City of Bowling Green, Kentucky

Citation Number:
2022-00015120.6

Date Issued:
Wed, May 3, 2023 9:40 AM

Status:
Appeal Filed

Total Citation Amount:
$254.75

Name of Person Cited:
MCALLISTER FAMILY REVOCABLE TRUST

Property in Violation:
727 11TH AVE E
BOWLING GREEN KY 42101
PVA Parcel #: 040C01 064

Property Owner:
MCALLISTER FAMILY REVOCABLE TRUST
727 E 11TH AVE
BOWLING GREEN KY 421012507

Code Compliance Officer:
Brad Schargorodski

Inspection Date:
Wed, May 3, 2023 8:30 AM

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. An accessory structure at the rear of this property appears so decayed/dilapidated and/or structurally unsound, that portions appear to be in a state of collapse. Due to lack of maintenance, decay, deterioration and/or neglect the building appears to be unsafe.

Code:
IPMC 3.302.7 Accessory structures General Requirements / Exterior Property Areas

Code Description:
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Both accessory structures at the rear of the property, and the wood fence and gate at the rear of the property, are in disrepair, dilapidation and/or collapse.

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 missing or damaged siding, peeling/flaking/chipping paint.

Code:
IPMC 3.304.9 Overhang Extensions 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 overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, 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. Porch roof/overhang extension on one of the accessory structures at the rear of the property is in a state of collapse.

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 an accessory structure at this location.

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. Accessory structures, including but not limited to, portions of a fence and a building at the rear of the property, are in states of disrepair, deterioration and/or dilapidation due to lack of maintenance. The property owner was made aware of codes regarding the maintenance and repair of buildings in 2018, and this current case has been open over 160 days during which multiple attempts have been made to gain voluntary compliance without result.

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. Accessory structures at the rear of the property appear to be in states of disrepair and dilapidation. A structure has missing and damaged siding, inadequate protective treatment, and the porch is in a state of collapse.

Code:
IBC 105.1 Permit Required Permit Required

Code Description:
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Apply for and obtain any/all required permits prior to any demolition, renovation, construction, modification, etc. of structures on the premises.

Code:
BGKY C27 27.5.05.h.1 Dilapidated fences and walls

Code Description:
All fences and walls shall be structurally sound and maintained in good repair. Repair of fences and walls shall be made with materials that are comparable in composition, color, size, shape, design and quality to those originally used to construct the fence or wall being repaired. Materials for new fence or wall construction shall be insect and/or weather resistant or have protective treatment applied. Materials such as pallets, slabs, reclaimed or repurposed construction refuse, or similar materials are not an acceptable construction material; Portions of the fence on the premises do not appear to be structurally sound and/or maintained in good repair.