Eminence Kentucky-Ordinances (Maintenance)

CHAPTER 151: MAINTENANCE OF STRUCTURES AND REAL ESTATE

Section

151.01 Purpose
151.02 Definition
151.03 Responsibility of owner
151.04 Compliance
151.05 Sanitary facilities required; location
151.06 Hot and cold water supply
151.07 Heating facilities
151.08 Cooking and heating equipment
151.09 Garbage disposal facilities
151.10 Exterior and interior of residential and commercial structures
151.11 Sanitation requirements
151.12 Rooming houses
151.13 Enforcement official
151.14 Complaint procedure

151.99 Penalty

§ 151.01 PURPOSE.

    This chapter is intended to and shall supersede all prior ordinances inconsistent herewith to the extent of said inconsistency. The standards set forth in this chapter shall be considered minimum standards for the maintenance of certain structures and real estate within the city limits. This chapter shall be enforceable against the owner or owners, occupants and all persons claiming interest in structures and/or real estate within the city.
(Ord. 94-012. passed 9-12-94)
    Editor's note:
        Ordinance 94-012 expressly repealed Ordinances 91-003 and 92-007.

§ 151.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. Any vehicle which remains unlicensed for a period of 90 days.

PERSON. Any individual person, persons, firm. corporation or other legal entity.

ROOMING HOUSE. A residential structure wherein persons rent rooms for residential occupancy and the persons residing in separate rental rooms or suites shall share common faculties such as bathroom or kitchen areas.

STRUCTURE/BUILDING COMMERCIAL. The same as business.

STRUCTURE UNFIT FOR HABITATION. All buildings or structures within the city which are found to be dangerous or injurious to the health, safety, and morals of the occupants of the structure, the occupants of neighboring structures, or other residents of the city shall be deemed unfit for human habitation, occupancy, or use. Any structure not in compliance with the provisions of this chapter is deemed unfit for habitation.

VACANT. Shall refer to a structure or real estate left unoccupied for a period of six months.
(Ord. 94-012, passed 9-12-94)

§ 151.03 RESPONSIBILITY OF OWNER.

(A) It is the responsibility of the owner of each parcel of real estate in the city to maintain any sidewalk existing upon the perimeter of the real estate or adjacent to the perimeter of the real estate or upon the owner's real estate. Maintenance shall be at the expense of the owner. However, the city may, where it deems it in the best interest of the community, expend public funds for the improvement of sidewalks which are publicly traveled. Although the city may from time to time expend funds for repair of certain sidewalks which are frequently used as public ways, maintenance is entirely the responsibility of the real estate owner to the extent of the sidewalk upon the owner's property or upon the perimeter of the owner's property or adjacent to the perimeter of the owner's property. Maintenance of any sidewalk, whether upon the owner's property, upon the perimeter of the owner's property or adjacent to the perimeter of the owner's property shall be maintained to the following minimum standards:

(1) No broken glass, litter, or debris shall be allowed to accumulate on any sidewalks.

(2) No vegetation shall be allowed to grow through the cracks in any sidewalk or grow over any sidewalk; nor shall dirt be permitted to wash upon and accumulate over said sidewalk.

(3) No holes or depressions shall be permitted to exist in any sidewalk in excess of one-half inch in depth.

(4) No blacktop driveway shall be constructed so as to overlap or cover any sidewalk or portion thereof which parallels a public roadway.

(B) Notwithstanding any contrary provision herein, no owner of real estate upon which stands an owner-occupied dwelling shall be required to comply with divisions (A (l),(2) or (3) except as they apply to sidewalks upon or adjacent to the perimeter of the real estate.
(Ord, 94-012. passed 9-12-94)

§ 151.04 COMPLIANCE.

The terms of this chapter shall be applicable to and enforceable upon the following persons: owners and occupants of all commercial structures and/or real estate, owners and/or occupants of all rental structures and/or real estate, the owners of any vacant structure and/or real estate whether a commercial structure, an undeveloped lot or a dwelling structure. This chapter shall not apply to owner occupied dwellings or the real estate upon which they are built except as is expressly set forth herein. No person shall occupy, let, or sublet to another for occupancy any dwelling, dwelling unit, commercial structure or other property nor shall any vacant structure be permitted to exist which does not comply with the requirements of this chapter.
(Ord. 94-012, passed 9-12-94)

§ 151.05 SANITARY FACILITIES REQUIRED; LOCATION.

Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet in good working condition and properly connected to an approved water and sewer or septic system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.
(Ord. 94-012. passed 9-12-94)

§ 151.06 HOT AND COLD WATER SUPPLY.

Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved distribution system connected to a potable water supply.
(Ord. 94-012. passed 9-12-94)

§ 151.07 HEATING FACILITIES.

(A) Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working condition and capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least TOT. at a distance three (3) feet above floor level, under ordinary winter conditions.

(B) Unvented LP and natural gas burning heaters shall be prohibited. This subsection shall additionally apply to owner occupied dwellings.
(Ord. 94-012, passed 9-12-94)

§ 151.08 COOKING AND HEATING EQUIPMENT.

All cooking and heating equipment and facilities shall be installed in accordance with the state building, mechanical, gas, or electrical code and shall be maintained in a safe and good working condition.
(Ord. 94-012. passed 9-12-94)

§ 151.09 GARBAGE DISPOSAL FACILITIES.

Every structure (including owner occupied dwelling) shall be provided with adequate garbage disposal facilities or garbage storage containers with lids.
(Ord. 94-012, passed 9-12-94)

§ 151.10 EXTERIOR AND INTERIOR OF RESIDENTIAL AND COMMERCIAL STRUCTURES.

(A) Foundation. The building foundation system shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon.

(B) Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material shall be kept in good repair.

(C) Roofs. Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building.

(D) Means of egress. All new construction of any structure within the city shall be provided with safe unobstructed means of egress with minimum ceiling height of seven (7) feet leading to a safe and open space at ground level. Stairs shall have a minimum headroom of six feet eight inches (6'8").

(E) Stairs, porches, and appurtenances. Every inside and outside stair, porch and any appurtenances thereto shall be safe to use and capable of supporting the load of normal use and shall be kept in sound condition and good repair.

(F) Protective railings. Protective railings shall be required on any unenclosed structure over thirty (30) inches from the ground level or on any steps containing four (4) rises or more.

(G) Windows and doors. Every window, exterior door, and basement or cellar door and hatchway shall be substantially weathertight, watertight, and rodent-proof; and shall be kept in sound working condition and good repair.

(H) Every window sash shall be fully supplied with secure glass window panes or an approved substitute which are without open cracks or holes.

(I) Hardware. Every exterior door shall be provided with proper hardware and maintained in good condition.

(J) Door frames. Every exterior door shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the building.

(K) Screens. Every door opening directly from a dwelling unit to outdoor space shall have screen doors with a self-closing device and every window or other device with opening to outdoor space, used or intended to be used for ventilation, shall likewise have screens. This division (K) shall apply only to rental dwelling units.

(L) Protective treatment. All exterior wood surface, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.

(M) Accessory structures. Garages, storage buildings and other accessory structures shall be maintained and kept in good repair and sound structural condition.

(N) Interior floor, walls, and ceiling.

(1) Every floor, interior wall, and ceiling shall be substantially rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereupon.

(2) Every toilet, bathroom, and kitchen floor surface shall be constructed and maintained to be substantially impervious to water and to permit the floor to be easily kept in a clean and sanitary condition.

(O) Structural supports. Every structural element of the structure shall be maintained structurally sound and show no evidence of deterioration which would render them incapable of carrying loads which normal use may cause to be placed thereon.

(P) Protective railings for interior stairs. Interior stairs and stairwells more than four (4) risers high shall have handrails. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition.

(Q) Second floor exit requirements. Any occupied floor above ground level shall be provided with a minimum of two (2) safe and accessible exits to ground level.

(R) All structures shall be provided with a minimum of one (1) smoke alarm per floor and in the case of apartment units, there shall be at least one smoke alarm per floor for each occupied apartment unit. All smoke alarms shall be provided with good batteries and shall be fully operational.
(Ord. 94-012, passed 9-12-94)

§ 151.11 SANITATION REQUIREMENTS.

(A) Sanitation. Every owner of a multiple unit dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof.

(B) Cleanliness. Every occupant of any structure or real estate shall keep in a clean and sanitary condition that part of the structure and/or real estate which he occupies or which is provided for his particular use.

(C) Garbage disposal. Every occupant of a dwelling, dwelling unit or business structure shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. This division (C) shall specifically also apply to owner occupied dwellings.

(D) Care of premises. It shall be unlawful for the owner or occupant of a residential structure, or real estate to utilize the premises of the residential real estate for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish, or similar items. It shall be the duty and responsibility of every owner and occupant to keep the premises of the residential real estate clean and to remove from the premises all abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, and the like, upon notice from the appropriate city official. Grass and weeds shall not be allowed to grow to a height in excess of eight (8) inches. This provision will specifically apply also to owner occupied dwellings. Notwithstanding any provision herein to the contrary, it shall be permissible to have upon real estate one abandoned vehicle per parcel of real estate so long as said vehicle is properly covered with a form fitting cover. Additionally, any person being out of compliance with this section because of having abandoned vehicles thereon shall have a period of ninety (90) days from the date they are given notice of noncompliance to come into compliance.

(E) Use and operation of supplied plumbing fixtures. Every occupant of any rental residential structure or business structure shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
(Ord. 94-012. passed 9-12-94)

§151.12 ROOMING HOUSES.

No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provision of every section of this chapter.

(A) License required. No person shall operate a rooming house unless he holds a valid rooming house license.

(B) Water closet, lavatory, and bath facilities.

(1) At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever those facilities are shared.

(2) All facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing those facilities.

(D) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof.

(E) Exit requirement. Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level.

(F) Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

(G) Second floor exit requirements. Any occupied floor above or below ground level shall be provided with a minimum of two (2) safe and accessible exits to ground level.

(H) All structures shall be provided with a minimum of one (1) smoke alarm per floor and in the case of apartment units, there shall be at least one alarm per floor for each occupied apartment unit. All smoke alarms shall be provided with good working batteries and shall be fully operational.
(Ord. 94-012, passed 9-12-94)

§ 151.13 ENFORCEMENT OFFICIAL.

(A) The office of Enforcement Official is hereby established.

(B) An Enforcement Official shall be appointed by the Mayor to exercise any powers as are necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:

(1) To investigate the structural conditions in the city in order to determine which structures therein are unfit for human habitation, occupancy, or use;

(2) To administer oaths, affirmations, examine witnesses, and receive evidence;

(3) The Enforcement Official shall enforce the provisions of this chapter and he or his duly authorized representative, upon presentation of proper identification to the owner, agent, or tenant in charge of that property, may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage in which case the above limitations shall not apply. Provided however there shall not be authorized any entry into any owner occupied dwelling except for inspections for violations of § 151.08(B).

(4) The Enforcement Official shall make or cause to be made inspections to determine the condition of residential and business buildings and premises in the interest of safeguarding the health and safety of the occupants of those buildings and of the general public. For the purpose of making inspections, the Enforcement Official, or his agent, is authorized to enter, examine, and survey at all reasonable times all residential and business buildings and premises. The owner or occupant of every residential or business building or the person in charge thereof shall give the Enforcement Official free access to the building and its premises, at all reasonable times for the purpose of inspections, examination, and survey.

(5) To appoint and fix the duties of any offices, agents, and employees as he deems necessary to carry out the purposes of this chapter; and

(6) To delegate any of his functions and power under the ordinances to those officers and agents as he designates.
(Ord. 94-012. passed 9-12-94)

§ 151.14 COMPLAINT PROCEDURE.

(A) The following complaint procedure shall be followed:

(1) Whenever a petition is filed with the Enforcement Official by a public authority (Mayor, Councilmember, Fire Chief, Police Officer) or by at least three (3) residents of the city charging that any structure or real estate is in violation of this chapter, or whenever it appears to the Enforcement Official that any structure or real estate is in violation of this chapter the Enforcement Official shall, if preliminary investigation discloses a basis for those allegations, issue and cause to be served upon the owner and any other parties interested in that structure or real estate a letter stating specifically what conditions exist which are believed to violate this chapter.

(2) (a) The letter shall state that the owner and any other parties interested in the structure or real estate shall have a period fixed by the enforcement officer at not less than ten (10) nor more than thirty (30) days to remedy the conditions existing to the structure or real estate which cause the structure or real estate to be in violation of this chapter and that failing a remedy of the circumstances, the Enforcement Official shall cause to be filed a complaint with the Henry County District Court citing the owner and/or those parties interested in the structure or real estate to be in violation of this chapter. An agreement may be entered into extending the time for remedy of the violative conditions where deemed appropriate by the enforcement officer. The letter may set a date and time for the owner of the structure or interested part to appear for a pre-citation conference at the city hall. Attendance shall be voluntary. However, failure to attend may result in immediate citation for existing violations.

(b) If, after citation and opportunity for all parties to be heard, the Henry District Court determines that the structure or real estate under consideration is in violation of this chapter, the Court shall state in writing the findings of fact in support of the determination and shall enter an order requiring the owner, within a time specified by the court, to repair, alter, or improve the structure or real estate to render it in conformity with this chapter or, at the option of the owner, to vacate, demolish, and remove the structure.

1. If the owner fails to comply with a court order to repair, alter, or improve or correct any deficiency under this chapter, or, at the option of the owner, to vacate, demolish and remove the structure, the Enforcement Official may with the approval of City Council and the Henry District Court, cause the structure or real estate to be brought into compliance herewith. The Enforcement Official may cause to be posted on the main entrance of any structure so closed, a placard with the following words: "This building is unfit for human habitation, occupancy, or use; the use or occupation of this building for human habitation, occupancy, or use, is prohibited and unlawful."

2. If the owner fails to comply with a court order to remove or demolish the structure the Enforcement Official may, with approval of the City Council and the Henry District Court cause that structure to be removed or demolished.

3. The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition shall be a lien upon the real property upon which cost was incurred. If the structure is removed or demolished by the Enforcement Official, he shall sell the materials of the structure and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the district court by the Enforcement Official, shall be secured in a manner as may be directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.

4. When the District Court has found any structure in violation of this chapter, the District Court may order the structure or real estate vacated. The District Court may enter an order of eviction directing the Sheriff to remove the occupants and their belongings from the structure.

5. Complaints or citations pursuant to this chapter shall be served upon persons either personally or by certified mail; however, if the whereabouts of the person is unknown and cannot be ascertained in the exercise of reasonable diligence, or the person is so conducting himself as to avoid service personally or by certified mail, and the Enforcement Official makes an affidavit to the effect, service of the complaint or order shall be by newspaper publication for three (3) consecutive weeks pursuant to KRS Chapter 424. A copy of the complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order, and shall be recorded in the office of the County Clerk wherein the structure is located. However, no fine shall be imposed against any person lest then be personal service upon that person.

(c) The procedure for correcting deficiencies on real estate other than structures shall be the same as for structures and the cost of any action by the enforcement officer to correct a deficiency thereon shall be a lien on the real estate.
(Ord. 94-012, passed 9-12-94)

§ 151.99 PENALTY.

(A) The owner of any structure determined to be in violation of this chapter who shall fail to comply with any order of the District Court under this chapter shall be guilty of a violation and upon conviction shall be fined not less than twenty-five ($25.00) dollars nor more than two hundred fifty ($250) dollars for each violation.

(B) The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair a building in accordance with any order of the District Court under this chapter shall be guilty of a violation and upon conviction shall be fined not less than twenty-five ($25.00) dollars nor more than two hundred fifty ($250) dollars for each violation.

This document is available from the city of Eminence web site.
http://www.eminencekentucky.com
Provided for information purposes only.
Specific questions should be
directed to the City Clerk's office.
Internet Posted on 3/13/02

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