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CITY OF WEST LIBERTY, KENTUCKY

PROPERTY MAINTENANCE CODE

NUISANCES

The following acts and conditions shall constitute a nuisance in any subdivision and on any property that is within the city of West Liberty.  For the purposes of this Property Maintenance Code, the term subdivision shall be defined as any parcel of land that has been subdivided into two or more parcels of land for development purposes.

SECTION ONE: ACTS AND CONDITIONS CONSTITUTING NUISANCES.

Whatever is dangerous to human health, whatever renders the ground, water, air or food a hazard or an injury to human health, and the following specific acts, conditions and things arc, each and all of them, declared nuisances and are prohibited and made unlawful:

1.      Accumulating putrid or putrescent rubbish, garbage, vegetable, animal or fowl refuse which emits odors, or is unsightly or a fire hazard, or is otherwise obnoxious to the general public.

2.      Permitting any private storm sewer or private sanitary sewer to become stopped up, or to be open to the air, or to overflow,

3.      Permitting storm sewers or drains to flow into the sanitary sewer system.

4.    Connecting roof or surface drainage with or permitting it to be fed into the sanitary sewer system.

5.      Collecting and dispensing roof or surface drainage directly onto an adjoining property in a way that may cause damage to that property on which the discharge is directed.

6.      Stopping, impeding or permitting any stoppage or impedance in the flow of water through storm sewers or private sanitary sewers, or diverting the flow of natural drainage water through natural drains, whether through open drainage ditches or enclosed drains. It shall be the duty of all property owners in the city to keep storm sewers, private sanitary sewers and private natural drains on or passing through their property open and in proper operation and to prevent stoppage or interference with proper drainage.

7.      Maintaining or tolerating open cisterns, pools, ponds or similar water containers in which the accumulation of water and filth is allowed to stagnate and to become obnoxious or detrimental to the health and welfare of the community at large.

8.      Outside open toilets where water and sewer facilities are available.


9.   Drainage from outside toilets or cesspools onto the property of other persons, or exposure of such outside toilets to flies and mosquitoes, or permitting the emission of odors which are obnoxious to the contiguous community.

10. Materials used to fill vacant or undeveloped land shall consist of dirt, sand, rock, stone, gravel or similar non organic matter only; materials prohibited for use as fill shall include, but not be limited to: Furniture, solid waste, wood, metal, plastic, glass, rubber or rubber substitute, appliances, debris, and any organic matter whatsoever.

a.       All and any dirt, earth, rock or debris within the city shall be kept and/or transported in such manner that it will not wash, drain, be tracked, spilled, or otherwise caused to enter and be deposited in or upon the streets, sanitary sewers, storm sewers and/or other drainage facilities in the city

b.      Any person who displaces or relocates or causes to be displaced or relocated any dirt, earth, rock or debris, and such displacement or relocation places the dirt, earth or debris in such a manner that it washes, drains or is caused to enter and be deposited in or upon the streets, sanitary sewers, storm sewers and/or other drainage facilities in the city, shall forthwith remove and relocate said dirt, earth, rock or debris to a safe location and shall clean up or cause to be cleaned up any dirt, earth, rock or debris that has washed, drained or entered any street, storm sewer, sanitary sewer or other drainage facility. The provisions of this section apply also to any person, including property owners, building contractors or developers, who directs or permits another person to drive a vehicle onto a building site so as to displace or relocate any dirt, earth, rock or debris in the manner described in this section. Said erosion control shall be carried out by the construction and implementation of a silt fence around such dirt, earth, rock or debris to prevent such matter from washing, draining or being deposited onto any street, storm sewer, sanitary sewer or drainage facility.

c.       When such person as described in subsection (b) hereof fails to forthwith remove and relocate any dirt, earth, rock or debris and to clean up or cause to be cleaned up the dirt, earth or debris as required by subsection (b), the city may proceed to remove and relocate and clean up the dirt, earth, rock or debris. In such case, the city may charge the responsible person with the cost of the removal, relocation and cleanup of the dirt, earth or debris.

d.      Proposed or existing highwalls greater than ten (10) feet in height must be sufficiently fenced as to insure public safety.

11. It shall be unlawful and a nuisance for any person owning, occupying or having control or management of any lawn /yard within the city to permit the excessive growth of weeds or grass. For purposes of this section, excessive growth shall be defined to mean any growth of weeds or grass greater than twelve (12) inches in height.

12. It shall be unlawful and a nuisance for any person to leave, place dump or throw dead leaves, grass or weeds of any kind on the streets, roads or other public places of the city.

13. It shall be unlawful and a nuisance for any person to leave, place, dump or throw trash, tin cans, garbage or refuse of any kind on the streets, roads or other public places of the city. It shall also be unlawful to allow any yard fencing to become broken down and dilapidated.

 

14.  Storage of any stripped, partially dismantled, wrecked, junked or abandoned motor vehicle, or any motor vehicle which cannot be safely operated upon the public ways, and of any other vehicles, machinery or implements, which hereinafter are collectively described as "said personalty", which are visible from a public road, visible from a neighboring residence, or outside of a solid walled and securely locked structure of a height sufficient to conceal said personalty from public view for a period of thirty (30) days or within the city, is hereby declared to be a public nuisance and dangerous to the public health, safety and welfare. Whenever any of said personalty is actively being repaired, the person herein below required to abate the nuisance may, upon written request delivered to the codes enforcement personnel within the first thirty (30) days of the existence of the nuisance, receive an additional thirty (30) days within which to complete the repairs and abate the nuisance. In no event shall such nuisance continue for more than sixty (60) days.

15.  Storage of any equipment, such as but not limited to refrigerators, television sets, cooking ranges, other major appliances or major items of furniture, heating or air conditioning units, and other personal property of any kind which is no longer safely usable for the purpose for which it was manufactured, which hereinafter are collectively described as "said personalty", which are visible from a public road, visible from a neighboring residence or outside of a solid walled and securely locked structure of a height sufficient to conceal said personalty from public view for a period of thirty (30) days or more (except where permitted in connection with a properly zoned and licensed business operating in compliance with all applicable rules and regulations) within the city, is hereby declared to be a public nuisance and dangerous to the public health, safety and welfare. Whenever any of said personalty is actively being repaired, the person herein below required to abate the nuisance may, upon written request delivered to the codes enforcement personnel within the first thirty (30) days of the existence of the nuisance, receive an additional thirty (30) days within which to complete the repairs and abate the nuisance. In no event shall such nuisance continue for more than sixty (60) days.

16.  It shall be unlawful and declared to be a public nuisance and dangerous to the public health, safety and welfare for any person in the city to leave, place, dump or throw any items such as, but not limited to, motor vehicles, recreational vehicles, machinery (motorized or not), implements, equipment, refrigerators, television sets, cooking ranges, other major appliances or major items of furniture, heating or air conditioning units, any other personal property of any kind which is no longer safely usable for the purpose for which it was manufactured, or to plant trees, shrubs, bushes or any other vegetation at an intersection of any public roadway in the city, that causes the line of sight for an approaching vehicle to be blocked when the front of the approaching vehicle is ten (10) feet or less from the intersecting line of the two roadways.

17.  No person, firm or corporation shall abandon for any length of time nor deposit said personalty upon the property of any person, firm or corporation.

18.  It shall be unlawful and declared to be a public nuisance and dangerous to the public health, safety and welfare for any person in the city to leave, place, dump, throw, accumulate, or store more than six (6) tires in an open, outdoor area. This sub-section does not apply to tires that are stored in any building that is enclosed with a roof and four walls or the storage of tires as part of a legitimate business or commercial enterprise.  It shall be unlawful and declared to be a public nuisance and dangerous to the public

   

19.  Storage of any equipment, such as but not limited to refrigerators, television sets, cooking ranges, other major appliances or major items of furniture, heating or air conditioning units, and other personal property of any kind which is no longer safely usable for the purpose for which it was manufactured, which hereinafter are collectively described as "said personalty", which are visible from a public road, visible from a neighboring residence or outside of a solid walled and securely locked structure of a height sufficient to conceal said personalty from public view for a period of thirty (30) days or more (except where permitted in connection with a properly zoned and licensed business operating in compliance with all applicable rules and regulations) within the city, is hereby declared to be a public nuisance and dangerous to the public health, safety and welfare. Whenever any of said personalty is actively being repaired, the person herein below required to abate the nuisance may, upon written request delivered to the codes enforcement personnel within the first thirty (30) days of the existence of the nuisance, receive an additional thirty (30) days within which to complete the repairs and abate the nuisance. In no event shall such nuisance continue for more than sixty (60) days.

20.  It shall be unlawful and declared to be a public nuisance and dangerous to the public health, safety and welfare for any person in the city to leave, place, dump or throw any items such as, but not limited to, motor vehicles, recreational vehicles, machinery (motorized or not), implements, equipment, refrigerators, television sets, cooking ranges, other major appliances or major items of furniture, heating or air conditioning units, any other personal property of any kind which is no longer safely usable for the purpose for which it was manufactured, or to plant trees, shrubs, bushes or any other vegetation at an intersection of any public roadway in the city, that causes the line of sight for an approaching vehicle to be blocked when the front of the approaching vehicle is ten (10) feet or less from the intersecting line of the two roadways.

21.  No person, firm or corporation shall abandon for any length of time nor deposit said personalty upon the property of any person, firm or corporation.

22.  It shall be unlawful and declared to be a public nuisance and dangerous to the public health, safety and welfare for any person in the city to leave, place, dump, throw, accumulate, or store more than six (6) tires in an open, outdoor area. This sub-section does not apply to tires that are stored in any building that is enclosed with a roof and four walls or the storage of tires as part of a legitimate business or commercial enterprise.

23.     It shall be unlawful and declared to be a public nuisance and dangerous to the public health, safety and welfare for any person in the city to allow any building, manufactured house or structure to become in a state of disrepair, structurally unsound, insanitary, dangerous, in danger of collapse or dilapidated so as to be unsafe and/or unfit for human occupancy or habitation.

 

a)      An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu­pants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is likely.

b)      A struc­ture is unfit for human occupancy or habitation is one that is found to be unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks sanitary or heating facilities or other essential equipment, or because the location of the struc­ture constitutes a hazard to the occupants of the structure or to the public.

SECTION TWO: ABATEMENT OF NUISANCES.

1.      The owner, owners, tenants, lessees and/or occupants of any lot or tract of ground within the corporate limits of the city upon which storage, abandonment or deposit is made, and also the owner, owners, and/or lessees of said personalty involved in such storage (all of whom are hereinafter referred to collectively as "owners) shall jointly and severally abate said nuisance by the prompt removal or storage in a suitable enclosure of said personalty.

a. If an owner causes the removal of the personalty of a tenant/lessee and/or occupant to a location in public view, the owner/lessor or any interested party shall post a twelve inch by twenty inch sign at the location which sets out the date and time and states in three inch letters, "This property will be removed and discarded within 72 hours". Any person who removes the personalty after expiration of said seventy-two hour period shall not be liable for the loss or destruction of the goods.

2.      When said owners fail to abate said nuisance or whenever the city is unable to ascertain the identity of the owners of said personalty or of the real estate upon which it is located, then the city shall remove said personalty and dispose of same in the same manner provided in KRS 189.751 for automobiles abandoned upon city roads, and KRS 376.275. Furthermore the city may abate aforesaid nuisances as provided in KRS 381.770.

SECTION THREE: JURISDICTION OF SCOPE OF ARTICLE; ENFORCEMENT.

1.      The existence of any nuisance prescribed in this article shall be a violation of this article if the nuisance exists or continues within West Liberty.

2.      Any law enforcement officer may, upon probable cause as required by law, procure a search warrant for the purpose of going upon private property to determine if such nuisance as hereinabove described exists; and any law enforcement officer or employee of the city or city and any aggrieved citizen or property owner of West Liberty may, upon proper affidavit as required by law, cause to be issued a warrant of arrest for any said owner who may be in violation hereof.

 

SECTION FOUR: PENALTIES

Should the owners allow said nuisance to exist or fail to abate said nuisance or abandon and deposit said personalty on the property of another, then each of them, upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed to have been committed on each day such nuisance is permitted to exist, after the initial thirty (30) day period.

 



 

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Last modified: July 18, 2012