owner, operator, agent, or occupant, occupying or controlling real property within the City of St. Matthews to maintain all grass to a maximum height of eight inches and to remove all refuse, weeds, trash, waste and litter from the sidewalks, curbing, to the edge of the pavement of such streets as are adjacent to such property.
(12) Permits any weeds, non-ornamental plants, wild plant or planting, other than the "excluded plantings" (as defined below), over eight inches in height to remain on any premises. For purposes of this section, "excluded plantings" shall mean those non-ornamental wild plants that may be contained on a property bordering a U.S. highway or interstate and that have the distinct purpose(s) of creating or serving as a noise barrier or visible traffic buffering mechanism with respect to such U.S. highway or interstate.
(13) Interference with and/or obstruction of a drainage ditch, device or system to inhibit, alter, or prevent proper storm water drainage patterns; or interference or hindrance of any right-of-way by virtue of any object, or vegetation, that is in violation of chapter 92, or that interferes or hinders the use of a sidewalk, or obstructs the sight lines of any roadway.
(14) Placement of portable storage and/or moving containers (i.e. PODS etc.), on or around any property without a permit from the city.
(15) Permits the accumulation of ashes, leaves, wood, lumber, limbs, twigs and storm debris.
(16) Any tree, stack, or other object standing in such a condition that is likely to, if the conditions continue, endanger life, limb or property, or cause hurt, damage or injury to persons or property by falling thereof or of parts thereof.
(17) Permits the dropping, deposit, or acquiescence 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 including normal yard maintenance material.
(18) Permits any condition to exist that is injurious to the public health. Such as but not limited to:
(a) Unlawful storage of explosives;
(b) Having an uncovered or insecurely covered cellar, well, pit or any excavation situated upon any premises in any open lot or plane that any reasonable or prudent person should realize should be injurious to human health;
(c) The failure to keep an animal's pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors;
(d) Permits the presence of polluted water, or the accumulation of any substance that attracts vermin, rodents, insects, or animals or is otherwise injurious to the public health; and
(e) Permits the unlawful burning of any refuse, garbage, or waste or material of any kind.
(19) Permits any condition to exist that causes a building or grounds not to be in good repair. Such as but not limited to:
(a) Windows, exterior doors, porches, roofs, eaves, foundations, exterior walls, and exterior stairs shall be reasonably watertight, weathertight, bird, animal, rodent-proof and shall be kept in sound condition and good repair;
(b) All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint, or by other protective covering or treatment. Peeling paint is a violation of this section; and
(c) All gutters, shutters, down spouts and any other parts of the exterior of the home shall be maintained in their original condition and be fit for their intended purpose.
(20) Permits the property and premises to be used in a manner that is in violation of any other chapter of the City of St. Matthews Code of Ordinances, the Development Code, the applicable Building Code and Kentucky Revised Statutes.
(Ord. 19-06, passed 11-12-19)