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Citation (Citation #: 2019-00016745.11)

General Information

Citation Number:
2019-00016745.11

Date Issued:
Tue, Apr 21, 2020 8:49 AM

Status:
Paid/Fees Waived

Total Citation Amount:
$304.05

Name of Person Cited:
MANNING PAUL JR & MANNING JAMES A & WIVES

Property in Violation:
224 EMMETT AVE
BOWLING GREEN KY 42101
PVA Parcel #: 040A54 017

Property Owner:
MANNING W PAUL JR & MANNING JAMES & GAIL
1918 RUSSELLVILLE RD
BOWLING GREEN KY 421013755

Code Enforcement Officer:
Brad Schargorodski

Inspection Date:
Tue, Apr 21, 2020 8:30 AM

Code Violations (15)

Nuisance

Code:
IPMC 3.302.1 Sanitation General Requirements / Exterior Property Areas

Code Description:
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. The exterior of the premises, primarily the rear, at this location is not maintained in clean, sanitary condition and is characterized by an accumulation of rubbish, junk, car parts, furniture, scattered trash, waste tires, etc.

Nuisance

Code:
IPMC 3.302.2 Grading and Drainage General Requirements / Exterior Property Areas

Code Description:
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. The parking lot and driving service at the rear of the building at this location is  not maintained in good repair or free of hazardous conditions including, but not limited to, mud, ruts,, standing water and improper grading, and an overall lack of maintenance.

Exterior Structure

Code:
IPMC 3.302.7 Accessory structures General Requirements / Exterior Property Areas

Code Description:
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Accessory structures present at the rear of this location are not maintained in good repair or safe condition including, but not limited to, the following: A trailer-type structure is present which is covered with tarps, not maintained in a good repair, and is reportedly being used for living and sleeping purposes,  small enclosures near the sandblasting addition at the rear which are in disrepair.

Exterior Structure

Code:
IPMC 3.304.2 Protective Treatment General Requirements / Exterior Structure

Code Description:
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. There are areas of a structure at this location that lacks and/or has insufficient protective treatment including, but not limited to, areas of missing or damaged siding/exterior wall at the rear of the structure used for sandblasting, accessory structures or additions housing generators and equipment at the rear of the main structure.

Nuisance

Code:
IPMC 3.308.1 Accumulation of Rubbish or Garbage General Requirements / Rubbish & Garbage

Code Description:
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. There is an accumulation of rubbish/garbage outdoors on the property.

Nuisance

Code:
IPMC 3.308.2.- Disposal of Rubbish General Requirements / Rubbish & Garbage / Disposal of Rubbish

Code Description:
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

Nuisance

Code:
BGKY C27 27.5.03.b Major Overhaul Property Code / Amendments to Property Maintenance Code / Motor Vehicles

Code Description:
A vehicle of any type shall not be permitted to undergo painting and major overhaul, including body work, unless such work is performed inside a building designed, zoned and approved for such purposes. Painting of vehicles is prohibited unless conducted inside an approved spray booth. There are vehicles in a state of major disrepair/disassembly stored outdoors on the premises at this location.

Nuisance

Code:
BGKY C27 27.5.03.a. a Unlicensed/Inoperable Motor Vehicle Property Code / Amendments to Property Maintenance Code / Motor Vehicles / Unlicensed/Inoperable Motor Vehicle

Code Description:
No inoperative or unlicensed motor vehicle, whether repairable or not, shall be parked, kept or stored on any public right-of way. No junk motor vehicle, shall be parked, kept or stored on any private premises longer than three (3) calendar days unless contained within an approved enclosed building. No motor vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled unless contained within an approved enclosed building. * 27.1.03 Definitions: Junk Motor Vehicle “Junk Motor Vehicle” is any inoperable motor vehicle, whether repairable or not, without a current valid license plate, or which is rusted, wrecked, discharged, partially or totally dismantled or abandoned. There are numerous junk and inoperable vehicles stored outdoors at the rear of the property on the premises. Based on the zoning and intended use of this property, no more than two inoperable vehicles can be stored outdoors.

Dangerous Building

Code:
BGKY C27 27.5.02.a.2 Unfit for Human Habitation Property Code / Amendments to Property Maintenance Code / Unsafe / Problem Structures / Unsafe / Problem Structures Defined

Code Description:
An unsafe / problem structure is defined as a building or other structure that poses a nuisance or danger to the public, police department or fire department and includes, but is not limited to the definition in the International Property Maintenance Code, as well as the following: A building that has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or is likely to cause sickness or disease or injury to health, safety or general welfare of those living therein; C27.5.02.a.b Compliance Time Period When an unsafe / problem structure, not in danger of structural collapse, has been closed and secured from entry and the elements by the property owner and the structure continues to remain closed and secured from entry and the elements by approved methods, it may remain standing in a safe condition for a period not to exceed sixty (60) days from the date of the condemnation, fire, or damage from other means, or the date of the release of the property from a governmental, criminal, fire or explosives investigation, at which time an application must have been made for a building permit to repair or for a demolition permit. If a building permit is requested and approved, repair or renovation work to bring the property into compliance must be completed within sixty (60) days of the date of the issuance of the permit. If a demolition permit is requested and approved, demolition must be initiated within five (5) days and must be completed within thirty (30) days of the date of the issuance of the demolition permit. C27.5.02.a.c Failure to Comply Failure of the property owner to obtain the required permit(s) in the specified time and/or to keep the structure closed and secured from entry shall constitute permission to an official, employee, or other authorized agent of the City to enter upon the property to remedy the situation and to abate the nuisance by demolition and removal of the unsafe / problem structure. There is a small, trailer-type structure at the rear of this location which appears to be used for habitation purposes. During an inspection at the property several persons reported the trailer is used for living and overnight sleeping purposes by a male who frequents the premises. This trailer-type structure, on the business-zoned property, is not intended for habitation, does not provide the amenities required for basic health and safety, and is not fit or safe for human habitation. Since the issuance of the last citation our office has received additional reports that a person is sleeping on the premises nightly and residing in and uninhabitable structure on the property.

Nuisance

Code:
BGKY C27 27.6.03 Duty of Maintenance of Private Property Property Code / Nuisances

Code Description:
No person owning, leasing, occupying or having charge of any property or premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such property or premises in a manner which could cause substantial diminution in the value of the other property in the neighborhood in which such property or premises are located. The exterior of the structure at this location is in a state of disrepair and is in a manner which could cause substantial diminution in the value of other property in the neighborhood in which it is located. This has generated complaints to our office.  This property has been in violation for an extended period of time and multiple attempts have been made to gain compliance. There has been no communication from the property owner, representative, or legal representation, in order to bring this property into compliance or communicate the intent to do so since the last citation was issued. It shall not be essential that nuisances be created or contributed to by the owner, occupant or persons having control or management of the property or premises, but merely that the nuisance be 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.

Nuisance

Code:
BGKY C27 27.6.05.a Junk; Scrap Metal Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
It shall be unlawful for the owner, occupant or person having control or management of any public or private land within the City to permit a public nuisance to develop thereon. Public nuisances include, but are not limited to, the following conditions: Junk; scrap metal. The storage of junk motor vehicles, motor vehicle parts, storage tanks, dumpsters, refuse/trash containers not being served by the County’s garbage collection franchisees, junk machinery, machinery parts, abandoned, discarded or unused appliances, objects or equipment in unusable condition such as stoves, refrigerators, washers, dryers and similar equipment, or scrap metal (whether recyclable or unrecyclable) within the City limits, except on premises authorized by the City for such purposes; There is junk/scrap on the premises including, but not limited to, car parts, piles of metal and scrap, junk vehicles, etc. in several places to the side and rear of the property. Please remove any and all junk/scrap from the premises.

Nuisance

Code:
BGKY C27 27.6.05.c Exterior Use or Storage of Indoor Furniture Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
It shall be unlawful for the owner, occupant or person having control or management of any public or private land within the City to permit a public nuisance to develop thereon. Public nuisances include, but are not limited to, the following conditions: Exterior use or storage of indoor furniture. The use or storage of furniture which is upholstered or not designed for outdoor use in an uncovered or exposed area in which it is likely to decay, decompose or retain moisture causing a health hazard There is indoor furniture stored outdoors on the premises. Please remove any and all indoor furniture from an outdoor location on the premises.

Nuisance

Code:
BGKY C27 27.6.05.m Scattering Garbage Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
It shall be unlawful for the owner, occupant or person having control or management of any public or private land within the City to permit a public nuisance to develop thereon. Public nuisances include, but are not limited to, the following conditions: Scattering garbage, etc. The throwing, placing, or scattering of any garbage, rubbish, trash, or other refuse over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove or burn; There is garbage scattered on the premises in numerous outdoor locations.  Please remove. Also please ensure that garbage and trash are properly disposed of to avoid scattering of rubbish/garbage.

Nuisance

Code:
BGKY C27 27.6.05.o Graffiti Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
It shall be unlawful for the owner, occupant or person having control or management of any public or private land within the City to permit a public nuisance to develop thereon. Public nuisances include, but are not limited to, the following conditions: Graffiti. The allowing of any graffiti which is defined as any inscription, drawing or design that is scratched, painted, sprayed or placed on any surface of any structure that has no redeeming artistic, moral or social value; *IPMC 3.302.9 Defacement of Property No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. There is graffiti on the premises in at least one location. Please remove any and all graffiti/defacement at this location.

Nuisance

Code:
BGKY C27 27.6.05.t Tires Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
It shall be unlawful for the owner, occupant or person having control or management of any public or private land within the City to permit a public nuisance to develop thereon. Public nuisances include, but are not limited to, the following conditions: Tires. The outdoor storage of tires within the City limits, except on premises authorized by the City for such purposes; There are numerous including a pile of waste tires, located outdoors on the property for an extended period of time. Tires, including waste tires, must be stored at an indoor and/or covered location, and removed from the property on a regular basis. The outdoor storage of piles and stacks of tires is prohibited.

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