City of Bowling Green, Kentucky

Citation Number:
2022-00001498.10

Date Issued:
Mon, Jul 18, 2022 11:24 AM

Status:
Final Order

Total Citation Amount:
$104.57

Name of Person Cited:
RUSSELL HANKINS/ACELAND HOLDINGS LLC

Property in Violation:
1207 FAIR ST
BOWLING GREEN KY 42101
PVA Parcel #: 039B13 093

Property Owner:
ACELAND HOLDINGS LLC
PO BOX 747
BOWLING GREEN KY 421020747

Code Compliance Officer:
Heather Lashley

Inspection Date:
Mon, Jul 18, 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. Due to a fire on the property, it was observed that the primary structure has fire damage, is only partially boarded up and secured, there are broken windows, and the crawlspace is exposed. It was also observed that the shed has extensive fire damage and is severely dilapidated.

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. During a recent inspection, it was observed that there are broken windows on the structure.

Code:
IPMC 3.301.3 Vacant Structures and Land General Requirements / General

Code Description:
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. During a recent inspection after a fire that caused structural damage at this property, it was observed that this premises is vacant and not maintained.

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. During a recent inspection, it was observed that both the primary structure and an accessory structure/shed have significant fire damage due to multiple fires that have occurred at the property.

Code:
BGKY C27 27.4.02.a.5 Additional Building Characteristics 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 characterized by disconnected utilities, extensive broken glass, peeling or flaking paint on the exterior walls, loose or rotting materials on the roof or the exterior walls; 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. During a recent inspection, it was observed there is damage to both the primary structure and an accessory structure/shed due to multiple fires that have occurred at the property, including but not limited to, broken glass, loose or rotting materials on the roof or the exterior walls; etc.

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. During a recent inspection it was observed that the structures are vacant and not secured or boarded up.

Code:
BGKY C27 27.1.03.Abandoned Definitions: Abandoned Property Code / General Provisions / Definitions

Code Description:
“Abandoned” shall mean any structure that is vacant, unoccupied or not in use for a period of one (1) year or more and which is any of the following: neglected, dilapidated, unsanitary, vermin infested, not serviced by public utilities, dangerous to the safety of person, unfit for its intended use by reason of neglect or lack of maintenance, has become a place for the accumulation of trash or debris or is the subject of a building permit requirement and has not satisfactorily passed building inspection in the last six (6) months or more. Per BGMU this property has not had utility service since May 25. 2021.

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. After a fire that caused structural damage at this property, it was observed that this building is vacant and not maintained. The building is considered dangerous, there are multiple code violations present, and the owner is not maintaining the premises.

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. Due to a fire on the property, it was observed that the fire destroyed the shed on the property causing it to be dilapidated and dangerous.