City of Bowling Green, Kentucky

Citation Number:
2022-00014886.1

Date Issued:
Mon, Nov 14, 2022 10:31 AM

Status:
Final Order

Total Citation Amount:
$1,004.57

Name of Person Cited:
MOSES DOLORES M

Property in Violation:
409 STATE ST
BOWLING GREEN KY 42101
PVA Parcel #: 039A04 053

Property Owner:
MOSES DOLORES M (ESTATE)
140 STATE ST
BOWLING GREEN KY 421011235

Code Compliance Officer:
Jarrod Poteet

Inspection Date:
Mon, Nov 14, 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. The structure at this property is not serviced by utilities and does not provide the basic necessities for habitable living.

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 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 peeling/flaking/chipping paint.

Code:
IPMC 3.304.11 Chimneys and Towers 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 chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. The chimney at this location is in disrepair.

Code:
IPMC 3.304.16 Basement Hatchways 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. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. The There is an uncovered opening to the basement/crawlspace at this location.

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.

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 structure at this property is not serviced by utilities and does not provide the basic necessities for habitable living.

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 property is abandoned and is not secure. The side door to the structure is open and can not be relocked.

Code:
BGKY C27 27.1.03.Abandoned Definitions: Abandoned Property Code / General Provisions / Definitions

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.

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.

Code:
BGKY C27 27.5.05.h Dilapidated Structures 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: Dilapidated structures. All buildings, walls and other structures including, but not limited to greenhouses, smokehouses, antennas, retaining walls, mailboxes and fences, which have been damaged by fire, decay or otherwise and which are in a state of dilapidation, deterioration or decay so as not to provide shelter, sufficient sewer, plumbing, electrical or heating facilities or which are unsound or in danger of collapse or failure and which are a danger to the safety of the public or which are vacant or abandoned and open or accessible to vagrants or passersby or which are otherwise built, erected or maintained in violation of any ordinance. The structure at the location that is not maintained in a clean/sanitary condition and/or in good repair. Vagrants have broken into the property and caused damage to the inside.

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 structure at the property is not secure and open to passers by. The property is not serviced by utilities and is frequented by vagrants.

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 structure at this property is not serviced by utilities and does not provide the basic necessities for habitable living. According to BGMU the property has not been serviced by utilities since 2007.