City of Bowling Green, Kentucky

Citation Number:
2025-00000684.1

Date Issued:
Mon, Feb 3, 2025 11:29 AM

Status:
Pending

Total Citation Amount:
$0.00

Name of Person Cited:
3 BROS, LLC

Property in Violation:
5402 BAKERS SPRING ST 1011 College St
BOWLING GREEN KY 42101
PVA Parcel #: 029B06 078

Property Owner:
3 BROS, LLC
8775 NASHVILLE RD
BOWLING GREEN KY 42101-8736

Code Compliance Officer:
Dara Price

Inspection Date:
Mon, Feb 3, 2025 8:15 AM

Code:
BGKY C21 21.1.04 Construction materials or debris on street Public Infrastructure, Rights-of-Way and Stormwater / General Provisions

Code Description:
It shall be a civil violation for any person to track or leave upon any city street, alley or sidewalk any construction materials or debris so as to obstruct or impede traffic or cause property damage or personal injury. Additionally, any person performing work at a construction site on or near any street, alley or sidewalk shall comply with the standards of the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) and with right-of-way work permit requirements. Broken Sidewalk that has been crushed due to construction traffic

Code:
BGKY C21 21.2.04.a Illicit Discharge; Applicability, Responsibility Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Other than naturally-occurring stormwater, no person shall discharge or cause to be discharged into the MS4, or any conveyance, any materials, including but not limited to pollutants or hazardous materials or waters containing any pollutants or hazardous materials that cause or contribute to a violation of applicable water quality standards. Allowable discharges that create or have the potential to create unsafe conditions on city streets or other public rights-of-way are prohibited. The commencement, conduct or continuance of any illegal discharge to the MS4 or any conveyance is prohibited. Illicit discharge / Drywall and Grout washout in unauthorized area on bare ground. No containment system

Code:
BGKY C21 21.2.04.i Failure to fulfill discharge monitoring requirements Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
This Section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity. 1. The City shall be permitted to enter and inspect facilities subject to regulation under this Section as often as may be necessary to determine compliance with this Section. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow immediate access to representatives of the City. 2. Facility operators shall allow the City immediate access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. 3. The City shall have the right to install on any permitted facility such devices as are necessary in the opinion of the Public Works Director or designee to conduct monitoring and/or sampling of the facility's discharge. 4. The City shall have the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of City and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Any interference with allowing the City access to a permitted facility is a violation of this Section. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits a violation if the person denies the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Section. 7. If the City has been refused access to any part of the premises from which stormwater is discharged and is able to demonstrate probable cause to believe that there may be a violation of this Section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Section, or any order issued hereunder to protect the overall public health, safety and welfare of the community, the City may seek all appropriate remedies from any court of competent jurisdiction, including the issuance of a search warrant. Illicit discharge / Drywall and Grout washout in unauthorized area on bare ground. No containment system

Code:
BGKY C21 21.2.04.j Failure to properly implement required BMPs Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Requirement to prevent, control and reduce stormwater pollutants by the use of BMPs. The City shall review and approve BMPs for any activity, operation or facility that may cause or contribute to pollution, discharge of hazardous materials or has the potential to contaminate naturally occurring stormwater or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or any conveyance through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise which is, or may be, the source of an illicit discharge may be required to implement, at such person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants or hazardous materials to the MS4 or any conveyance. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Mud track out / BMP's not installed/ Construction drive not installed properly without proper fabric and radius at entryway to road

Code:
BGKY C21 21.1.01.a/b and 21.1.02 Obstruction on City Prop/ROW Public Infrastructure, Rights-of-Way and Stormwater / General Provisions

Code Description:
21.1.01.a It shall be a civil violation as set out in Chapter 27 of this Code for any person to erect or place or cause to be erected or placed any building, sign, fence, brick mailbox or column on any city street, alley, sidewalk, right-of-way or any other real property owned or occupied by the City. Other obstructions, including but not limited to large rocks or boulders, posts, stakes and landscape that are deemed a safety hazard to the public shall also be prohibited, with the exception of public utility infrastructure. 21.1.01.b Any structure that exists within right-of-way as of September 1, 2012 may remain, but may not be enlarged, moved or structurally altered in a way that increases its nonconformity. The Public Works Director or designee shall have the authority to remove the structures should they be deemed an immediate safety concern or impede any public improvement project of the City’s streets and infrastructure. Voluntary demolition of a nonconforming structure nullifies its nonconforming rights. If involuntarily destroyed or removed, the nonconforming structure shall retain its nonconforming rights for a period of one year. Failure to re-establish the structure within one (1) year nullifies the nonconforming rights. 21.1.02 Every person owning or acting as agent for or occupying any building or lot in the City shall keep, or cause the sidewalk and right-of-way adjacent to such building or lot to be kept open and free from obstructions, barriers and impediments as described hereinabove; provided however, the Public Works Director or designee may allow a temporary obstruction if such obstruction is removed within twenty-four (24) hours following installation. The Public Works Director or designee shall have the authority to remove obstructions within a notified period of time and, if an emergency exists, may order immediate removal of an obstruction without prior notice. Broken Sidewalk that has been crushed due to construction traffic

Code:
BGKY C21 21.3.02.a.2/3 Access to street does not comply/wasn't approved Public Infrastructure, Rights-of-Way and Stormwater / Construction, Repair, Permitting and Maintenance / Traffic Management Design Requirements

Code Description:
21.3.02.a.2 General Requirements for Access Control. Requirements for access are located in the Access Management section of the City’s Traffic Management Manual. Any access to a city-maintained right-of-way/roadway must comply with the requirements set forth in that Manual and/or be approved by the Public Works Director or designee. 21.3.02.a.3 State Requirements for Access Control. All applicable State requirements must be met when seeking access approval to a State or Federal highway. Additionally, any access to state roads within city limits shall be reviewed by the City and City-County Planning Commission. Sidewalk not installed/ Entrance is not proper construction entrance/ Impeding on adjacent property leaving mud and track out/ Broken sidewalk that now has to be repaired