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§ 92.01 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AUTOMOBILE COLLECTOR. A person who collects and restores motor vehicles.
(KRS 65.8840(1)(b))
   AUTOMOBILE PARTS. Any portion or parts of any motor-driven vehicle as detached from the vehicle as a whole.
   IMMINENT DANGER. A condition which is likely to cause serious or life-threatening injury or death at any time.
(KRS 65.8840(1)(e))
   INOPERATIVE CONDITION. Unable to move under its own power due to defective or missing parts, and which has remained in that condition for a period of not less than ten consecutive days.
   MOTOR VEHICLE. Any style or type of motor-driven vehicle used for the conveyance of persons or property.
   ORDINARY PUBLIC VIEW. A sight line within normal visual range by a person on a public street or sidewalk adjacent to real property.
(KRS 65.8840(1)(h))
   PARTS CAR. An automobile that is not intended to be operated along streets and roads, but is used to provide parts for the restoration of other automobiles.
(KRS 65.8840(1)(j))
   PUBLIC NUISANCE. Any act, thing, occupation, condition or use of property which shall continue for a length of time as to:
      (1)   Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
      (2)   Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, sidewalk, stream, ditch or drainage; or
      (3)   Essentially interfere with the comfortable enjoyment of life and property or tend to depreciate the value of property of others.
   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 originally intended purpose.
   UNFIT FOR FURTHER USE. In a dangerous condition, having defective or missing parts or in a condition generally as to be unfit for further use as a conveyance.
§ 92.02 COMMON LAW AND STATUTORY NUISANCES.
   In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of the commonwealth as public nuisances may be treated as such and be proceeded against as is provided in this chapter or in accordance with any other provision of law.
Penalty, see § 92.99
§ 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.
   (A)   It shall be unlawful for the owner, occupant or person having control or management of any land within the city to permit a public nuisance to develop thereon.
   (B)   The following conditions are declared to be public nuisances:
      (1)   Dangerous trees or stacks adjoining street. Any tree, stack or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb or property of, or cause hurt, damage or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof;
      (2)   Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents or insects, or blow rubbish into any street, sidewalk or property of another;
      (3)   Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity;
      (4)   Weeds and grass. The excessive growth of weeds, grass or other vegetation. Unless otherwise provided, EXCESSIVE shall mean growth to a height of 12 inches or more;
      (5)   Open wells. The maintenance of any open, uncovered or insecurely covered cistern, cellar, well, pit, excavation or vault situated upon private premises in any open or unfenced lot or place;
      (6)   Trees and shrubbery obstructing streets, sidewalks and drainage. The growing and maintenance of trees or shrubbery which in any way interfere with the use, construction or maintenance of streets or sidewalks, cause injury to streets or sidewalks or constitute an obstruction to drainage;
      (7)   Keeping of animals. The failure to keep an animal’s pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors; and
      (8)   Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts or scrap metal within the city limits except on premises authorized by the city for those purposes.
Penalty, see § 92.99
§ 92.04 ABATEMENT PROCEDURE.
   (A)   Except as provided in division (B) below, it shall be unlawful for the owner, occupant or person having control or management of any premises within a local government to permit a public nuisance, health hazard or source of filth to develop thereon through the accumulation of:
      (1)   Junked or wrecked automobiles, vehicles, machines or other similar scrap or salvage materials, excluding inoperative 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)   Rubbish; or
      (4)   The excessive growth of weeds or grass.
   (B)   The provisions of division (A)(1) above shall not apply to:
      (1)   Junked, wrecked or inoperative automobiles, vehicles, machines or other similar scrap or salvage materials located on the business premises of a:
         (a)   Licensed automotive recycling dealer, as described in KRS 190.010(8);
         (b)   Used motor vehicle dealer, as defined in KRS 190.010(6); or
         (c)   Motor vehicle auction dealer, as defined in KRS 190.010(11).
      (2)   Junked, wrecked or inoperative motor vehicles, including parts cars, stored on private premises by automobile collectors, whether as a hobby or a profession, if these motor vehicles and parts cars are stored out of ordinary public view by means of suitable fencing, trees, shrubbery or other means; and
      (3)   Any motor vehicle, as defined in KRS 281.010, that is owned, controlled, operated, managed or leased by a motor carrier.
   (C)   An 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 injurious to the health or safety of the occupants of the structure, the occupants of neighboring structures or other residents of the local government.
   (D)   A local government may provide by ordinance for the abatement and decontamination of a property where a methamphetamine contamination notice has been posted as provided in KRS 224.1-410. Pursuant to divisions (E) and (F) below, notice and an opportunity to request a hearing shall be afforded to an owner prior to decontamination of the property. A lien for all fees, charges and costs incurred by the local government in the enforcement of an ordinance related to decontaminating a property where a methamphetamine contamination notice has been posted pursuant to KRS 224.1-410 shall be placed on the property pursuant to division (G) below. Notwithstanding divisions (J) and (K) below, the costs of abatement and decontamination of a property where a methamphetamine contamination notice has been posted are recoverable throughout the county.
   (E)   The city may establish by ordinance reasonable standards and procedures for the enforcement of this section. The procedures shall comply with all applicable statutes, administrative regulations or codes. Any ordinance establishing these procedures may be enforced by any means authorized by law. Proper notice shall be given to owners before any action is taken pursuant to this section, and, prior to the decontamination of a property where a methamphetamine contamination notice has been posted pursuant to KRS 224.1-410 or the demolition of any unfit or unsafe structure, the opportunity to request a hearing shall be afforded the owner.
   (F)   Unless imminent danger exists on the subject premises that necessitates immediate action, the local government shall send, within 14 days of a final determination after hearing or waiver of hearing by the owner, a copy of the determination to any lien holder of record of the subject premises by first-class mail with proof of mailing. The lien holder of record may, within 45 days from receipt of that notice, correct the violations cited or elect to pay all civil fines assessed for the violation and all charges and fees incurred by the local government in connection with the enforcement of the ordinance, including abatement costs, as permitted by division (G) below.
   (G)   The city shall have a lien against the property for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. The affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. The lien created shall take precedence over all other liens, except state, county, school board and city taxes, except as provided in division (H) below. The city shall possess the lien for ten years following the date of the final, nonappealable order of a Code Enforcement Board or final judgment of the court. The lien may be enforced by judicial proceeding.
   (H)   The lien provided in division (G) above shall not take precedence or priority over a previously recorded lien if:
      (1)   The city failed to provide the lien holder a copy of the determination in accordance with division (F) above; or
      (2)   The lien holder received a copy of the determination as required by division (F) above, and the lien holder corrected the violations or paid all civil fines assessed for the violation and all charges and fees incurred by the local government in connection with the enforcement of the ordinance, including abatement costs.
   (I)   In addition to the remedy prescribed in division (E) above or any other remedy authorized by law, the owner of a premises upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all civil fines assessed for the violation and all charges, fees and abatement costs incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed. The failure of the city to comply with division (F) above, and the failure of a lien to take precedence over previously filed liens as provided in division (H) above, shall not limit or restrict any remedies that the city has against the owner of the premises.
   (J)   The provisions of divisions (E), (G) and (I) above shall not apply to an owner, occupant or person having control or management of any land located in an unincorporated area if the owner, occupant or person is not the generator of the rubbish or is not dumping or knowingly allowing the dumping of the rubbish and has made reasonable efforts to prevent the dumping of rubbish by other persons onto the premises.
   (K)   The right to request a hearing pursuant to this section shall be limited to a period of 30 days after notice has been placed on the property and has been sent by certified mail return receipt requested.
(KRS 65.8840(3) - (14))
Penalty, see § 92.99
§ 92.05 NUISANCE CREATED BY OTHERS.
   For the purposes of this subchapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant or person having control or management of the premises, but merely that the nuisance is created or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of.
§ 92.06 SUSPENSION OF LICENSE.
   (A)   Whenever it is shown that a nuisance is associated with or caused by the conduct of a business or activity licensed by the city and that the existence of the nuisance presents an immediate threat to the public health, safety or welfare, the City Council may suspend the license of the person or persons conducting the business or activity.
   (B)   The City Clerk shall cause a notice of the suspension to be served personally upon the licensee, or upon any responsible agent of the licensee, at the premises where the licensed business or activity is being conducted. The notice shall clearly inform the licensee of the reason for the suspension, and the conditions that must be met for the suspension to be removed.
   (C)   Upon application of the licensee, and upon a showing that the nuisance has been satisfactorily abated and that any other reasonable conditions set forth in the notice have been met, the City Council may remove the suspension.
§ 92.07 VACANT LOT NUISANCES.
   It shall be unlawful to maintain any vacant lot or other premises within the municipality of the city on which the rubbish is allowed to accumulate, weeds or long grass allowed to grow or any water is allowed to collect and lie stagnant, in which mosquitoes breed, or are likely to breed, and any such premises or vacant lot on which such rubbish, weeds, long grass or stagnant water is allowed to remain is hereby declared a nuisance and dangerous to the health of the people in the city.
(Ord. 23, passed 8-7-1958) Penalty, see § 92.99
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