City of Bowling Green, Kentucky

Citation Number:
2022-00013653.4

Date Issued:
Tue, Nov 8, 2022 6:50 AM

Status:
Paid/Fees Waived

Total Citation Amount:
$604.57

Name of Person Cited:
SHIELDS MAJEL LOIS

Property in Violation:
1615 BENSON AVE
BOWLING GREEN KY 42104
PVA Parcel #: 040B38 102

Property Owner:
CAPPS MARK ANTHONY
1628 CAVE MILL RD
BOWLING GREEN KY 421044419

Code Compliance Officer:
Jarrod Poteet

Inspection Date:
Tue, Nov 8, 2022 8:30 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.

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.

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 at least one broken/boarded/missing window on a structure at this location.

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. This property has is not being maintained and has not been serviced by utilities since 2014, according to BGMU. This structure does not offer the basic amenities for habitable living due to not being serviced by utilities.

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. The garage at this location is not secure and/or maintained in good repair. Homeless subjects have started sleeping in the garage.

Code:
BGKY C27 27.5.05.l Attractive nuisances

Code Description:
The allowing of any physical condition, use or occupancy of any property or premises to be an attractive nuisance to children, or for illicit purposes, crime, drugs and/or vagrancy, including, but not limited to abandoned buildings, vacant lots, wells, shafts, standing pools of water, sinkholes, basements, excavations, retaining walls, and unsafe fences. Refrigerators, freezers, ice chests, ice boxes or any similar airtight box or container at an outdoor location which has a locking device inoperable from within, shall first unhinge and remove the door or lid and detach the locking device from the door or lid. Refrigerators, freezers, ice chests, or ice boxes in use at an outdoor location shall be equipped with an exterior locking device to prevent unintended access; The garage at this location is not secure and/or maintained in good repair. The garage is open to anyone passing by. Homeless subjects have started sleeping inside and causing a nuisance to the neighbors.

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. This property has is not being maintained and has not been serviced by utilities since 2014, according to BGMU.