City of Bowling Green, Kentucky

Citation Number:
2022-00004977.1

Date Issued:
Thu, Apr 28, 2022 1:58 PM

Status:
Final Order

Total Citation Amount:
$154.28

Name of Person Cited:
HARROD DEROTHA

Property in Violation:
1316 NUTWOOD ST
BOWLING GREEN KY 42104
PVA Parcel #: 040B28 038

Property Owner:
STIVERS DEENA L
138 WILDERNESS TRCE
BOWLING GREEN KY 421032457

Code Compliance Officer:
Brad Schargorodski

Inspection Date:
Thu, Apr 28, 2022 8:30 AM

Code:
IPMC 111.8 Prohibited Occupancy Administration / Administration & Enforcement / Unsafe Structures & Equipment

Code Description:
Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

Code:
IPMC 111.1.3 Structure Unfit for Human Occupancy Administration / Administration & Enforcement / Unsafe Structures & Equipment / General

Code Description:
A structure is unfit for human occupancy whenever the code official finds that such structure is 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 ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. The dwelling at this location is not maintained in safe, sanitary or livable condition. The dwelling lacks basic plumbing and electrical necessities, is infested with roaches and fleas, and there is a hoarding problem regarding cats. The dwelling has no heat, hot water, insufficient sinks, no way to bathe, no way to properly store, cook, or prepare food, and is otherwise unfit for human habitation.

Code:
IPMC 111.1.5 Dangerous Structure or Premises Administration / Administration & Enforcement / Unsafe Structures & Equipment / General

Code Description:
For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. Due to lack of maintenance, inadequate light, ventilation, plumbing, mechanical, heating, etc. the dwelling is unsanitary, unfit for human habitation, and in such a condition that is likely to cause sickness or disease.

Code:
IPMC 111.7.1 Placard Removal Administration / Administration & Enforcement / Unsafe Structures & Equipment / Placarding

Code Description:
The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

Code:
IPMC 704.6 Single and Multiple Station Smoke Alarms Fire Safety Requirements / Fire Protection Systems

Code Description:
Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3. There are no working smoke alarms installed in the entire dwelling. Smoke alarms should be in every room used for sleeping, and every adjacent room to rooms used for sleeping.

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 dwelling at this location is in unsanitary and uninhabitable condition.

Code:
IPMC 3.304.15 Doors 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 doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. There is at least one exterior door on a structure at this location that is missing and/or not maintained in good repair. This includes, but is not limited to, the back door where there is a large gap between the floor and bottom of the door due to deterioration.

Code:
IPMC 3.304.18.1 Doors General Requirements / Exterior Structure / Building Security

Code Description:
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. None of the entrance doors at this location are equipped with or secured by a required single-cylinder deadbolt lock. There is no way to secure the house by way of exterior doors.

Code:
IPMC 3.304.13.1 Glazing General Requirements / Exterior Structure / Window, Skylight & Door Frames

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. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. All glazing materials shall be maintained free from cracks and holes. There is are several broken/boarded/missing windows on the structure at this location.

Code:
IPMC 3.305.3 Interior surfaces General Requirements / Interior Structure

Code Description:
All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. There is fecal matter in every room, a very strong odor of ammonia and feces inside the house, rotting food, a roach infestation, a flea infestation, etc. Every room in the dwelling is maintained in unsanitary condition.

Code:
IPMC 3.305.4 Stairs and walking surfaces General Requirements / Interior Structure

Code Description:
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Many of the walking surfaces in the dwelling have had the carpet ripped up/removed due to fecal matter and urine. As a result, many of the rooms are characterized by exposed subfloor, which is also covered by fecal matter and urine in most rooms.

Code:
IPMC 3.309.1 Infestation General Requirements / Pest Elimination

Code Description:
All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. There is a significant infestation of insects in the dwelling. This includes, but is not limited to, fleas and roaches. There appears to be a roach infestation in every room of the house, and there are areas of fecal matter, stains and live roaches observed in every stage of the life cycle.

Code:
IPMC 4.404.7 Food Preparation Light, Ventilation & Occupancy Limitations / Occupancy Limitations

Code Description:
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. The dwelling has no hot water, insufficient sinks, no way to properly store, cook, or prepare food, and is otherwise unsanitary and unfit for human habitation.

Code:
IPMC 6.605.2 Receptacles Mechanical & Electrical Requirements / Electrical Equipment

Code Description:
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. Several receptacles at this location do not appear to be installed or maintained in good condition or safe, working order. Several are missing required faceplates.

Code:
IPMC 6.602.2 Residential Occupancies Mechanical & Electrical Requirements / Heating Facilities

Code Description:
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. There is no working permanent heat source in the dwelling.

Code:
IPMC 6.603.1 Mechanical Appliances Mechanical & Electrical Requirements / Mechanical Equipment

Code Description:
All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. The HVAC system/heat, water heater and appliances in the kitchen are not maintained in good condition or working order.

Code:
IPMC 5.504.1 General Plumbing Facilities & Fixture Requirements / Plumbing Systems & Fixtures

Code Description:
All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. Plumbing appliances are not maintained in good condition throughout the dwelling. The bathtub is in the middle of the bedroom, the water heater is not operable, there is no way to bathe, the bathroom sink does not work and the toilet is in poor condition.

Code:
IPMC 5.505.4 Water Heating Facilities Plumbing Facilities & Fixture Requirements / Water System

Code Description:
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. The water heater is not maintained in working condition. There is no hot water in the dwelling.

Code:
BGKY C27 27.4.02.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. The dwelling at this location is not maintained in safe, sanitary or livable condition. The dwelling lacks basic plumbing and electrical necessities, is infested with roaches and fleas, and there is a hoarding problem regarding cats. The dwelling has no heat, hot water, insufficient sinks, no way to bathe, no way to properly store, cook, or prepare food, and is otherwise unfit for human habitation.

Code:

Code Description:
The dwelling at this location is inhabited by at least 20 live cats. Cats are in every room, hiding in furniture, in the attic, and trapped in the walls. There is fecal matter in every room, urine and urine stains in every room, a very strong odor of ammonia and feces inside and outside the house, and other unsanitary conditions caused by this hoarding situation.

Code:
IPMC 3.304.13 Windows, Skylight, and Door Frames General Requirements / Exterior Structure / Window, Skylight & Door Frames

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. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Windows are not maintained in good condition throughout the dwelling. In one room foliage from outside has grown into the house, there are broken and boarded windows, windows are not openable or otherwise in sound condition.