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Chapter 156 Property Maintenance Code (PDF) - Louisville Metro ...

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irreparable, shall be immediately confiscated and/or destroyed.<br />

(1) Unsafe structure. An unsafe premises is one in which all or part thereof is found to be dangerous to life,<br />

health, property, or the safety of the public or its occupants by not providing minimum safeguards for protection from<br />

fire or because it contains unsafe equipment or its is so damaged, decayed, dilapidated, structurally unsafe, or of such<br />

faulty construction or unstable foundation that partial or complete collapse is possible, or because of the existence of a<br />

public nuisance, as defined herein.<br />

(2) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, cooking equipment,<br />

elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises<br />

or within the structure which is in disrepair or condition that is a hazard to life, health, property or safety of the public<br />

or occupants of the premises or structure, or is not approved for use by the <strong>Code</strong> Official.<br />

(3) Structure unfit for human occupancy. A structure is unfit for human occupancy or use whenever the <strong>Code</strong><br />

Official finds that it is unsafe, unlawful, or because of the degree in which it lacks maintenance or is in disrepair, is<br />

unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or<br />

heating facilities or other essential equipment required by this chapter, or because its location constitutes a hazard to<br />

its occupants or to the public.<br />

(4) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons<br />

than, permitted under this chapter, or was erected, altered or occupied contrary to law.<br />

(B) Closing of vacant structures. If the structure or part thereof is vacant and open to unauthorized entry, the<br />

<strong>Code</strong> Official shall issue a notice to remedy the violation by instructing the owner of such premises to cover or secure<br />

each door, window or other opening that is located within ten feet of grade or accessible from grade by stairs or roofs<br />

within ten feet of grade. If condition only involves one dwelling unit in a structure, only that unit will be affected.<br />

Upon failure of the owner to remedy the violation in accordance with the notice, the <strong>Code</strong> Official shall issue a<br />

citation.<br />

(1) On a recommendation in writing from the appropriate Fire Districts, <strong>Louisville</strong> <strong>Metro</strong> Fire Department,<br />

<strong>Louisville</strong> <strong>Metro</strong> Police Department, <strong>Louisville</strong> <strong>Metro</strong> Public Health and Wellness Department or the assessment of the<br />

<strong>Code</strong> Official (in compliance with standards established in regulations as developed by the <strong>Code</strong> Official) that an<br />

emergency exists, the <strong>Code</strong> Official may board a structure without prior notice to the owner. An "emergency" exists<br />

for purposes herein when the boarding of the structure is necessary to protect and preserve the health, safety, or<br />

property of the owner, tenants, or the public. In addition, the <strong>Code</strong> Official, on his or her own motion may board a<br />

structure without prior notice to the owner when the structure has been ordered vacated pursuant to this chapter to<br />

protect and preserve the health, safety or property of the owner, tenants, or the public, or after service of a warrant<br />

executed pursuant to this chapter. The <strong>Code</strong> Official shall provide written notice to the owner and tenants of the<br />

structure of the execution of an order to board as soon as possible.<br />

(2) The <strong>Code</strong> Official may cause the utility service to be discontinued from a structure after it has been<br />

unoccupied for a period of six months and does not meet the vacant building maintenance standards and is not in the<br />

process of being rehabilitated as indicated by a valid building permit.<br />

(C) Notice. Whenever the <strong>Code</strong> Official has condemned a structure or equipment under the provisions of this<br />

section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on<br />

the owner or the person or persons responsible for the structure or equipment in accordance with this § <strong>156</strong>.804. If the<br />

notice pertains to equipment, it shall also be placed on the condemned equipment and the notice shall be in the form<br />

prescribed in § <strong>156</strong>.804.<br />

(D) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the<br />

time given, the <strong>Code</strong> Official shall post on the premises or on defective equipment a placard bearing the word<br />

"Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or<br />

removing the placard.<br />

file:///C|/...REGULATIONS%20WEBPAGE%20DOCUMENTS/LMCO%20CHAPTER%20<strong>156</strong>%20PROPERTY%20MAINTENANCE.htm[5/8/2012 11:03:10 AM]

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