City of Bowling Green, Kentucky

Citation Number:
2023-00008027.7

Date Issued:
Wed, Nov 8, 2023 11:03 AM

Status:
Paid/Fees Waived

Total Citation Amount:
$254.98

Name of Person Cited:
LEWIS THOMAS R

Property in Violation:
1023 STATE ST
BOWLING GREEN KY 42101
PVA Parcel #: 039A06 011

Property Owner:
LEWIS THOMAS R
1418 CHEROKEE RD
LOUISVILLE KY 402041478

Code Compliance Officer:
Brad Schargorodski

Inspection Date:
Wed, Nov 8, 2023 9:00 AM

Code:
IPMC 113.3 Demolition / Failure to Comply Administration / Administration & Enforcement / Demolition

Code Description:
If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Per requirements of code and ordinance, the property owner must obtain repair/renovation/construction permits and begin such work to make the building safe, or obtain demolition permits and begin such work to remove the damaged structure within the prescribed time allowed. This building was damaged by fire over 100 days ago and the property owner has failed to obtain permits or begin work to repair or demolish the structure. The structure and property remain in dangerous condition. Due to failure to comply in a timely manner as prescribed by code and ordinance, this property will be brought before the Code Enforcement and Nuisance Board at the November 28th hearing to request the city enter the property and demolish the structure. The City will also be requesting authorization to have a contractor place fencing around the property prior to demolition for the safety of the public, unless already done so by the property owner, with the cost of such being borne by the property owner.

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. The building at this location was extensively damaged by fire over 100 days ago. The building remains structurally unsound, in a state of significant disrepair, unsafe for use, and without permits on file for demolition or repair. Bricks and other pieces of the building are reportedly falling from the building onto the sidewalk and alley adjacent to the property, and the building continues to generate ongoing complaints to the city.

Code:
BGKY C27 27.4.02.a.1 Damaged Building 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 damaged by fire, wind, seismic or other causes so as to cause the building to become dangerous to life, limb or property of the occupants or to the public; 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 building at this location was extensively damaged by fire over 100 days ago. The building remains structurally unsound, in a state of significant disrepair, unsafe for use, and without permits on file for demolition or repair. An extended period of time has been allowed for cause and origin investigation, insurance investigation, structural engineering inspection, etc. to take place. The property owner has not taken any action towards cleaning out fire and water damaged belongings from the building, nor has a demolition contactor applied for a permit to begin the demolition process.

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. The extensively fire-damaged structure at this location has been standing in unsafe condition for an extended period of time. The building remains damaged, unsafe, and with visual appearance not conducive with the area in which it is located. Bricks and other debris are falling onto the sidewalk and alley adjacent to the structure, posing a danger to the public.

Code:
BGKY C27 27.5.05.f Dangerous Trees or Objects Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
The permitting of any tree, shrubbery, hedge or other object adjoining public rights-of-way to grow or stand in such a condition that it interferes with the use, construction or maintenance of streets or sidewalks, that could cause damage to streets or sidewalks, or that causes an obstruction to drainage or poses a danger to life, limb or property of persons using the sidewalks or rights-of-way. No person shall allow any dead tree adjoining public sidewalks or rights-of-way; Subsequent to a fire at this location, the sidewalk and one lane of State Street adjacent to the property were closed for the safety of the traveling public. Though the roadway has since been reopened, the sidewalk and rear alley have again been closed due to bricks and debris falling from the building, causing a hazard to the public. These closures continue to impact public travel, and require ongoing use of City Public Works control devices.

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 building at this location was extensively damaged by fire over 100 days ago. The building remains structurally unsound, in a state of significant disrepair, unsafe for use, and without permits on file for demolition or repair. The property presents a hazard to passersby and the public, remains full of fire and water damaged items, and continues to generate ongoing complaints to the city.

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. Permits are required for repair or demolition of the fire-damaged structure at this location. No permits have been applied for or obtained for an extended period of time.