Code Enforcement
In September 2003, the City created a Code Enforcement Board and established the position of Citation Officer. This allowed the City another option to enforce noncompliance with City Ordinances, rather than taking property owners and residents to District Court.
If you have a complaint about a nuisance you would like the Code Enforcement Officer to investigate, you can compete this online Complaint Form.
What is a Code Enforcement Board?
The creation of a CEB was authorized by the State of Kentucky to allow local governments to issue remedial orders and to impose civil fines as an inexpensive alternative to ensure compliance with local ordinances. The only other alternative a City has to enforce local ordinances is to take the case to court, which takes a lot of time and money for both the City and the offender.
How Does the CEB Work?
First, a Citation Officer will issue a Notice of Violation to an offender. This Notice will explain the violation and how to correct it. The Notice will also give a date by which time the violation shall be corrected. A Notice is simply to inform the property owner or resident that a violation exists and to inform the owner or resident of the City Ordinances. At this point, there has been no fine issued.
If the violation is not corrected by the date in the Notice, the Citation Officer will then issue a Citation charging the offender with a civil offense. The Citation gives the offender two choices.
First, the offender may choose not to contest the citation and,
within seven days, pay the civil fine and correct the violation by a given date.
If the violation is not corrected, another citation can be issued with a higher
civil fine for the second offense.
Second, the offender may contest the violation and, within seven
days, request a hearing before the CEB. If the offender chooses to have a
hearing, and is found to have committed the violation, a larger penalty may be
imposed by the CEB up to a maximum, which is usually double the fine if the
violation is not contested. If the offender requests a hearing, the CEB will hold a public
hearing to receive evidence of the violation. The offender will also have the
opportunity to present their case. After receiving all evidence and testimony,
the CEB may issue orders necessary to remedy a violation and may impose civil
fines.
In addition, if the City has reason to believe the existence of the violation presents a serious threat to public health, safety, and welfare, and the violator has not corrected the violation, the City has the authority to take immediate action to correct the violation.
Once fines are assessed, the City shall then possess a lien on property owned by the person found to have committed a violation. In addition, the person found to have committed the violation shall be held personally responsible for all fines assessed, and for all charges and fees incurred by the City in connection with the enforcement of the ordinance.
ORDINANCES ENFORCED BY THE CITATION OFFICER
CHAPTER 90: ANIMALS
§ 90.02 ANIMALS RUNNING AT LARGE.
(A) No person who is the owner of any animal shall permit it to run at large in the public road, highway, street, lane, or alley, or upon unenclosed land, or permit it to go on any private yard, lot, or enclosure without the consent of the owner of the yard, lot, or enclosure.
(B) The owner of an animal who permits it to run at large in violation of this section is liable for all damages caused by such animal upon the premises of another.
CHAPTER 91: STREETS AND SIDEWALKS
§ 91.31 STREET AND SIDEWALK OBSTRUCTION.
No person shall obstruct any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building,
or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense.
§ 91.32 MATERIALS ON STREET OR SIDEWALK.
No person shall encumber any street or sidewalk. No owner, occupant, or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof.
CHAPTER 92: NUISANCES§ 92.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMOBILE PARTS. Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
CITY. The City of Elkton or the citys authorized agent.
DILAPIDATED STRUCTURE. Any vacant structure, which, for want of repairs, lack of sufficient fire escapes, deterioration, the accumulation of trash, garbage, or debris, being a haven for insects, rodents, or other vermin, is unsafe, unsanitary, especially, liable to fire loss, unfit for human habitation, occupancy, or use, or is dangerous or injurious to the health or safety of the occupants of the structure, the occupants of neighboring structures, or other residents of the city.
INOPERATIVE CONDITION. Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
MOTOR VEHICLE. Any style or type of motor driven vehicle used for the conveyance of persons or property.
NUISANCE. Public nuisance.
OWNER. Any person or entity that possesses any interest in real estate or any occupant of real estate.
PROPERTY. Property owned by any person or entity, including but not limited to land, yards, grounds, driveways, entrances or passageways, parking areas, storage areas, bodies of water, sidewalks, grass strips, and one-half of alleys, together with all structures and improvements.
SCRAP METAL. Pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
UNFIT FOR FURTHER USE. In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance. (Am. Ord. 1995-3, passed 4-10-95)
§ 92.02 COMMON LAW AND STATUTORY NUISANCES.
In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as is provided in this chapter or in accordance with any other provision of law. Penalty, see § 92.99
§ 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.
It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances:
(A) Dangerous trees or stacks adjoining street. Any tree, stack, or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(B) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another.
(C) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(D) Weeds and grass. The excessive growth of weeds, grass, or other vegetation. Unless otherwise provided, EXCESSIVE shall mean growth to a height of 12 inches or more. Exempted from this provision are flower gardens, plots of shrubbery, vegetable gardens, small grain plots and farmland under cultivation. Exemption under these terms cannot be claimed unless the land has been cultivated and cared for in a manner appropriate to such exempt categories.
(E) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(F) Trees and shrubbery obstructing streets, sidewalks, and drainage. The growing and maintenance of trees or shrubbery which in any way interferes with the use, construction, or maintenance of streets or sidewalks, causes injury to streets or sidewalks, or constitutes an obstruction to drainage.
(G) Keeping of animals or birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the city. The failure to keep an animals pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors.
(H) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes. If the owner/occupant of the property considers the inoperative vehicle(s) a collectors item, it/they can be stored on the property in an enclosed private garage that conforms to standards set forth in the zoning ordinance and in such a manner that would not be obtrusive to the neighborhood. Any inoperative vehicle that is offered for sale in a complying auto sales lot will have the vehicle displayed in a manner that will not be a detriment to the surrounding neighborhood or create the appearance of an auto junk yard.
(I) Dilapidated Structure as above described herein.
(J) Electrified fence. The use, maintenance, or installation of electrified fences, regardless of the source of power, wattage, voltage or amperage. Exempted from this provision is the use of an electrified fence when used inside a primary fence.
(K) Garbage and refuse
containers which are not fly-tight. All garbage and refuse must be fully
enclosed in the container.
(Am. Ord. 1995-3, passed 4-10-95; Am. Ord. 1999-11, passed 6-24-99; Am. Ord.
2006-4, passed 5-8-06) Penalty, see § 92.99
CHAPTER 98: HOUSE NUMBERING
§ 98.02 DISPLAY OF NUMBERS.
(A) The number identifying and designating each parcel of property shall be known as a "house number." The house number for each residence, dwelling, commercial establishment, or other building shall be displayed horizontally above the primary entrance to the structure, in permanent, or semi-permanent numbers measuring a minimum of three inches in height. The number shall be in "block type" letters, clearly legible, and visible from the street, and shall be affixed not later than January 15, 1983.
(B) Where physical obstructions block the view to the primary entrance, an additional set of numbers shall be displayed in some other prominent location visible from the street, looking in the direction of the main entrance of the structure.
CHAPTER 114: YARD SALES
§ 114.01 PERMIT REQUIRED FOR CONDUCT OF YARD SALE.
(A) It shall be unlawful for any person to conduct, operate, or permit to be operated in the city any yard sale, sidewalk sale, or garage sale for any purpose whatever unless a permit has been first obtained from the City Clerk/Treasurer/Tax Collector. All permits shall be granted for two days only, unless otherwise specifically stated therein. There shall be a fee of $10.00 charged for said permits. Any person to whom a permit has been issued under this section who abuses any condition set out in the permit or violates any limitations set forth therein shall subject the permit to immediate revocation.
(B) It is expressly declared to be the purpose of this chapter to limit yard sales, garage sales, or any type of rummage sales to two sales per year, per premises, and 48 hours per sale.
CHAPTER 151: ZONING
Below are the most common sections of the Zoning Ordinance that are violated. Any section of the Zoning Ordinance can be enforced by the Citation Officer. The entire Zoning Ordinance is available for review at City Hall during normal business hours.
§ 151.24 OUTDOOR ADVERTISING DISPLAYS.
(H) Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the Zoning Administrator, the owner thereof, or the person or firm maintaining the same, shall upon written notice from the Zoning Administrator, forthwith in the case of immediate danger and in any case within ten days, secure the same in a manner to be approved by the Zoning Administrator or remove such sign. If such order is not complied with in ten days, the Zoning Administrator shall remove the sign at the expense of the owner or lessee thereof.
(I) Any sign now or hereafter existing, which no longer advertises a bona fide business conducted, product sold, or activity or campaign being conducted, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building structure, or lot upon which such sign may be found within ten days after written notification from the Zoning Administrator and, upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the building, structure, or lot to which such sign is attached.
§ 151.29 TRAVEL TRAILER STORAGE.
Travel trailers, campers, or boats used exclusively for the purpose of traveling or camping and which do not exceed the width of eight feet or the length of 40 feet may be stored in the rear yard of any lot provided yard requirements as designated in this chapter are maintained.
§ 151.62 BUILDING PERMITS.
(A) Required prior to construction or alteration. It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving or alteration of any building, including accessory buildings, until the Zoning Administrator has issued a building permit for such work.
CHAPTER 110: BUSINESS LICENSE TAX
§ 110.03 LICENSE FEE REQUIRED FOR ENGAGING IN BUSINESS.
It shall be unlawful for any person, association, corporation, or other entity, to engage in any occupation, trade, or profession or other activity in the city without first having paid the license fees herein required. There shall be a penalty of 5% per month (up to a maximum of 25%) of the amount of any license fee herein imposed if the license fee is not paid on or before the date same shall have become due. Any person who shall fail, neglect, or refuse to pay the fees as herein prescribed, upon conviction, shall be subject to a fine as set forth in § 110.99.(Ord. 1978-3, passed 10-9-78) Penalty, see § 110.99
§ 110.04 ATTEMPTING TO AVOID PAYMENT.
Any person who shall fail, neglect, or refuse to make any return required by this chapter or any employer who shall fail to withhold the license fee or to pay over to the city those so withheld under the terms of this chapter, or any person who shall refuse to permit the City Clerk/Treasurer/Tax Collector or any agent or employee designated by him in writing to examine books, records, and papers pertaining to information under this chapter, or who shall knowingly make any incomplete, false, or fraudulent return, or shall attempt to do anything whatever to avoid the payment of the whole or any part of the license fee shall become liable to the city for such fees as well as the interest and penalty thereof and shall in addition, upon conviction, be subject to a fine or imprisonment as set forth in § 110.99.(Ord. 1978-3, passed 10-9-78) Penalty, see § 110.99
§ 110.05 FAILURE TO OBTAIN FORM NO EXCUSE.
The failure of any employer or license payer to receive or procure returns or other forms is not an excuse for failure to make any return, or to pay the license fee. (Ord. 1978-3, passed 10-9-78)
§ 110.35 DUTIES OF CLERK/TREASURER/TAX COLLECTOR AND DIRECTOR OF FINANCE
(C) The City Clerk/Treasurer/Tax Collector shall have the
following powers:
(1) The City Clerk/Treasurer/Tax Collector is authorized and
empowered to request from any licensee a certified audit prepared by the
licensee's accountants for the purpose of verifying the accuracy of any return
made, when the City Clerk/Treasurer/Tax Collector questions the accuracy of any
return made and that the licensee shall file the audit with the City
Clerk/Treasurer/Tax Collector within 30 days.
(2) Upon failure of the licensee to file an audit with the City Clerk/Treasurer/Tax Collector when requested, the City Clerk/Treasurer/Tax Collector personally, or his agents or employees, is authorized and empowered to examine the books, papers, and records of any employer, or supposed employer, or of any license payer, or supposed license payer, in order to verify the accuracy of any return made; or, if no return was made to ascertain the license fee imposed by this chapter. The City Clerk/Treasurer/Tax Collector may enforce this right by application to the appropriate court having jurisdiction over these matters.
(3) Every employer or supposed employer, and every license payer or supposed license payer, is required to furnish to the City Clerk/Treasurer/Tax Collector or his duly authorized agents and employees, the means, facilities, and opportunity for such examinations, investigations, and audits as are authorized in any way by this chapter.
(4) The City Clerk/Treasurer/Tax Collector is further authorized to examine under oath any person concerning any income which was or should have been returned for license fee and to this end the City Clerk/Treasurer/Tax Collector has the right and power to compel the production of books, papers, and records and the attendance of all persons before him whether as parties or witnesses, whom he believes to have knowledge of such income.
(5) Refusal of any such examination of any employer or persons subject to the license fee or presumed to be such employer or persons, constitutes a violation punishable by fine.
(6) Agents and employees charged with duty of inspection or auditing of records of employers and license payers will carry proper identification, which shall be subject to examination by any person whose records are sought to be examined.