City of Bowling Green, Kentucky

Citation Number:
2023-00002671

Date Issued:
Wed, Mar 22, 2023 3:52 PM

Status:
Paid/Fees Waived

Total Citation Amount:
$254.75

Name of Person Cited:
MEI DIAM YONG

Property in Violation:
866 LAIN AVE
BOWLING GREEN KY 42101
PVA Parcel #: 040C05 024

Property Owner:
MEI DIAM YONG
866 LAIN AVE
BOWLING GREEN KY 421014908

Code Compliance Officer:
Josh Langlois

Inspection Date:
Wed, Mar 22, 2023 12:15 PM

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.

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 is no working smoke alarm installed in the following required location(s): hallway outside of sleeping rooms, rooms being used for sleeping, other rooms in building.

Code:
IPMC 7.702.1 General Fire Safety Requirements / Means of Egress

Code Description:
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. There are rooms used for sleeping that contain no windows and there are inadequate number of doors for proper egress.

Code:
IPMC 4.402.1 Habitable Spaces Light, Ventilation & Occupancy Limitations / Light

Code Description:
Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. Rooms in this business are being used for permanent sleeping purposes. The rooms are not intended to be used as sleeping rooms, nor are they large enough for safe habitation. While zoning of this location would allow for habitation in a proper accessory apartment after obtaining required permits and allowances, no such apartment exists and continued habitation of these rooms is unsafe.

Code:
IPMC 4.404.4.1 Room Area Light, Ventilation & Occupancy Limitations / Occupancy Limitations / Bedroom & Living Room Requirements

Code Description:
Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall contain at least 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof. Rooms in this business are being used for permanent sleeping purposes. The rooms are not intended to be used as sleeping rooms, nor are they large enough for safe habitation. One room is 36 square feet, the other is 56 square feet.

Code:
IPMC 4.404.4.1 Room Area Light, Ventilation & Occupancy Limitations / Occupancy Limitations / Bedroom & Living Room Requirements

Code Description:
Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall contain at least 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof. Rooms in this business are being used for permanent sleeping purposes. The rooms are not intended to be used as sleeping rooms, nor are they large enough for safe habitation. One room is 36 square feet, the other is 56 square feet.

Code:
IPMC 6.604.3.1.- Electrical System Hazards Mechanical & Electrical Requirements / Electrical Facilities / Electrical System Hazards / Abatement of electrical hazards associated with water exposure

Code Description:
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Flexible cords are being run through interior walls.

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. The plumbing fixtures at this location are not properly installed. The water heater pressure release valve is installed improperly, as well as the shower which is installed improperly.

Code:
IPMC 5.504.3 Plumbing System Hazards Plumbing Facilities & Fixture Requirements / Plumbing Systems & Fixtures

Code Description:
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. The discharge line on the temperature-pressure relief valve is not properly routed or properly installed.

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.

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 location is unfit for human habitation due to lack of habitable space/ bedrooms. Two small rooms at this business are being used for habitation by employees. One room is 36 square feet, the other is 56 square feet. These rooms are not intended for sleeping purposes, this building is not outfitted for permanent occupation or sleeping purposes and is unsafe for continued use of such. The building is being condemned and the occupants removed for their safety and the safety of neighbors and the public.

Code:
BGKY C27 27.5.06 Criminal Activity as a Nuisance NOV Property Code / Nuisance

Code Description:
a. Any building or premises where law enforcement officers have on more than one (1) occasion in the preceding twelve (12) month period criminally cited, executed a court-issued search warrant or arrested persons for crimes on the premises involving assault, weapons, prostitution, controlled substances, gambling, disorderly conduct, violent crime, or a felony is hereby declared a nuisance. 1. On occasions where the property owner or tenant is the victim of the criminal activity listed above, such citations or arrests shall not be considered in determining criminal activity as a nuisance. b. The Bowling Green Police Department shall notify the Neighborhood and Community Services Department of properties meeting the requirements of Section (a), where the criminal activity is a nuisance to the Police Department, public and/or adjacent properties. c. After determining the criminal activity is a nuisance according to Section (a), the Neighborhood and Community Services Department shall send a Notice of Violation to the property owner describing the nuisance, and requiring the nuisance be abated. f. It shall be a defense to a violation of this Section that the owner has instituted an eviction proceeding through Warren County District Court against the offending tenant or occupants of the premises in violation within thirty (30) days of the date of the Notice of Violation and the owner completes the eviction within sixty (60) days of the date of commencement of the action or as soon thereafter as court procedures allow. There have been multiple arrests, citations, and one search warrant at this address for prostitution.