City of Bowling Green, Kentucky

Citation Number:
2024-00000869.2

Date Issued:
Tue, Feb 20, 2024 1:34 PM

Status:
Final Order

Total Citation Amount:
$505.04

Name of Person Cited:
SIMMONS RUSSELL M

Property in Violation:
119 13TH AVE W
BOWLING GREEN KY 42101
PVA Parcel #: 039B14 031

Property Owner:
SIMMONS RUSSELL M
1304 OLD BARREN RIVER RD
BOWLING GREEN KY 421011966

Code Compliance Officer:
McKenna Tabor

Inspection Date:
Tue, Feb 20, 2024 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. Due to the residence being left unsecured, abandoned/vacant, a City contractor was contracted to board up the premises.

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. Verified with Bowling Green Municipal Utilities that there have not been utilities since June 5th. 2019 to the premises, rendering it an abandoned property.

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. The fence on the premises (all or a portion thereof) does not appear to be structurally sound and/or maintained in good repair.

Code:
IPMC 3.304.7 Roofs and Drainage 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. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. There is a section of fascia that is damaged/missing on the side of the residence closest to the accessory structure/garage.

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:
IPMC 3.308.1 Accumulation of Rubbish or Garbage General Requirements / Rubbish & Garbage

Code Description:
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. There is an accumulation of rubbish/garbage indoors and outdoors on the property.

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. There are no 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 residence was left vacant and with doors to the primary residence, as well as the garage, open and unsecured. The front door is broken and unable to be secured.

Code:
BGKY C27 27.5.05.b Accumulation of Construction, Demolition or Landscaping Debris Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
All exterior property and premises shall be free from any accumulation of combustible and noncombustible waste materials, including any material resulting from maintenance, demolition, repair, alteration or construction of buildings, structures or grounds. Exterior property and premises shall be free from landscaping debris or natural damage of grounds, including but not limited to ashes, stones, glass, concrete, unused piles or bags of rock/mulch/soil, fallen trees, tree branches, limbs, brush and yard trimmings; There is an accumulation of construction/demolition and/or landscape debris on the premises including, but not limited to, buckets. Please remove any and all construction/demolition/landscape debris.

Code:
BGKY C27 27.5.05.c Exterior Use or Storage of Indoor Furniture 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: Exterior use or storage of indoor furniture. The use or storage of furniture which is upholstered or not designed for outdoor use in an uncovered or exposed area in which it is likely to decay, decompose or retain moisture causing a health hazard There is indoor furniture at an outdoor location on the premises. Please remove any and all indoor furniture from outdoors.

Code:
BGKY C27 27.5.05.k Scattered garbage Property Code / Nuisances / Certain Conditions Declared a Nuisance

Code Description:
The throwing, placing or scattering of any garbage, rubbish, trash or other refuse over or upon any premises, or the allowing of any scattered garbage, rubbish, trash or other refuse to remain on a property. No refuse/trash shall be stored or accumulated in a manner that allows for blowing or scattering onto adjacent properties; There is garbage scattered on the premises. Please remove. Also please ensure that garbage and trash are properly disposed of to avoid scattering of rubbish/garbage.

Code:
BGKY C27 27.5.05.q Tires

Code Description:
The outdoor storage of unused, scrap or waste tires in any amount is deemed a hazard to public health and safety and a fire hazard, and is prohibited within the City limits, except on premises authorized by the City for such purposes. Unused, scrap or waste tires shall not be placed at the curb or placed with refuse awaiting collection, and shall be properly recycled or disposed of by the owner. There is a tire/tires located outdoors on the property. Please remove. (Also note that Scott Waste will not pick up tires, they must be taken to an approved tire recycler.)