City of Bowling Green, Kentucky

Citation Number:
2024-00012348.1

Date Issued:
Tue, Aug 27, 2024 8:29 AM

Status:
Paid/Fees Waived

Total Citation Amount:
$505.54

Name of Person Cited:
M&R 1 LLC

Property in Violation:
2724 SCOTTSVILLE RD
BOWLING GREEN KY 42104
PVA Parcel #: 052A04 001A

Property Owner:
M & R 1 LLC
833 PIPERS LN
BRENTWOOD TN 37027

Code Compliance Officer:
Brad Schargorodski

Inspection Date:
Tue, Aug 27, 2024 8:30 AM

Code:
IPMC 109.1.4 Unlawful Structure

Code Description:
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. Portions of the Vape shop at the location known as 2714 Scottsville Rd were erected and altered without proper plans, permits or inspections. Improper construction has lead to inadequate fire egress, improper lighting and wiring, and insufficient fire suppression system. An extended period of time has been allowed for the property and business owner to come into compliance, provide a plan of action to the City, or bring the property up to code without any action whatsoever. The business and building constitute a hazard to surrounding businesses due to electrical violations and inadequate fire suppression system.

Code:
IPMC 7.704.1.1 Automatic Sprinkler Systems Fire Safety Requirements / Fire Protection Systems / General

Code Description:
Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25. The automatic sprinkler system at the Vape shop at the location known as 2714 Scottsville Rd has been altered by painting the sprinkler heads. As such the system is no longer maintained in accordance with this code, the International Fire Code or International Building Code.

Code:
IPMC 3.302.3 Sidewalks and Driveways General Requirements / Exterior Property Areas

Code Description:
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. The parking lot at this location is not maintained in good condition and free of hazards. A portion of the freestanding identification sign adjacent to the access road has fallen and shattered on the parking lot, and the remaining sign is not in good repair and poses a future hazard to passersby and the traveling public. Adjacent lots are property surfaced and striped, however at this property there are potholes and deteriorating asphalt conditions throughout the lot, and parking areas are not properly maintained.

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. The Vape shop at the location known as 2714 Scottsville Rd is vacant and not maintained in good repair. It is characterized by numerous interior code violations, and no signs of owners or tenants are present at the property during multiple visits by city staff. Paper on the inside of windows is torn and falling, and the overall exterior appearance of the business is of disrepair and lack of maintenance.

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 outdoors on the property including, but not limited to, scattered plastic and debris from fallen signs in parking lot.

Code:
IPMC 6.605.4 Wiring Mechanical & Electrical Requirements / Electrical Equipment

Code Description:
Flexible cords shall not be used for permanent wiring, or for running through doors, windows or cabinets, or concealed within walls, floors, or ceilings. Wiring at the Vape shop at the location known as 2714 Scottsville Rd is not properly installed in conduit, and Romex is used in improper locations for installation.

Code:
IPMC 6.604.3.1.- Electrical System Hazards Mechanical & Electrical Requirements / Electrical Facilities / Electrical System Hazards / Abatement of electrical hazards associated with water exposure

Code Description:
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Portions of the electrical system at the Vape shop at the location known as 2714 Scottsville Rd have been installed without proper permits or inspections, are inadequately or improperly installed, wired and constructed, and the lighting system is not UL listed or safely wired and installed.

Code:
BGKY C27 27.4.02.a.4 Inadequate Facilities for Egress 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 having inadequate facilities for egress in case of fire or other events, or having insufficient stairways, fire escapes or other means of travel; 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. Due to walls and rooms built without proper plans or permits, there is inadequate egress from rooms in the left rear corner of the Vape shop at the location known as 2714 Scottsville Rd.

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. There are multiple code violations on the parcel addressed as 2724 Scottsville Road, including, but not limited to, dilapidated and dangerous sign, vacant and dangerous business at the location known as 2714 Scottsville Rd., accumulated rubbish, lack of property maintenance or upkeep.

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 freestanding identification sign adjacent to the Scottsville Rd access Road on this premises is not maintained in good repair or safe condition. Portions of the sign have fallen out and shattered in the parking lot, and remaining signage presents a danger to passersby and the traveling public.

Code:
IBC 105.1 Permit Required Permit Required

Code Description:
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Rooms and walls have been built, electrical wiring and fixtures added, and lighting installed at the Vape shop at the location known as 2714 Scottsville Rd, all without proper plans, permits or inspections on file with the City Building Division. An extended period of time has been allowed for the property and business owner to come into compliance, provide a plan of action to the City, or bring the property up to code without any action whatsoever. The business and building constitute a hazard to surrounding businesses due to electrical violations and inadequate fire suppression system.