CITY OF ST. REGIS PARK
ORDINANCE 3, SERIES 2013-2014
AN ORDINANCE REPEALING AND REPLACING CERTAIN SECTIONS
OF THE CODIFIED ORDINANCES CONCERNING THE RESTRICTION AND ABATEMENT OF NUISANCE CONDITIONS
WHEREAS, the Council of the City of St. Regis Park is concerned about the property values in the City as well as the public health and safety of its citizens and the enforcement of City ordinances,
AND WHEREAS, the City desires to revise and modernize the City ordinances dealing with prohibiting nuisance conditions and thereby establishing a more detailed and definitive mechanism to promote the public health and safety by prohibiting nuisances, under the authority of KRS 381.770,
NOW THEREFORE, be it ordained by the City of St. Regis Park that Sections 92.03; 92.04; and 92.99 of the City of St. Regis Park Codified Ordinances, be and hereby are repealed and replaced as follows:
SECTION 1: PROPERTY MAINTENANCE STANDARDS
1.1 It is hereby declared to be a public nuisance for any property owner (or other person in control of said property) to keep or maintain property, premises, or rights-of-way adjacent to said premises, in such a manner which causes, or tends to cause, substantial diminution in value of other properties, or which renders such properties as dangerous, or detrimental, or adverse to the health, or welfare, or offensive to the senses of the residents of the City of St. Regis Park. This includes, but is not limited to, the following conditions, which are hereby declared a nuisance:
(a) Grass. All grass within the City limits shall be limited to nine inches in height. All curbs shall be maintained to prohibit any grass from growing over the curb.
(b) Walkway obstruction. All owners of property abutting a sidewalk shall maintain an unobstructed walkway of at least eight feet in height. Branches or trees and shrubs shall not encroach upon any sidewalk, sidewalk height restriction, nor the 13 feet, six inch vertical clearance required above any roadway.
(c) Non-ornamental vegetation. Unhealthful and non-ornamental plant growth is not allowed, such as but not limited to jimson, burdock, ragweed, thistle, cocklebur; or any other growth (or volunteer overgrowth) of a like kind, not intended for ornamental aesthetic appeal, or other legitimate purpose. Legitimate purpose is defined as crops, trees, bushes, flowers, ornamental plants.
(d) 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.
(e) Any premises which detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration or decay or is unsafe for the purpose for which it is being used or is not secured or is improperly secured.
(f) Permits any structure/residence to become unfit and/or unsafe for human habitation or occupancy, or to permit a condition to exist in the structure which is 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 and are in compliance with Section (d) are exempt from this section during the construction.
(g) Permits or causes the interface with any obstruction of a drainage ditch, device or system as to inhibit, alter, or prevent proper drainage patterns.
(h) Permits the accumulation of ashes, leaves, wood, lumber, limbs, twigs, storm debris and/or any residue from the burning of any combustible material.
(i) Any tree, stack, or other object standing in such a condition that is likely to, if the condition is allowed to continue, endanger life, limb or property, or cause hurt, damage or injury to persons or property by falling thereof or of parts thereof.
(j) Permits the dropping, deposit, or acquiesce 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.
(k) Junk, scrap metal, motor vehicles. The storage (unless enclosed within a garage) of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, scrap metal or junk.
(l) Permits any condition to exist that is injurious to the public health. Such as but not limited to:
(1) Unlawful storage of explosives.
(2) 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 man should realize should be injurious to human health.
(3) The failure to keep an animal’s pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors.
(4) 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.
(5) Permits the unlawful burning of any refuse, garbage, or waste or material of any kind.
(6) Play and/or recreational structures or equipment, including, but not limited to, tents, swing sets, or other play or recreational structure or equipment may only be placed behind the front wall of the primary residential structure on any lot.
(m) Permits any condition to exist that causes a building or grounds not to be in good repair. Such as but not limited to:
(1) Every window; exterior door; basement; porch; roof; eaves; foundation; exterior wall; exterior stairs; shall be reasonably watertight; weathertight; bird, animal, and rodent proof; and shall be kept in sound condition and good repair.
(2) All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint, which is not lead-based paint, or by other protective covering or treatment. Any peeling paint is a violation of this section.
(3) All gutters, shutters, down spouts and any other parts of the exterior of the home shall be maintained in operable condition and be fit for their intended purpose.
SECTION 2: RESPONSIBILITY FOR PROPERTY MAINTENANCE
2.1 The owner or resident of any property within the City shall be responsible for the maintenance of
property and premises in a manner consistent with the provisions of this Chapter and the Code of the
City of St. Regis Park, Metro Louisville Ordinances, Land Development Code, Kentucky
Revised Statutes and the Kentucky Building Code.
2.2 Enforcement of this Chapter may be accomplished by the person or employee as may be designated by the City Council to enforce City ordinances in any manner authorized by this Chapter or by any other law, including but not limited to issuance of criminal citations, civil actions and abatement.
2.3 Abatement of public nuisances:
(a) Non-exclusive authority to abate. The City may choose to abate any public nuisance or violation of the City Code through any of the abatement methods set forth in the City Code or in other local, state or federal law, and nothing contained in this Chapter shall be construed as limiting, prejudicing, or adversely affecting the City’s ability to concurrently or consecutively use any of those proceedings as the City may deem are applicable. Proceeding under this Section will not preclude the City from proceeding under other Sections of this Chapter. Whenever the person or employee as may be designated by the City Council to enforce City ordinances determines that any condition exists in violation of the provisions of this Chapter, he/she may take enforcement action pursuant to this Section.
SECTION 3: ENFORCEMENT
3.1 Criminal or Civil Penalty. Pursuant to the City’s prosecutorial discretion, the City may enforce
violations of the provisions of this Chapter as criminal, civil or abatement actions.
(a) Misdemeanor. Any person who is violating any of the provisions of this Chapter shall be guilty of a misdemeanor. Each and every day, during which any such offence is committed, continued or allowed shall be a separate offense.
(b) Each and every offence under this Chapter is punishable by:
(1) A fine not exceeding one hundred dollars ($100.00) for the first offence;
(2) A fine not exceeding five hundred dollars ($500.00) for the second offence of the same or similar provision within one year period; or,
(3) A fine no less than one thousand dollars ($1,000.00) for each additional offence, after the second, of the same or similar provision of this Chapter within a one year period of the first offence.
3.2 Enforcement Procedures and Notice
(a) The City hereby establishes the standards and procedures for the enforcement of this ordinance under KRS 381.770 as follows:
(1) Whenever such a situation is discovered, the City person or employee as may be designated by the City Council to enforce City ordinances shall give five (5) days written notice to any one or more or all: the owner, operator, agent, occupant or person having control or management of the property to remedy such situation.
(2) The notice shall be served upon the responsible person as stated above, by mail, or by personal service. If by mail, it shall be addressed to the last known address of the owner of the said property, as it appears on the current tax assessment roll. The failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of notice of a hearing or order pursuant to this Chapter shall be conclusively deemed to be adequate notice to any and all occupants, users or possessors of the property or its contents, and the failure of any such occupant, user or possessor to see, read, understand or otherwise receive the notice shall not invalidate any of the proceedings. Upon the failure to the owner of the property to comply, the City is authorized to send employees or persons hired by the City upon said property to remedy the situation.
(b) The City shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The Affidavit of the person or employee as may be designated by the City Council to enforce City ordinances, shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance and KRS 381.770, and shall be recorded in the Office of the Jefferson County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid at the rate of 1.5% per month, compounded monthly, and may be enforced by judicial proceedings.
(c) In addition to the remedy prescribed in the previous sections of this ordinance or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and 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.
SECTION 4: APPEALS
4.1 Any action taken by the person or employee as may be designated by the City Council to enforce City ordinances may be appealed to the City Council by any person cited hereunder. Such appeal must be in writing, stating with specificity the grounds of the appeal and it must be filed with the City Clerk within the same time allowed for abatement (without extension). The grounds for the appeal shall be stated in such appeal in detail. Such appeal shall be heard by the City Council within 60 days of it being filed with the City Clerk. While such appeal is pending, the abatement notice shall be held in abeyance.
SECTION 5: SEVERABILITY
5.1 If any provision, clause, sentence, paragraph, or phrase of this Ordinance or the application thereof
to any person or circumstances is held, for any reason by a court of competent jurisdiction, to be invalid or unconstitutional, such decision shall not affect the validity of other provisions or applications of the provisions of this Ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared to be severable. The City Council of the City of St. Regis Park declares that it would have passed this Ordinance, and every section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases were to be held invalid or unconstitutional by such court.
This ordinance was unanimously adopted by the City Council of St. Regis Park by roll call vote at its regular monthly meeting on September 3, 2013, the ordinance taking effect immediately upon its adoption, passage and publication.