City of Bowling Green, Kentucky

Citation Number:
2024-00016235.11

Date Issued:
Mon, Mar 31, 2025 1:52 PM

Status:
Final Order

Total Citation Amount:
$1,000.00

Name of Person Cited:
V & T Phungs Property LLC

Property in Violation:
111 14TH AVE W
BOWLING GREEN KY 42101
PVA Parcel #: 039B15 093

Property Owner:
V & T PHUNGS PROPERTY LLC
1006 BLUE BELL WAY
BOWLING GREEN KY 42104

Code Compliance Officer:
Journee Nickson

Inspection Date:
Mon, Mar 31, 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. The rock in the gutter was approved to fill a curb cut but traffic safety cones were required in order to protect pedestrians and traffic.

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. The job site does not have proper BMPs installed to keep sediment out of the roadway. There is not a proper construction entrance for this job site. The permittee ripped out the sidewalk, curb, and gutter but did not add BMPS to keep Constuction site run off out of the gutter and roadway. Upon a site meeting on 03/25, BMPS and 57s were required as a compliance item.

Code:
BGKY C21 21.1.03.b/c Damage to curbing, sidewalk, pavement, or City owned public infrastructure in ROW Public Infrastructure, Rights-of-Way and Stormwater / General Provisions / Damage to Curbing, Pavement, Sidewalk & Other Public Infrastructure

Code Description:
21.1.03.b It shall be a civil violation for any person to negligently damage any curbing, pavement, sidewalk, road signs, traffic signal equipment, street lights and drainage structures or other public infrastructure within City rights-of-way. The Public Works Department shall have the authority to notify any violator to require corrective action. If proper repairs are not made, the City may repair or contract to repair and the violator shall be responsible for the costs incurred by the City for such repair. 21.1.03.c In addition to the remedies above, the City Attorney is authorized to pursue any and all appropriate civil actions in order to recover the City’s costs for making repairs. All sidewalk, driveway entrances, and curb must be repaired according to city standards. The contractor responsible for damaging or replacing city infrastructure must also maintain safety maintenance. Upon a site meeting on 03/25, Tai acknowledged that the city was requesting safety cones be placed in the right of way where the undercut asphalt was as a result of digging a hole for utilities. An inspection on 03/27 conducted by Andy Souza, resulted in a failure as there were no safety measures installed in the right of way for either curb, gutter, and drive entrances.