Code Enforcement & Nuisance Board

Citation (Citation #: 2025-00006982.3)

General Information

Citation Number:
2025-00006982.3

Date Issued:
Thu, Mar 26, 2026 2:00 PM

Status:
Paid/Fees Waived

Total Citation Amount:
$14,000.00

Name of Person Cited:
A HIMALAYA USA PROPERTIES LLC, C/O SKY PROPERTY MGT

Property in Violation:
268 CHERRY FARM LN
BOWLING GREEN KY 42104
PVA Parcel #: 053C10

Property Owner:
A HIMALAYA KY PROPERTIES LLC
PO BOX 396
PRINCETON JUNCTION NJ 085500396

Code Compliance Officer:
Dara Price

Inspection Date:
Thu, Mar 26, 2026 7:45 AM

Code Violations (7)

EPSC

Code:
BGKY C21 21.2.09c Requirement to adhere to the COBG BMP Manual Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Construction Site Stormwater Management

Code Description:
General Requirements for Construction Site Stormwater Management. Requirements for the design, maintenance, and implementation of Best Management Practices (BMPs) are located in the BMP Manual. Site construction in the Service Area shall comply with the provisions of the BMP Manual. Stormwater Infrastructure and Sediment Control: • Storm pipes within the basin behind Buildings 6 and 7 must be cleared and restored to proper working condition. Approved Best Management Practices (BMPs), including but not limited to straw wattles, rock checks, or equivalent measures, must be installed and maintained to prevent sediment migration. Existing rutting and sediment displacement reflect ongoing site mismanagement and must be corrected. Improper Waste and Debris Management: • Construction debris, waste materials, and general trash are not properly contained. Immediate removal and lawful disposal of all debris from the site is required. Failure to Stabilize Exposed Soil: • All exposed soil areas lacking vegetative growth must be stabilized immediately using approved methods. In accordance with City of Bowling Green Ordinance, Chapter 21, exposed soil may not remain unstabilized for more than fourteen (14) days without active construction or stabilization. This includes the soil stockpile located at the front of the property, which must be stabilized if not actively in use. Hazardous Sinkhole Conditions: • Both sinkholes remain unaddressed despite prior notification. The sinkhole located near the rear porch of Building 3 has reopened and presents an immediate safety hazard to residents due to its proximity to occupied structures. This condition is unacceptable and must be addressed without delay. Required Engineered Sinkhole Remediation: • The sinkhole behind Building 6 requires a full engineered repair due to its impact on basin drainage capacity and overall site stability. The sinkhole behind Building 3 also requires engineered remediation and reinforcement, as previous corrective attempts have failed. Noncompliance with EPSC Requirements: • Previously permitted construction areas remain out of compliance with Erosion Prevention and Sediment Control (EPSC) standards. Required corrective actions include grading repair, site stabilization, and replacement or repair of failed drainage components, including pop-up emitters. Improper Grading and Drainage Failures: • Widespread grading deficiencies have resulted in rutting and standing water throughout the development. These conditions must be corrected immediately. Notable problem areas include behind Buildings 4, 1, and 2, where ponding indicates improper grading. Retaining Wall Failure and Sediment Discharge: • The retaining wall on the property is actively deteriorating and washing out, resulting in sediment being transported to the basin near the office trailer. This condition represents a failure of erosion control measures and must be immediately stabilized, repaired, and brought into compliance to prevent further sediment discharge. Illicit Discharge Violations: • Any discharge occurring without proper containment or authorization is strictly prohibited and must cease immediately. Appropriate containment and compliance measures must be implemented.

Illicit Discharge

Code:
BGKY C21 21.2.10b.1 Illicit Discharge; Applicability, Responsibility Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Purpose and Applicability

Code Description:
Illicit Discharges. No person shall discharge or cause the discharge of any material other than naturally occurring stormwater into the MS4 or any stormwater conveyance. This includes pollutants, hazardous materials, or any discharge that violates water quality standards or creates unsafe conditions in public rights-of-way. Stormwater Infrastructure and Sediment Control: • Storm pipes within the basin behind Buildings 6 and 7 must be cleared and restored to proper working condition. Approved Best Management Practices (BMPs), including but not limited to straw wattles, rock checks, or equivalent measures, must be installed and maintained to prevent sediment migration. Existing rutting and sediment displacement reflect ongoing site mismanagement and must be corrected. Improper Waste and Debris Management: • Construction debris, waste materials, and general trash are not properly contained. Immediate removal and lawful disposal of all debris from the site is required. Failure to Stabilize Exposed Soil: • All exposed soil areas lacking vegetative growth must be stabilized immediately using approved methods. In accordance with City of Bowling Green Ordinance, Chapter 21, exposed soil may not remain unstabilized for more than fourteen (14) days without active construction or stabilization. This includes the soil stockpile located at the front of the property, which must be stabilized if not actively in use. Hazardous Sinkhole Conditions: • Both sinkholes remain unaddressed despite prior notification. The sinkhole located near the rear porch of Building 3 has reopened and presents an immediate safety hazard to residents due to its proximity to occupied structures. This condition is unacceptable and must be addressed without delay. Required Engineered Sinkhole Remediation: • The sinkhole behind Building 6 requires a full engineered repair due to its impact on basin drainage capacity and overall site stability. The sinkhole behind Building 3 also requires engineered remediation and reinforcement, as previous corrective attempts have failed. Noncompliance with EPSC Requirements: • Previously permitted construction areas remain out of compliance with Erosion Prevention and Sediment Control (EPSC) standards. Required corrective actions include grading repair, site stabilization, and replacement or repair of failed drainage components, including pop-up emitters. Improper Grading and Drainage Failures: • Widespread grading deficiencies have resulted in rutting and standing water throughout the development. These conditions must be corrected immediately. Notable problem areas include behind Buildings 4, 1, and 2, where ponding indicates improper grading. Retaining Wall Failure and Sediment Discharge: • The retaining wall on the property is actively deteriorating and washing out, resulting in sediment being transported to the basin near the office trailer. This condition represents a failure of erosion control measures and must be immediately stabilized, repaired, and brought into compliance to prevent further sediment discharge. Illicit Discharge Violations: • Any discharge occurring without proper containment or authorization is strictly prohibited and must cease immediately. Appropriate containment and compliance measures must be implemented.

Illicit Discharge

Code:
BGKY C21 21.2.10e Failure to fulfill discharge monitoring requirements Public Infrastructure, Rights-of-Way and Stormwater/ Stormwater Quality/ Illicit Discharge; Pupose and Applicability

Code Description:
Inspections and Monitoring. 1. The Utility may inspect any facility or operation subject to this section to verify compliance. 2. Operators must: i. Allow immediate access to premises for inspection, sampling, and record review; ii. Maintain monitoring and sampling equipment in good condition and calibrate as necessary; iii. Remove any obstruction that prevents safe inspection access; iv. Install monitoring equipment when required by the Utility; and, v. Avoid interference with inspections. Denial of access constitutes a violation. If access is refused, and probable cause exists to believe a violation may be occurring, the Utility may seek a search warrant or other legal remedy to obtain entry.

EPSC

Code:
BGKY C21 21.2.10f Failure to properly implement required BMPs Public Infrastructure, Rights-of-Way and Stormwater/ Stormwater Quality/ Illicit Discharge; Pupose and Applicability

Code Description:
Pollution Prevention and Best Management Practices (BMPs). 1. The Utility shall review and approve BMPs for any activity or facility that may cause pollution or discharge hazardous materials. Property owners and operators must, at their own expense, implement and maintain structural and non-structural BMPs to prevent illicit discharges. 2. Where necessary, owners shall prepare and follow a Stormwater Pollution Prevention Plan (SWPPP) consistent with NPDES requirements.

Infrastructure

Code:
BGKY C21 21.2.10g Failure to protect a watercourse Public Infrastructure, Rights-of-Way and Stormwater/ Stormwater Quality/ Illicit Discharge; Pupose and Applicability

Code Description:
Watercourse Protection. Property owners or lessees through whose property a watercourse passes must keep it free of debris, vegetation, and obstructions that could impede flow or cause pollution. Structures within or adjacent to watercourses must be maintained to prevent hazards or interference with flow. Stormwater Infrastructure and Sediment Control: • Storm pipes within the basin behind Buildings 6 and 7 must be cleared and restored to proper working condition. Approved Best Management Practices (BMPs), including but not limited to straw wattles, rock checks, or equivalent measures, must be installed and maintained to prevent sediment migration. Existing rutting and sediment displacement reflect ongoing site mismanagement and must be corrected. Improper Waste and Debris Management: • Construction debris, waste materials, and general trash are not properly contained. Immediate removal and lawful disposal of all debris from the site is required. Failure to Stabilize Exposed Soil: • All exposed soil areas lacking vegetative growth must be stabilized immediately using approved methods. In accordance with City of Bowling Green Ordinance, Chapter 21, exposed soil may not remain unstabilized for more than fourteen (14) days without active construction or stabilization. This includes the soil stockpile located at the front of the property, which must be stabilized if not actively in use. Hazardous Sinkhole Conditions: • Both sinkholes remain unaddressed despite prior notification. The sinkhole located near the rear porch of Building 3 has reopened and presents an immediate safety hazard to residents due to its proximity to occupied structures. This condition is unacceptable and must be addressed without delay. Required Engineered Sinkhole Remediation: • The sinkhole behind Building 6 requires a full engineered repair due to its impact on basin drainage capacity and overall site stability. The sinkhole behind Building 3 also requires engineered remediation and reinforcement, as previous corrective attempts have failed. Noncompliance with EPSC Requirements: • Previously permitted construction areas remain out of compliance with Erosion Prevention and Sediment Control (EPSC) standards. Required corrective actions include grading repair, site stabilization, and replacement or repair of failed drainage components, including pop-up emitters. Improper Grading and Drainage Failures: • Widespread grading deficiencies have resulted in rutting and standing water throughout the development. These conditions must be corrected immediately. Notable problem areas include behind Buildings 4, 1, and 2, where ponding indicates improper grading. Retaining Wall Failure and Sediment Discharge: • The retaining wall on the property is actively deteriorating and washing out, resulting in sediment being transported to the basin near the office trailer. This condition represents a failure of erosion control measures and must be immediately stabilized, repaired, and brought into compliance to prevent further sediment discharge. Illicit Discharge Violations: • Any discharge occurring without proper containment or authorization is strictly prohibited and must cease immediately. Appropriate containment and compliance measures must be implemented.

Infrastructure

Code:
BGKY C21 21.3.05.b Property owner responsible for repair of sinkhole easements except single family and two family residential Public Infrastructure, Rights-of-Way and Stormwater / Construction, Repair, Permitting and Maintenance /Maintenance Responsibility

Code Description:
The property owner shall be responsible for all necessary repairs for any sinkhole collapse or damage to drainage structures which occur in a drainage easement other than a single or two-family residential.

Infrastructure

Code:
BGKY C21 21.3.01a Infrastructure not meeting specifications Public Infrastructure, Rights-of-Way and Stormwater / Construction, Repair, Permitting and Maintenance / Infrastructure Requirements

Code Description:
a.   New infrastructure or alterations of existing infrastructure must meet specifications set forth in the City-County Planning Commission Subdivision Regulations, City of Bowling Green Stormwater BMP Manual, Kentucky Transportation Cabinet (KYTC) Specifications for Road and Bridge Construction, current edition, or other local, regional or national standards or regulations as determined by the Public Works Director or designee. This infrastructure includes, but is not limited to streets, sidewalks and drainage appurtenances. Infrastructure on private property may also be subject to the requirements set herein if there is potential for impacts to right-of-way or adjacent properties due to the construction.

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