City of Bowling Green, Kentucky

Citation Number:
2022-00001580.5

Date Issued:
Tue, May 31, 2022 9:09 AM

Status:
Final Order

Total Citation Amount:
$154.28

Name of Person Cited:
GOLDEN FLOWER LLC

Property in Violation:
907 LOGAN WAY
BOWLING GREEN KY 42101
PVA Parcel #: 040B08 046

Property Owner:
GOLDEN FLOWER LLC
3685 FIELDCREST DR
BOWLING GREEN KY 421047580

Code Compliance Officer:
Brad Schargorodski

Inspection Date:
Tue, May 31, 2022 8:30 AM

Code:
IPMC 109.1.5 Hazardous Structure or Premises

Code Description:
For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous: 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 building, structure or portion thereof that is dangerous. 4. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 dwelling at this location was tornado damaged in December and remains in dangerous condition without repair or demolition. The property is vacant and unsecured, appears to be unlivable and in a partial state of collapse or deterioration, and there has been no voluntary compliance from the property owner despite multiple attempts to repair or demolish the damaged structure. Begin process to repair or demolish this structure as soon as possible. Failure to do so by the date listed on this citation may result in staff requesting the property be demolished by the city's contractor for the safety of the public, and the property owner will be responsible for all associated costs.

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. The dwelling at this location was tornado damaged in December and remains in dangerous condition without repair or demolition. The property is vacant and unsecured, appears to be unlivable and in a partial state of collapse or deterioration, and there has been no voluntary compliance from the property owner despite multiple attempts to repair or demolish the damaged structure. The property does not appear to be safe for habitation or occupation.

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 dwelling and structures at this location were tornado damaged in December and remain in dangerous condition without repair or demolition. The property is vacant and unsecured, and reportedly frequented by rodents, vagrants and is otherwise open to entry and the elements. Multiple attempts have been made to gain voluntary compliance from the property owner to take action on this structure without result. All structures should be secured as soon as possible, and must be secured by the date listed on this citation. In the event structures are not secured by this date, city contractors will board and secure the property for the safety of neighbors and the public, and the property owner will be responsible for all associated costs.

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 dwelling at this location was tornado damaged in December and remains in dangerous condition without repair or demolition. The property is vacant and unsecured, reportedly frequented by vagrants and rodents, and is not being maintained by the property owner. The property is characterized by multiple code violations and continues to generate complaints to our office from neighbors.

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 dwelling at this location was tornado damaged in December and remains in dangerous and dilapidated condition without repair or demolition. The property is vacant and unsecured, reportedly frequented by vagrants and rodents, and is not being maintained by the property owner.

Code:
BGKY C27 27.5.05.n Hoarding of materials

Code Description:
The accumulation of materials, trash, food, newspapers, magazines, old clothes and other items that create a serious fire or health hazard that can cause disease, contribute to vermin and/or insect infestations, affect the occupants of the building, neighbors, public safety personnel and the general public, or contribute to an unsanitary environment unfit for human habitation; The dwelling at this location was tornado damaged in December and remains in dangerous condition without repair or demolition. The property is vacant and unsecured, reportedly frequented by vagrants and rodents, and is not being maintained by the property owner. As such it has become an attractive nuisance to adjacent properties and passersby.