Green Spring Code Enforcement Process

Code Enforcement Process

1. Courtesy Notice – the notice asked the violator to “please address an issue” usually within 7 days.
2. Courtesy Notice 2nd or, Warning-this notice asked the violator to “please address an issue” usually within 5 days. And in most cases, a copy of the ordinance is also sent to the non-compliant party.
3. Warning or Warning 2nd-this notice asked the violator to “address an issued” usually within 5 days. At this point, photographs are taken of the issue and the code enforcement board and City Attorney will be advised of a pending citation.
4. If compliance has not been met, then a citation is issued with a fine. Photographs have already been taken of the issue and sent to the Mayor, Board and City Attorney.

Experience has taught us that it is best to give the non-compliant party at least 3 notices (Courtesy, Courtesy 2 and Warning or, Courtesy, Warning, Warning 2) before issuing a citation with fine.   From day one of a Courtesy Notice to the level of a citation is between 17 and 21 days.

92.01  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Further, all standards of the Kentucky Building Code will apply and are hereby incorporated into the provisions of this chapter. This section shall not apply to the deposit of materials under authorization by any Kentucky statute, administrative regulation, ordinance, conditional use permit or other appropriate governmental approval.

APPLIANCE.  This term includes, but is not limited to, items such as stoves, refrigerators, freezers, washing machines, dryers, dishwashers and water heaters.

 ENVIRONMENTAL NUISANCE.  Any use of property which causes an annoyance, hazard, or injury, which may be detrimental to the property of others. The term includes, but is not limited to the following:

(1)   Permitting the presence, existence or accumulation of waste, rubbish, trash, or nonoperable appliances and nonoperable vehicles;

(2)   Any plant growth exceeding six inches in height, other than crops, trees, shrubs, flowers, or other ornamental plants. It is not the intent of this provision to cause a change in the character of any geographical area but only to remedy nuisances created by excessive growth of grass and weeds in developed neighborhoods;

(3)   Any shrub, tree, or other natural plant growth or any structure or fixture which by reason of its size and location in relation to a driveway or public thoroughfare limits the visibility of operators of motor vehicles;

(4)   The disposal or accumulation of any foul, decaying, or putrescent substances or other offensive materials in or on any lot, tract of land, street, highway, or any sidewalk or alley abutting any of these.

NONOPERABLE VEHICLES.  Any agency for the transportation of persons or property over or upon the public highways which is propelled otherwise than by human or animal muscular power, and which is nonoperable or appears to be nonoperable.

OWNER.  Any person who, alone or jointly or severally with others:

      (1)   Shall have legal title to any parcel of real estate, with or without accompanying actual possession thereof; or

      (2)   Shall have charge, care or control of any parcel of real estate as owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner or as lessee. Any such person thus representing the actual owner shall be bound to comply with provisions of these rules and regulations imposed upon the owner.

RUBBISH.  Any combustible and noncombustible waste materials, except garbage, including but not restricted to paper, rags, boxes, cartons, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and the residue from the burning of combustible materials;

WASTE.  Ashes, discarded wood, abandoned, discarded, or unused objects or equipment such as furniture, appliances, junk cars, rubber tires, cans, or containers, garbage or refuse of any kind, whether liquid or solid or any accumulation of any foul, decaying, or putrescent substances.

WEEDS.  Any uncultivated plant growth such as, but not limited to, grass, jimson, burdock, rag weed, thistle, johnson grass, sweet annie, beggar weed, horse weed, cocklebur, or any other similar growth exceeding 12 inches in height.

(Ord. 1-1993, passed 3-11-93; Am. Ord. 2-2003, passed 8-21-03)

92.02  ENVIRONMENTAL NUISANCES PROHIBITED.

It shall be unlawful for any owner, his agent or occupant, of real property, public or private in the city, to cause, allow or permit an environmental nuisance to exist on any property owned, occupied or under the control of said person.

92.04  ABATEMENT PROCEDURE.

(A)   It shall also be unlawful for any owner, his agent or occupant, in person or by his authorized agent, to fail to remedy the existence of any environmental nuisance in violation of the provisions of § 92.02.

(B)   Notice in writing may be served upon an owner, his agent or occupant, by hand delivery, first-class mail or by posting of same on the property. The required notice shall be mailed to the last known address of the owner of record of said property and to the address of the property. Such notice shall describe the environmental nuisance so maintained and shall demand abatement of the nuisance within ten calendar days from the date of notice, unless the nuisance constitutes an immediate danger to the health, safety, and well-being of the community, in which case notice shall demand immediate abatement.

72.16  OFF-STREET PARKING.

(A)   No person, firm or corporation shall cause or permit a motor vehicle to be routinely or repeatedly parked or driven on lawns, unpaved portions of any side yard or front yard or unpaved shoulder within the city in such a manner as to cause damage to said lawns, unpaved surfaces and road shoulder.

72.15  STORAGE AND PARKING RESTRICTED.

(A)   No trailer, truck of a gross vehicle weight rating greater than 7,500 pounds, motorcycle, commercial licensed vehicle, any other type vehicle used commercially, camper trailer, camping vehicle, or boat shall be parked or kept on any lot at any time unless housed in a garage or basement.  No vehicle which is inoperable or unlicensed shall be parked on any lot (unless enclosed in a garage) or on any city street in excess of 24 hours.  No trailer, boat, truck of gross vehicle weight rating greater than 7,500 pounds, or other type vehicle, except an automobile, shall be parked on any city street for a period in excess of 24 hours in any one calendar year.

(B)   No automobile shall be habitually or repeatedly parked on any street or median.

150.21  CONSTRUCTION OF FENCES.

(A)   Definition. For purposes of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.

FENCE shall mean any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure.

(B)   No fence shall be erected, placed or altered on any lot in the city from and after the passage of this section, until the construction plans shall have been approved by the City Commission or its duly authorized committee or agency. For provisions regarding permits, see § 150.15.

(C)   Fences must meet required setback lines and the following building material guidelines. Permitted building materials include wood, wood lookalike substitutes, brick, wrought iron or aluminum that appears like wrought iron, and stone. Chain link, unfinished concrete or cinder block, bare wire, barbed or razor wire and materials not generally considered appropriate for residential fencing are strictly prohibited. Electric pet fences are permitted if buried underground.

(D)   The finished side of a wooden fence shall be placed to the outside or facing adjoining properties.

(E)   A fence may not exceed six feet above the finished grade in the area in which it is placed. A fence must be at least three feet, six inches high, notwithstanding any other height restrictions herein. Berms, fill or other methods to raise the elevation at the base of the fence above that of the general finished grade shall not be used to circumvent the height restriction and their height will be included in the measurement of the fence height.

(F)   Any fence constructed shall not extend toward the front of the house beyond a point one-half the distance of the side walls of such house. For houses on corner lots, any fence constructed to the side of the house farthest from the side street shall not extend toward the front of the house beyond a point one-half the distance of such side wall of the house. Any fence constructed to the side of the house closest to the side street which such side faces, shall not extend toward the front of the house beyond the rearmost corner of the house/garage on such side, and shall not extend toward the side street beyond the shortest distance between the side street and the rearmost corner of the house/garage at any point. In no case shall any portion of any fence extend beyond the allowable building line on the side of a property that is bounded by a street.

(G)   Fences shall be maintained in a manner as to prevent rot and deterioration, rust, corrosion so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair including, but not limited to, noticeable leaning, missing sections, broken supports, non-uniform height, or noxious or overgrowth of vegetation.

(H)   No person, firm or entity shall construct, maintain or use within the city limits an electrically charged above-ground fence or enclosure.

(Ord. 4-1979, passed 9-6-79; Am. Ord. 4-1980, passed 9-4-80; Am. Ord. 4-1999, passed 11-18-99; Am. Ord. 3-2016, passed 8-18-16)  Penalty, see § 150.99

150.22  CONSTRUCTION OF ACCESSORY BUILDINGS ON RESIDENTIAL LOTS PROHIBITED.

(A)   Definition.  ACCESSORY BUILDING is a subordinate building not used as living space for the residents and the use of which is merely incidental to that of the main building.  Included, but not limited to, this definition and the scope of this section, are buildings commonly designated “storage structures,” “utility buildings,” “recreational buildings,” “storage sheds,” “carports,” “workshops” and “guest cottages.”

(B)   Prohibition.  From and after the passage of this section, accessory buildings will not be permitted to be erected in the city.