City of Bowling Green, Kentucky

Citation Number:
2022-00006274

Date Issued:
Thu, May 19, 2022 8:39 AM

Status:
Final Order

Total Citation Amount:
$604.28

Name of Person Cited:
INMAN DONALD & DIANE

Property in Violation:
2110 ROBIN RD
BOWLING GREEN KY 42101
PVA Parcel #: 040A59 260

Property Owner:
INMAN DONALD & DIANE
2110 ROBIN RD
BOWLING GREEN KY 421013655

Code Compliance Officer:
Sanja Dudaric

Inspection Date:
Thu, May 19, 2022 8:00 AM

Code:
IPMC 111.2 Closing of Vacant Structures Administration / Administration & Enforcement / Unsafe Structures & Equipment / Closing of Vacant Structures

Code Description:
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. The dwelling at this location was found to be vacant, abandoned and unsecured by a city contractor. The Bowling Green Police Department was called to clear the structure before a city contractor boarded the unsecured entrance to abate the nuisance.

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. Neighbors are complaining of homeless individuals/vagrants entering this vacant/abandoned structure. Utilities have been disconnected in 2018.The structure is an attractive nuisance.

Code:
IPMC 3.304.7 Roofs and Drainage 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. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Soffit at this location is not maintained in good condition and needs to be repaired.

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. There is at least one exterior door on a structure at this location that is missing and/or not maintained in good repair. The exterior door to this property has been kicked in and not secured.

Code:
IPMC 3.304.18.2 Windows General Requirements / Exterior Structure / Building Security

Code Description:
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Window sills/frames are not maintained in good repair in at least one location. There is at least one window at this location that is not secured/locked.

Code:
IPMC 3.301.3 Vacant Structures and Land General Requirements / General

Code Description:
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. The dwelling at this location appears to be vacant and is abandoned as defined by code. Utilities have been disconnected in 2018, the property has multiple nuisance code violations present, and is not maintained in clean or safe condition.

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.

Code:
BGKY C27 27.4.02.a.5 Additional Building Characteristics 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 characterized by disconnected utilities, extensive broken glass, peeling or flaking paint on the exterior walls, loose or rotting materials on the roof or the exterior walls; 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. This property appears to be vacant and abandoned, has not been served by utilities since 2018, is unsecured to entry and the elements, and is otherwise not maintained in good condition.

Code:
BGKY C27 27.4.02.a.6 Vacant Building Not Secured 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: Any vacant building or structure not secured from entry or the elements. 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. An open door at the rear of the dwelling was reported by a city contractor. The vacant structure is unsecured to entry and the elements.

Code:
BGKY C27 27.5.03 Duty of Maintenance of Private Property Property Code / Nuisances

Code Description:
It shall be unlawful to place, leave, deposit or keep discarded and/or dilapidated items or objects, trash, garbage, junk and/or rubbish on any private property in the City. Such discarded and/or dilapidated items or objects, trash, garbage, junk and/or rubbish are declared to be a public nuisance. 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 a substantial reduction in the value of the other property in the area in which such property or premises are located. There are multiple codes violations present on the property that are not being addressed. There has not been any utility service since 2018. There are also multiple code violations for the exterior of the property for the extended amount of time.

Code:
BGKY C27 27.5.05.a Junk; Scrap Metal Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
The storage of junk motor vehicles, motor vehicle parts, storage tanks, refuse/trash containers not being served by garbage collection franchisees, junk machinery, machinery parts, abandoned, discarded or unused appliances, objects neglected and not being used for their intended purpose, unused containers, objects or equipment in unusable condition such as stoves, refrigerators, washers, dryers and similar equipment, or scrap metal 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, shopping carts. Please remove any and all junk/scrap from the premises.

Code:
BGKY C27 27.5.05.b Accumulation of Construction, Demolition or Landscaping Debris Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
All exterior property and premises shall be free from any accumulation of combustible and noncombustible waste materials, including any material resulting from maintenance, demolition, repair, alteration or construction of buildings, structures or grounds. Exterior property and premises shall be free from landscaping debris or natural damage of grounds, including but not limited to ashes, stones, glass, concrete, unused piles or bags of rock/mulch/soil, fallen trees, tree branches, limbs, brush and yard trimmings; There is an accumulation of landscape debris on the premises including, but not limited to, a fallen tree, tree branches and/or limbs. Please remove any and all landscape debris from the premises.

Code:
BGKY C27 27.5.05.m Graffiti

Code Description:
The allowing of any graffiti to remain on a property or premises; “Graffiti” shall mean any inscription, drawing or design that is scratched, painted, sprayed or otherwise applied on any surface of any structure or object so as to be seen by the public, placed there by a person other than the owner, manager or person having lawful control of the property, and without the consent of the owner, manager or other person having lawful control of the property. There is garbage scattered on the premises. Please remove. Also please ensure that garbage and trash are properly disposed of to avoid scattering of rubbish/garbage.

Code:
BGKY C27 27.5.05.n Hoarding of materials

Code Description:
The accumulation of materials, trash, food, newspapers, magazines, old clothes and other items that create a serious fire or health hazard that can cause disease, contribute to vermin and/or insect infestations, affect the occupants of the building, neighbors, public safety personnel and the general public, or contribute to an unsanitary environment unfit for human habitation; Neighbors are complaining of homeless individuals/vagrants entering this vacant/abandoned structure. Utilities have been disconnected in 2018.The structure is an attractive nuisance.

Code:
BGKY C27 27.5.05.r Abandoned Structures Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
“Abandoned” shall mean any structure that is vacant, unoccupied or not in use for a period of one (1) year or more and which is any of the following: neglected, dilapidated, unsanitary, vermin infested, not serviced by public utilities, dangerous to the safety of person, unfit for its intended use by reason of neglect or lack of maintenance, has become a place for the accumulation of trash or debris or is the subject of a building permit requirement and has not satisfactorily passed building inspection in the last six (6) months or more. 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: Abandoned Structures. It shall be unlawful to allow any building or structure to become abandoned. The vacant structure at this location has not been served by utilities since 2018, is unsecured, is not maintained, and appears to be abandoned as defined by code.