This chapter shall be known as the Property Maintenance/Nuisance Code of the Louisville Metro Government, hereinafter referred to as the existing structures code or "this code." This chapter is enacted pursuant to KRS 67.083(3)(a), (j) and (k) and 65.8801 et seq.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)

   The provisions of this chapter shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration; enforcement and penalties. These requirements and standards shall also be applied to the exterior of occupied and vacant nonresidential structures.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   This chapter shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   General. The provisions of this chapter shall apply to all matters affecting or relating to structures and premises, as set forth in § 156.002. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.

   (B)   Maintenance. Equipment, systems, devices and safeguards required by this chapter or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this chapter are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.

   (C)   Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the codes and regulations listed in the Appendix. Nothing in this chapter shall be construed to cancel, modify or set aside any provision of any version of the Land Development Code adopted by a local government in Jefferson County.

   (D)   Existing remedies. The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, unsafe and unsanitary.

   (E)   Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this chapter shall be executed and installed in a workerlike manner and installed in accordance with the manufacturer’s installation instructions.

   (F)   Historic buildings. The provisions of this chapter shall not be mandatory for existing buildings or structures designated by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety and welfare.

   (G)   Referenced codes and standards. The codes and standards referenced in this chapter shall be those that are listed in the Appendix and considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and the referenced standards, the provisions of this chapter shall apply.

   (H)   Requirements not covered by chapter. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this chapter, shall be determined by the Code Official.

   (I)   Existing buildings. A building facility, or portion thereof, which was constructed and approved prior to the effective date of this chapter and it administrative regulations, shall be maintained as previously permitted. A change to the construction of the building in excess of that required by the codes at the time of construction shall not be required if the building is used and maintained as originally approved. Exception: If the Code Official deems that the health and safety of the public is jeopardized in relation to handrails and guardrails and/or attics and basements used for sleeping purposes, the owner shall alter or repair the structure to provide the minimum level of health and safety as may be required by the Code Official by regulation.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.

   (B)   Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

   (C)   Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, ASME A17.1 or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes.

   (D)   Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

   (E)   Parts. Whenever the words DWELLING UNIT, DWELLING, PREMISES, BUILDING, ROOMING HOUSE, ROOMING UNIT or STORY are stated in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

   ABATEMENT COSTS. Louisville Metro Government's costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises to maintain and preserve public health, safety, and welfare in accordance with the portion of Louisville Metro Government's nuisance code pertaining to the condition of and maintenance of structures or premises, adopted pursuant to KRS 65.8801 et seq.

   APPROVED. Approved by the Code Official.

   BASEMENT. That portion of a building, which is partly or completely below grade.

   BATHROOM. A room containing plumbing fixtures including a bathtub or shower.

   BEDROOM. Any room or space used or intended to be used for sleeping purposes.

   CODE OFFICIAL/DIRECTOR. The Director of the Department of Codes and Regulations or any duly authorized representative who is charged with the administration and enforcement of this chapter.

   CONDEMN. To adjudge unfit for occupancy.

   DILAPIDATED ABANDONED PROPERTY. Any vacant structure or vacant unimproved lot or parcel of ground in a predominantly developed urban area which has been vacant or unimproved for a period of at least one year and which:

      (1)   Is rundown, decrepit, unsanitary, unsafe, vermin infested, or otherwise dangerous to the safety of persons, it is unfit for its intended use; or

      (2)   By reason of neglect or lack of maintenance has become a place for the accumulation of trash, debris and weeds in which Metro Government has in the past year abated a nuisance violation and in which there has been no response contact by the owner or possessor of the structure or lot with respect to any notice of violation and/or citation issued by Louisville Metro Government for at least one year.

   DONATION DROP-OFF BIN. Any receptacle or container located outside of an enclosed building and designed, intended or used for collection and temporary storage of donated items or materials including, but not limited to, clothing, shoes, books, toys, furniture, household materials and other like items. Donation drop-off bins are also known as donation collection bins/boxes, charity bins/boxes, clothing bins/boxes, clothing donation containers, or any combination thereof.

   DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

   EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.

   EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

   GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

   GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

   HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

   HOTEL. A building or structure kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are furnished to the public, and includes motels, tourist homes, and similar establishments, but excludes boarding houses and rooming houses.

   IMMINENT DANGER. A condition, which could cause serious or life-threatening injury or death at any time.

   INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

   LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.

   LAW ENFORCEMENT OFFICERS. A member of a lawfully organized police unit or police force of Louisville Metro Government or a suburban city of Jefferson County, who is responsible for the detection of crime and the enforcement of the general criminal laws of the state, as well as sheriffs, sworn deputy sheriffs, and campus police officers employed by an agency located in Jefferson County.

   LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

   OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.

   OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.

   OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

   OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

   OWNER. A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.

   PERSON. An individual, corporation, partnership, trustee, lessee, agent or assignee or any other group acting as a unit.

   PREMISES. Any building, structure, parking lot, parcel of land, common area, driveway, open space or any portion thereof or the ground itself.

      (1)   A person who for compensation or other financial consideration solicits contributions in this County directly or indirectly, for or on behalf of a charitable organization. A person qualifies as a professional solicitor if he/she is hired on a fee, commission, or percentage basis and the work is performed by him/her or his agents or the employees or volunteers of the benefitting charitable organization under the direction, supervision, or instruction of the solicitor. A professional solicitor conducts or supervises specific fundraising activities or events in which gifts are solicited, received, and deposited by the professional solicitor or his/her agents, expenses are paid, and net proceeds delivered to the charitable organization. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a professional solicitor, unless he/she is employed or engaged as a fundraising consultant or a professional solicitor by another charitable organization.

      (2)   Any person, professional solicitor, fundraising consultant, or telemarketer who acts as a subcontractor or agent or employee for or on behalf of any person, professional solicitor, or fundraising consultant to solicit contributions in Jefferson County directly or indirectly for or on behalf of any charitable or civic organization, for purposes of this chapter shall be considered as a professional solicitor and shall comply with all provisions of this chapter.

   PUBLIC NUISANCE. Includes the following:

      (1)   Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, swimming pools, ponds, basements, excavations, and unsafe fences or structures, as well as the keeping, placing or storage of any refrigerator, ice-box, ice-chest or other similar device or appliance, accessible to children on the exterior premises or in any common hallway, public area or premises; or

      (2)   Any premises which has unsanitary sewerage, plumbing facilities, or storm drainage; or

      (3)   Any premises designated as unsafe for human habitation or use; or

      (4)   Any premises which is manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property; or

      (5)   Any premises from which the plumbing, heating and/or facilities required by this chapter, have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided except in times of repair or renovation by management; or

      (6)   Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds or contains vehicles in violation of § 156.052(H); or

      (7)   Any tree which is in danger of collapse or which poses a danger of contamination because of disease, decay, injury, infestation, or damage; or

      (8)   Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter and or in danger of collapse or failure and dangerous to anyone on or near the premises; or

      (9)   The disposal or accumulation of any foul, decaying, or putrescent substances or other offensive materials dangerous to public health in or on any premises which shall by reason of offensive odors become injurious to the health of any person; or

      (10)   Any item which is stored or used in a manner which the elements degrade the object/material causing a health or safety issue.

   ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

   ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

   RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials, and the residue from the burning of wood, coal, coke, and other combustible materials.

   STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act, which was prohibited, or failed to do an act, which the defendant was legally required to do.

   STRUCTURE. That which is built or constructed or a portion thereof.

   TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

   TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.

   VACANT. A structure, which is not legally occupied, or legally in use.

   VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

   WORKERLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, inline; undamaged and without marring adjacent work.

   YARD. An open space on the same lot with a structure.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 106-2008, approved 6-30-2008; Lou. Metro Am. Ord. No. 124-2009, approved 8-31-2009; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. 233-2012, approved 12-24-2012, effective 2-22-2013; Lou. Metro Am. Ord. No. 76-2014, approved 5-23-2014; Lou. Metro. Am. Ord. No. 181-2015, approved 10-26-2015; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 113- 2017, approved 6-22-2017; Lou. Metro Am. Ord. No. 111-2021, approved 8-17-2021; Lou. Metro Am. Ord. No. 29-2022, approved 3-8-2022; Lou. Metro Am. Ord. No. 003-2023, approved 2-7-2023; Lou. Metro Am. Ord. No. 106-2025, approved 8-8-2025)

   (A)   Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures., equipment and exterior property.

   (B)   Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises, which they occupy and control.

   (C)   Vacant structures and land. 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.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

         (a)   A listed or approved cooking stove or similar device designed for cooking food, properly installed with all necessary connections for safe, sanitary and efficient operation, and in proper working condition, to be supplied by the owner; provided, however, the owner may specify that this shall be the responsibility of the occupant if sufficient space and adequate connections are provided.

         (b)   A refrigerator or similar device capable of the safe storage of food at temperatures less than 50ºF. but more than 3ºF. under ordinary

maximum summer conditions, properly installed with all necessary connections for safe, sanitary and efficient operation, and in proper working condition, to be supplied by the owner; provided, however, the owner may specify that this shall be the responsibility of the occupant if sufficient space and adequate connections are provided.

         (c) Cabinets or shelves of sound construction and easily cleanable, to be furnished by the owner, for the storage of eating, drinking, and cooking equipment and utensils, and of food that does not under ordinary summer conditions require refrigeration for safe keeping, to be supplied by the owner.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 44-2005, approved 4-19-2005; Lou. Metro Am. Ord. No. 160-2005, approved 10-18-2005; Lou. Metro Am. Ord. No. 30-2007, approved 3-12-2007; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 201-2024, approved 11-24-2024)

   (A)   Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition, free of all garbage, rubbish, debris, waste, and trash. It shall be unlawful for any person to place, throw, leave, or permit to remain any rubbish waste, debris, or garbage upon any real property of which they are an owner or occupant.

   (B)   Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Water retention areas and/or reservoirs approved by the Metropolitan Sewer District are exempted.

   (D)   Weeds. All premises shall be maintained free from weeds or plant growth in excess of ten inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens. Any plant growth exceeding ten inches in height on land of more than three acres that abuts another parcel which contains a dwelling or commercial building thereon other than crops, trees, bushes, flowers or other ornamental plants, shall be at least 50 feet from the property line or 200 feet from an occupied structure, whichever is less.

      (1)   At all times the managed landscape must remain in compliance with Chapter 97 of the Louisville/Jefferson County Metro Government Code of Ordinances. In addition, the managed landscape must be set back from property lines by at least five feet. The setback is not required where the defined landscape area abuts another similar private or public landscape area, a wetland, pond, lake or stream or if a fully opaque fence at least four feet in height is installed along the lot line adjoining the planned landscape area; and

      (2)   The managed landscape must be mowed or cut back at least once per year in addition to ongoing maintenance: and

      (3)   The area must be clearly defined by edging, fencing, or similar material. A native planting that directly abuts at least two feet of mowed and maintained turf grass will be considered to have adequate edging; and

      (4)   The area of plant growth must not extend into the public right of way; and

      (5)   A sign must be posted on the property in a location likely to be seen by the public, advising that native plants are being established. The Office of Advanced Planning and Sustainability will work with community partners to provide access to appropriate signage; and

      (6)   Noxious weeds are not allowed (KRS 176.051); and

      (7)   Managed natural landscapes shall not include turf-grass lawns left unattended.

   (F)   Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re- infestation. Information to alleviate and prevent the infestation of insects, mosquitoes, flies, rats and other vermin may be obtained from the Louisville Metro Public Health and Wellness Department.

      (1)   Storage and maintenance. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle or trailer shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited on residentially zoned or used property. A vehicle or trailer of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

      (5)   Removal by Metro Government. In the event that any person fails to comply with an order to abate issued pursuant to this section, the Code Official may have the motor vehicle and/or trailer parked or stored in violation of this section, removed and impounded in accordance with the terms set forth in § 156.052(I); or if the violation is of § 156.052(H)(3) the Code Officer may, instead of impoundment of the motor vehicle and/or trailer, remove and dispose of the offending rubbish, waste, debris, or garbage. The Code Official may impose on the person violating the order reasonable and necessary costs to cover the direct and indirect costs, if any, of the removal and disposal of any rubbish, waste, debris, or garbage. Appeals of the imposition of such costs shall be made pursuant to the procedures of § 156.808.

      (2)   Impoundment period and release upon payment. Any motor vehicle or trailer impounded under this section shall be held for a minimum of 24 hours. After 24 hours, and before the expiration of the appeal period contained in § 32.283, Louisville Metro may release the motor vehicle to the owner or other person entitled to possession under the following conditions:

         (a)   Payment of all abatement expenses incurred by Louisville Metro Government including for the removal of any garbage, rubbish, debris, waste, and trash if at issue; and

         (b)   Payment of all towing, handling, impoundment, and storage charges imposed.

         (a)   Within seven days of the impoundment of a motor vehicle and/or trailer, any person against whom a citation has been issued and/or the owner of a motor vehicle that has been impounded pursuant to this section, or other person entitled to possession, may request a hearing on the citation and impoundment by requesting in writing a hearing before the Code Enforcement Board. The hearing shall be conducted within ten business days of the date of the request, unless the owner or other person entitled to possession waives the limitation or Metro Government shows good cause for such delay. Metro Government shall retain possession of the motor vehicle and/or trailer pending the hearing, unless the owner or other person claiming right of possession posts a bond in an amount equal to the accrued costs pursuant to § 156.052(I)(2)(a) and (b) or $1,000, whichever is less.

         (b)   No less than five days prior to the date set for the hearing, Metro Government shall notify the person requesting the hearing of the date, time, and place of the hearing.

         (c)   The provisions of §§ 32.283 and 32.284 shall apply to any person who fails to request a hearing or fails to appear at the time and place set for a requested hearing.

         (d)   At the hearing, after consideration of the evidence, the Code Enforcement Board shall determine whether a violation was committed. Where it has not been established that a violation was committed, an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as bond because of the impoundment of the vehicle shall be returned. Where it has been established that a violation was committed, the Board shall uphold the impoundment and condition the release of the vehicle upon payment of all fines and fees accruing thereto set out in § 156.052(I)(2). If bond has been posted as security for release of the vehicle, said bond shall be forfeited to Metro Government up to the amount then owed pursuant to § 156.052(I)(2), with the remainder refunded. Any costs or fees in excess of the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to Metro Government. The Code Enforcement Board shall furnish the owner or person appearing on the owner's behalf with a copy of its order.

         (e)   An appeal of any citation, including the impoundment of a motor vehicle and/or trailer, shall utilize the procedures set forth in this chapter, § 156.808, and §§ 32.275 et seq.

      (4)   Additional requirements for release of a motor vehicle. Before the release of a motor vehicle and/or trailer pursuant to § 156.052(I)(2) or (3) the owner or other person entitled to possession, must establish proof of ownership or right to possession and the meeting of all other provisions of the Vehicle Impoundment Division of the Louisville Metro Government. Metro Government may require reasonable security, bond, or other assurances of indemnification from a person who is not the registered owner of the vehicle and/or trailer prior to releasing the vehicle to such person.

         (a)   An appeal from the Code Enforcement Board's determination may be made to the Civil Division of Jefferson District Court within 30 days of the Board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the Board's order in the same manner as any civil action. The action shall be tried de novo and the burden shall be on Metro Government to establish that a violation was committed. If the Court finds that a violation was committed, the owner shall be ordered to pay all fees and fines accruing as of the date of judgment. If the Court finds that a violation was not committed, Metro Government shall be ordered to release the motor vehicle and/or trailer, if applicable, and to return a posted bond or all fines, costs, and fees paid as a result of the impoundment.

         (b)   The judgment of the Jefferson District Court may be appealed to the Jefferson Circuit Court, in accordance with the Rules of Civil Procedure.

         (a)   After 45 days from the date of impoundment, if no appeal is filed, or if an appeal is filed, 45 days from the date of a final order of the last presiding administrative body or court with jurisdiction, an impounded motor vehicle and/or trailer shall be deemed abandoned and the vehicle and/or trailer shall escheat to Metro Government.

         (b)   If the vehicle and/or trailer is judged suitable for use, Metro Government may obtain a certificate of registration and ownership from the Jefferson County Clerk, pursuant to KRS 186.020 and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle and/or trailer is not suitable for use it may be sold for its scrap or junk value.

      (8)   Metro Government lien on vehicles impounded. In addition to any remedy provided by §§ 32.275 et seq. Metro Government shall possess a lien on a motor vehicle and/or trailer impounded, pursuant to KRS 82.625 for all fines, penalties, and towing, handling, and storage charges and fees imposed thereupon. Such lien shall be superior to and have priority over all other liens thereupon.

      (9)   No effect on security interest in vehicle. Nothing in these provisions shall otherwise affect the rights or obligations between the owner of the motor vehicle and/or trailer and those persons who claim a security interest therein.

      (10)   Release of impounded vehicle upon payment of fees. In addition to the release requirements imposed under this chapter, any motor vehicle and/or trailer impounded pursuant to § 156.052 may be released to the appropriate owner or other person entitled to possession of the vehicle and/or trailer upon payment of any fines, accumulated costs, and abatement costs imposed under this chapter and of all towing and impoundment fees incurred up to the date of the release request.

   (L)   Donation drop-off bins. Any owner who intends to install and use a donation drop-off bin for any purpose on the exterior property of the owner’s premises shall first make application and obtain a license from the Director in the manner required hereunder. No owner shall own, install, operate, or use more than one donation drop-off bin on the exterior property of each separately addressed premises such person owns. In addition to the license required herein, an owner shall also pay the permit fee required herein for each separate donation drop-off bin the owner installs, owns, operates, or uses. Any person who intends to own, install, operate, or use one or more donation drop-off bins for any purpose on the exterior property of any premises not owned by such person shall first obtain the written permission of each owner of the premises where each donation drop-off bin is to be located before making application to obtain a license from the Director. In addition to the required license, any person that owns, installs, operates, or uses one or more donation drop-off bins for any purpose on the exterior property of premises not owned by such person shall also pay the permit fee required herein for each separate donation drop-off bin to be operated and used by such person. Both the owner of the premises and the person who has been given written permission to own, install, operate, or use a donation drop-off bin on the owner’s premises shall be jointly and severally liable for any violations of this chapter.

      (1)   Licenses and permits. Whether for the owner of the premises or the person who has obtained the written permission of the owner, the fee to obtain the initial license to own, install, operate, or use a donation drop-off bin is $200 that must be tendered at the time of license application. Such license may be annually renewed on or before the anniversary date of the application for an annual renewal fee of $200. Regardless of the number of donation drop-off bins owned, installed, operated, or used by a license applicant, the applicant shall only pay one annual license fee. The initial permit fee for a donation drop-off bin is $50 per bin payable at the time of application for the license. The annual renewal fee for each donation drop-off bin permit is $50 payable on or before the anniversary date of the initial application. Each donation drop-off bin shall display its current permit at all times, and;

         (a)   Shall be in full compliance with all applicable laws and regulations of the Commonwealth of Kentucky and Metro Louisville, and;

         (b)   Shall have a label or appended sign that states “PLEASE REPORT ANY OVERFLOW OF ITEMS, DAMAGE, OR MALFUNCTION TO [PERMIT HOLDER’S NAME] AT [PERMIT HOLDER’S TELEPHONE NUMBER] OR TO THE DIRECTOR OF CODES AND REGULATIONS AT [TELEPHONE NUMBER DESIGNATED BY DIRECTOR].” Such label or appended sign shall be in lettering no less than three inches in height and no less than one-half inch in width, and;

         (c)   If none of the proceeds from the sale of the donated items collected in the donation drop-off bin will be given to a charitable or civic organization, there shall be a label or sign permanently attached to the donation drop-off bin which identifies the permit holder’s name and address and states: “DONATIONS ARE NOT FOR CHARITABLE OR CIVIC ORGANIZATIONS AND WILL BE SOLD FOR PROFIT. DONATIONS ARE NOT TAX DEDUCTIBLE.” Said label or appended sign shall be prominently displayed on the receptacle in the largest lettering on the receptacle or appended sign but said lettering shall be no less than three inches in height and no less than one-half inch in width, or;

         (d)   If 100% of the items, or the proceeds from the sale of the items, collected in the donation drop-off bin will be used for the benefit of a charitable or civic organization there shall be a label or sign permanently attached to the donation drop-off bin that identifies, at least, the legal name of the charitable or civic organization receiving the benefit of the donated items, in the largest lettering on the donation drop-off bin or appended sign but said lettering shall be no less than three inches in height and no less than one-half inch in width, or;

         (e)   If a professional solicitor installs, operates, or uses a donation drop-off bin pursuant to a contractual arrangement with a charitable or civic organization whereby the professional solicitor receives either a flat fee or a percentage of the proceeds from the sale of the donated items, have a label or sign permanently attached to the donation drop-off bin which states: “SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF PROFESSIONAL SOLICITOR) ON BEHALF OF (NAME OF CHARITABLE OR CIVIC ORGANIZATION). DONATIONS WILL BE SOLD FOR PROFIT BY (NAME OF PROFESSIONAL SOLICITOR).” Said label or appended sign shall be prominently displayed on the donation drop-off bin in the largest lettering on the thereon but said lettering shall be no less than three inches in height and not less than one-half inch in width, and;

         (f)   Shall be placed only on premises commercially used by an established business or on church or school property, however, there shall be no more than seven permitted donation drop-off bins per charitable or civic organization, whether installed, operated, and used by the organization or a professional solicitor on its behalf, in each Metro Council District in Metro Louisville.

      (2)   Requirements. Any party seeking to obtain the requisite license to operate donation drop-off bins and permits for each donation drop-box shall submit a written application to the Director upon a form provided by the Director. The application shall require the following information:

         (a)   The name, physical address (no P.O. boxes), telephone number, and electronic mail address of the applicant, and;

         (b)   A photograph of the donation drop-off bin and the proposed location for which a permit is sought. If the application is for more than one location, the applicant may submit a single application with a list of preferred locations and only one photograph of the type of donation drop-off bin to be used unless different types of bins will be used at different locations. In the event the applicant is using different types of bins at different locations, a photograph of each type of bin must be submitted, and;

         (c)   Whether the applicant would prefer to receive notice and orders by regular mail or electronic mail, and;

         (d)   The signature of the applicant, and;

         (e)   The required license and permit fees, and;

         (f)   If placed on property not owned or leased by the operator of the donation drop-off bin, a written agreement with the owner of each premises where a bin is to be located which evidences the agreement of the owner(s) to the placement of a donation drop-off bin on the property. The applicant shall also provide a certificate of liability insurance in an amount not less than $500,000 showing each owner of the premises where a bin is located as an additional insured, and;

         (g)   A maintenance agreement on the form provided from the Director wherein the applicant affirms that each donation drop-off bin location will be monitored on a daily basis, emptied no less than twice every calendar week, except in the event of a declared weather emergency by the National Weather Service or other natural disaster, and no overflow of items from the bin shall remain on the ground for more than 24 hours after actual or constructive notice of said overflow.

         (h)   The information supplied pursuant to this subsection shall be used for all notices, correspondence, or communications from the Director.

         (a)   Donation drop-off bin(s) shall be located on a hard and durable surface such as asphalt, concrete, aggregate, crushed rock and the like and all ingress and egress from each bin shall also be of a similar surface. In no event shall the placement of a donation drop-off bin or any means of ingress or egress be composed of sod, dirt, sand, or similar porous material. All donation drop-off bins shall be located on the designated premises so as not to interfere with sight triangles, on-site circulation of vehicular or pedestrian traffic, required setbacks, parking, landscaping, and all other applicable requirements imposed on the property as part of any governmental approval, including any zoning requirement;

         (b)   The placement of donation drop-off bins shall be restricted to an area within 75 feet from any wall of the largest permanent building on the premises or against a well-lit exterior wall of such building;

         (c)   A donation drop-off bin shall not be within a 1,000 foot radius of any other donation drop-off bin operated by the same licensee;

         (d)   Donation drop-off bins shall not be larger than six feet high by six feet wide by five feet deep;

         (e)   Donation drop-off bins shall be enclosed and operate by use of a securely locked receiving door so that the contents of the bin may not be accessed by anyone other than those persons authorized by the licensee to collect the contents;

         (f)   The donation drop-off bin must be regularly emptied, no less than twice every calendar week, to prevent overflow of clothing or other items that may be strewn about the premises. No overflow of items from a bin shall remain on the ground for more than 24 hours after actual or constructive notice of said overflow;

         (g)   Any person found illegally dumping at a donation drop-off bin pursuant to § 51.510 will be subject to the penalties set forth in § 51.999;

         (h)   Any graffiti placed on the donation drop-off bin must be removed within 72 hours following notice of its existence. However, within the 72 hours, the owner has the option to notify the Director in writing of the owner’s intent to replace the donation drop-off bin within five days and along with said written notice submits a photograph of the new donation drop-off bin.

         (i)   If a donation drop-off bin is damaged to the extent the locking mechanism or receiving door has been compromised or one of its sides has been breached, it shall be repaired, replaced or removed within five days of receipt after notice of such damage from the Director unless the Director determines the damage is such that the donation drop-off bin constitutes a danger to persons or property in which case it shall be made safe or removed within 24 hours of notice of said condition.

         (a)   The Director shall send written notice of such impoundment to the licensee or person named in the citation or order via the notice method chosen by the licensee in its license and in all other cases by regular mail to the person at the address listed in the citation or order. The notice shall state the address of the facility where the donation drop-off bin was impounded, the procedure to claim the impounded bin and its contents, the amount of the fines, the cost of removal, and the per diem impoundment fees which must be paid to redeem the donation drop-off bin, and a statement that failure to redeem the donation drop-off bin within 30 days from service of such notice may result in the sale of the bin and its contents.

         (b)   Any donation drop-off bin impounded under this section may be redeemed by the licensee or owner thereof, or a properly credentialed agent, at any time prior to sale by tendering to the Director, during regular business hours, all sums due under subsection (a) above plus any advertising charge if the donation drop-off bin has been advertised for sale. Satisfactory proof of ownership or lawful right to possession shall be provided to the Director prior to release of the donation drop-off bin.

         (c)   The Director may dispose of any donation drop-off bin and its contents that is impounded and held in a facility beyond the 30-day redemption period after attempted service of notice upon the owner thereof in any manner permitted by law. In no event shall the Director dispose of any impounded and unclaimed donation drop-off bin which is the subject of a pending appeal.

      (7)   Exemptions. Donation drop- off bins owned, installed, operated, or used exclusively for the benefit of a religious organization or a publicly owned or non-profit privately endowed educational institution on property owned by such religious organization or educational institution are exempt from the licensing and permit requirements of this section. The term “religious organization” means any organization the activity of which is protected by Section 1(2) of the Kentucky Constitution and the First Amendment to the United States Constitution. The term “educational institution” means one which is approved or licensed by the Kentucky Board of Education, the Council on Higher Education, or an equivalent public authority of the jurisdiction where such institution is located.

   (M)   In addition to those specific instances referenced elsewhere in this chapter, all exterior property areas must be used and kept in compliance with the Land Development Code.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 233-2012, approved 12-24-2012, effective 2-22-2013; Lou. Metro Am. Ord. No. 60-2013, approved 5-17-2013; Lou. Metro Am. Ord. No. 61-2013, approved 5-22-2013; Lou. Metro Am. Ord. No. 236-2013, approved 12-23-13; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 111-2021, approved 8-17-2021; Lou. Metro Am. Ord. No. 29-2022, approved 3-8-2022; Lou. Metro Am. Ord. No. 003-2023, approved 2-7-2023; Lou. Metro Am. Ord. No. 201-2024, approved 11-24-2024; Lou. Metro Am. Ord. No. 25-2025, approved 3-10-2025; Lou. Metro Am. Ord. No. 171-2025, approved 10-1-2025) Penalty, see § 156.999

   (A)   General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

   (B)   Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipping paint shall be eliminated from any surface. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

      (1)   Lead-based paint. The owner must comply with federal and state statutes and standards and local statutes and standards for the abatement of existing lead base paint and the application of lead base paint.

   (C)   Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall conform to the requirements set forth in Chapter 97 of the Louisville/Jefferson County Metro Government Code of Ordinances. All existing premises properly identified in accordance to the identification standards in effect at the passage of this code shall be allowed to keep such identification until they are replaced, and then shall comply with this section.

   (D)   Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

   (E)   Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

   (F)   Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

   (G)   Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit water/moisture. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

   (H)   Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

   (I)   Signs, marquees, and awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, exhaust ducts and similar overhang extensions of structures shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective equipment. All peeling, flaking and chipping paint shall be eliminated. All signs must be maintained in the same condition as permitted or approved or the sign must be removed.

   (J)   Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. All peeling, flaking and chipping paint shall be eliminated.

   (K)   Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

   (L)   Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment

   (M)   Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Any alteration, modification, addition or replacement of a handrail or guard shall be in conformity with the applicable state building code requirements. Every exterior flight of stairs having more than four risers, and every open portion of a stair, landing or balcony, which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) and no more than 42 inches (1067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing, walking surfaces or grade. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony or grade.

   (N)   Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

      (1)   Glazing. All glazing materials shall be maintained free from cracks and holes.

      (2)   Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

   (O)   Doors.

      (1)   All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 156.201.

      (2)   Double cylinder dead bolts requiring a key operation on both sides are prohibited on required means of egress. Key operation is permitted from a dwelling unit provided the key cannot be removed when the door is locked from the side from which egress is to be made.

   (P)   Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. This section does not apply to basement apartments as long as they are in full compliance with all other sections of this chapter.

   (Q)   Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. This section does not apply to basement apartments as long as they are in full compliance with all other sections of this chapter.

   (R)   Abandoned or dangerous sign. A premises may not have on site an abandoned permanent or temporary sign or a dangerous sign. A permanent, temporary or outdoor advertising sign is deemed abandoned when the sign advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located or on the premises referred to in the off-premise business sign. A temporary sign is deemed abandoned when the sign has not been removed within ten days after the event advertised on such sign has taken place. A sign is deemed dangerous when it becomes insecure, unsafe, dilapidated, or in danger of failing or collapsing, or when it constitutes a fire hazard or otherwise endangers human life or the public welfare; or when it is deemed unsafe by reason of illegal or improper use or maintenance.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 215-2003, approved 12-15-2003; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure, which they occupy or control, in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

   (B)   Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

   (C)   Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be-repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

      (1)   Lead-based paint. The owner must comply with federal and state statutes and standards and local statutes and standards for the abatement of existing lead base paint and the application of lead base paint.

      (2)   Bathroom and kitchen floors and walls. Every toilet room, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be kept in a clean and sanitary condition. Every toilet, bathroom and kitchen floor surface shall be composed of approved water-resistant materials and shall be substantially impervious to water damage; however, carpet will be allowed as a floor covering in these areas if areas were originally designed and approved for this type of floor covering and this floor covering has been used and maintained as to not cause a health or safety problem for the users of these areas. The walls of every bathroom, to a height of 48 inches if there is a tub and 72 inches if there is a shower, shall be constructed of water-repellant material in that area adjacent to the tub or shower, to prevent structural deterioration and any development of unsanitary conditions.

      (3)   Free from dampness. In every building, basements and crawl spaces shall be maintained to prevent conditions conducive to decay or deterioration of the structure.

   (D)   Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.

   (E)   Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every interior flight of stairs having more than four risers, and every open portion of a stair, landing or balcony, which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) no more than 42 inches (1067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing, walking surfaces or grade. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony or grade.

   (F)   Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.

   (B)   Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

   (C)   Rubbish storage facilities. The owner of every occupied premise shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.

   (D)   Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

   (E)   Rubbish containers and garbage facilities.

      (1)   Multifamily properties containing nine or more units. It shall be the duty of every owner of such property to provide bulk containers of sufficient volume for the frequency of collection and storage of garbage and household solid waste.

      (2)   Multifamily properties containing eight or fewer units. It shall be the duty of every owner of such property to provide a sufficient number of trash containers to meet the demand of each unit of a durable grade of galvanized metal or plastic from 20 to 40 gallons capacity for the collection and storage of garbage and household solid waste. The waste container shall be provided with two lifting handles on opposite sides and a tightly fitting cover with a lifting handle. The tenant shall be responsible for maintaining the trash container(s) supplied by the owner during their tenancy. The tenant shall also be responsible for placing their trash container(s) at the designated place and time for trash pick up. Refuse bags, provided by the occupants, made of paper or plastic used for collection must be placed inside waste containers for collection. Multifamily property owners of eight or fewer units who receive three citations in a six month period shall be required to provide a bulk container of sufficient volume for the frequency of collection and storage.

      (3)   Single-family properties. It shall be the duty of every single family property owner to provide a minimum of one trash container of a durable grade of galvanized metal or plastic from 20 to 40 gallons capacity for the collection and storage of garbage and household solid waste. The waste container shall be provided with two lifting handles on opposite sides and a tightly fitting cover with a lifting handle. Refuse bags made of paper or plastic used for collection must be placed inside waste containers for collection. Outdoor storage of garbage in plastic or paper bags is prohibited.

      (4)   Closed containers required. No household waste shall be placed out of doors awaiting pick-up in any container except in a closed container or facility with a tight fitting lid; and all wastecontainers and bulk containers shall be kept in a clean and sanitary condition.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 160-2005, approved 10-18-2005; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Infestation. Every reasonable precaution available should be taken to keep all structures from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

   (B)   Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

   (C)   Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.

   (D)   Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.

   (E)   Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure except where the infestations are caused by defects in the structure, and then, the owner shall be responsible for extermination.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.

   (B)   Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.

   (C)   Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the appropriate code listed in the Appendix.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. (Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.)

   (B)   Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one-and two- family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads.

   (C)   Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in § 156.101(A). (Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 (m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.

   (B)   Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by § 156.102(A), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be re-circulated.

   (C)   Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit except where specifically approved in writing by the Code Official.

   (D)   Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.

   (E)   Clothes dryer-exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

   (B)   Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counter fronts and appliances or counter fronts and walls.

   (C)   Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm) except for the following:

      (1)   In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height;

      (2)   Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders. ducts and similar obstructions.

      (3)   Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included.

   (D)   Bedroom requirements. Every bedroom shall comply with the following requirements:

      (1)   Area for sleeping. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m) of floor area, and every bedroomoccupied by more than one person shall contain at least 50 square feet (4.6 m) of floor area for each occupant thereof.

      (2)   Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not-serve as the only means of egress from other habitable spaces except in units that contain fewer than two bedrooms.

      (3)   Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.

      (4)   Prohibited occupancy. No person shall use any kitchen, nonhabitable or public space for sleeping purposes, nor shall food be prepared or cooked in any room used for sleeping purposes, except in an efficiency apartment. In an efficiency apartment, that portion of the room designated for sleeping purposes shall not be within ten feet of that portion of the room designated for cooking purposes. The ten feet shall be calculated as the shortest straight line distance between the sleeping area and the stove. The ten feet requirement shall not be a violation when the ten feet distance is separated by a permanent divider wall of a height of at least 50% of the height of the room.

   (E)   Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 43.

 

 

      (1)   Sleeping area. The minimum occupancy area required by Table 43 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with subsection (D).

      (2)   Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 43 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

   (F)   Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

      (1)   A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m 2 ). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.

      (2)   The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. .

         (a)   The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

         (b)   The maximum number of occupants shall be three.

   (G)   Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)

   (A)   Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.

   (B)   Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises, which does not comply with the requirements of this chapter.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

   (B)   Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

   (C)   Hotels. Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.

   (B)   Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

   (B)   Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Kentucky Plumbing Code.

   (B)   Contamination. The water supply shall be maintained free from contamination in an approved manner as identified by the Louisville Metro Public Health and Wellness Department, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

   (C)   Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

   (D)   Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120º F. (49º C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing facility shall be properly connected to either the public sewer system or to an approved private sewage disposal system which shall meet the requirements of the Louisville Metro Public Health and Wellness Department.

   (B)   Maintenance. Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the Kentucky Building Code and the Kentucky Residential Code. Repairs to on-site sewage systems must be permitted and approved by the Louisville Metro Public Health and Wellness Department.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.

   (B)   Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises, which does not comply with the requirements of this chapter.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Facilities required. Heating facilities shall be provided in structures as required by this section.

   (B)   Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65ºF. (18ºC.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.

   (C)   Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a temperature of not less than 65ºF. (18ºC.) in all habitable rooms, bathrooms, and toilet rooms except in circumstances when the exterior temperature falls below 0ºF. (-18ºC.) and the heating system is operating at its full capacity, a minimum room temperature of 60ºF. (16ºC.) shall be maintained at all times.

   (D)   Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

   (B)   Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent except that fuel-burning equipment and those appliances, which are labeled for unvented operation.

   (C)   Clearances. All required clearances to combustible materials shall be maintained.

   (D)   Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.

   (E)   Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.

   (F)   Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and § 156.184.

   (B)   Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single- phase electrical service having a rating of not less than 60 amperes.

   (C)   Electrical system hazards. 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/inadequate over-current protection, insufficient receptacle and lighting outlets, improper or unsafe-wiring or installation, makeshift wiring or improper/inappropriate use of electrical extension cords, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

   (B)   Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new or replaced bathroom receptacle outlet shall have ground fault circuit interrupter protection.

   (C)   Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

   (B)   Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.

   (C)   Flammable matter. Highly flammable or explosive matter, such as paints, volatile oils and cleaning fluids, or combustible refuse, such as waste paper, boxes and rags, shall not be accumulated or stored on residential premises except in reasonable quantities consistent with normal usage. Highly flammable or explosive matter arid combustible refuse, in reasonable quantities, shall be properly stored in containers and in such manner so as not to come in contact with or be adversely affected by mechanical equipment or heat-producing appliances or fixtures.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)

   (A)   Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.

   (B)   Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CHIEF. Any person appointed or empowered in accordance with KRS Chapters 227, 75, 95 or 67C.105 to carry out the expressed or implied statutory authority granted under the specific chapter for which their authority is derived within their fire department or fire district.

   CODE OFFICIAL. The official who is charged with the administration and enforcement of the Property Maintenance Code established by Chapter 156 of the Louisville/Jefferson County Metro Government Code of Ordinances, or any duly authorized representative.

   DWELLING. Any building which contains one or more dwelling units or any rooming units, rooms, or area designated or used for sleeping purposes either as a primary use or use on casual occasions. This term shall include single-family dwellings, duplexes, rooming houses, hotels, motels, tourist homes, school dormitories, apartment and/or condominium buildings.

   DWELLING UNIT. Any group of rooms located within a building and forming a single housekeeping unit with facilities, which are used or designed to be used for living, sleeping, cooking, or eating.

   OWNER. Any person who alone, jointly, or severally with others:

      (1)   Shall have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession; or

      (2)   Shall have charge, care, or control of any dwelling or dwelling unit as owner, or as executor, administrator, trustee, guardian of the estate, or duly authorized agent of the owner. Any such person thus representing the actual owner shall be bound to comply with the owner's obligations under this section.

   ROOMING UNIT. Any room, which is designed or used for sleeping purposes. This term may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory, or an apartment building, which may or may not have some additional facilities for eating or cooking contained therein.

      (1)   In all dwelling units, smoke alarms powered by a hard wire AC primary power source or a self-monitored, non-removal ten-year lithium battery shall be installed and maintained after the effective date of this section.

      (2)   In order to comply with this section, only ionization or photoelectric type alarms listed by a nationally recognized testing laboratory shall be installed.

      (3)   Smoke alarms shall be installed in accordance with applicable NFPA Standards and the manufacturer’s recommendations. Alarms may be ceiling or wall mounted, provided that they meet requirements as referenced in NFPA 72.

      (4)   In a dwelling unit, which contains a well-defined sleeping room separated from the other activity areas of the same unit, the alarm shall be located in the corridor within the unit or interior area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated and/or where a single smoke alarm will not adequately service all sleeping areas, there shall be a smoke alarm installed adjacent to each sleeping area. In a rooming unit the alarm shall be centrally located.

      (5)   In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke alarms in each dwelling unit or rooming unit, alarms shall be placed in centrally located common areas so that smoke alarms will adequately service all sleeping areas.

      (1)   The owner of a dwelling shall be responsible for supplying and installing in an operable condition, the required alarms and for providing the manufacturer’s maintenance and testing instructions to the tenant.

      (2)   The owner of a dwelling shall be responsible for maintenance and testing of alarms, in accordance with manufacturer’s instructions, which are located in common areas and/or alarms in rooming units where the tenant usually has periods of occupancy, (less than 30 continuous days, such as, hotels, motels, tourist homes).

      (3)   The tenant shall be responsible for maintaining and testing the alarms, in accordance with the manufacturer’ instructions, which are within his or her exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner in writing when alarms become inoperable, and the owner shall have ten days after receipt of such written notice in which to replace or repair the alarms in an operable condition.

      (4)   At every change of tenancy in all multi-family residential units and dormitories, it shall be the duty of the owner to test and ascertain that those alarms contained in the unit are in operable condition, and if not, the owner shall be responsible for placing them in operable condition.

      (5)   In all hotels, motels, rooming houses or tourist homes it shall be the duty of the owner to test such alarms on a regular basis in accordance with manufacturer’s instructions, and the owner shall be responsible for maintaining such units in an operable condition. A log of smoke alarm inspections and findings shall be maintained by the owner, and shall be made available to fire inspectors upon request.

      (6)   It shall be the responsibility of the property owner to install at least smoke alarms powered by a hardwire AC primary power source or a self-monitored, non-removal ten year lithium battery before transfer of the property to a new party. A signed affidavit of the property owner, given to purchaser, seller, and real estate agent before transfer will suffice in meeting this requirement.

      (1)   The Chief of the Fire Department, Fire District, or Code Official or any of their designated representatives, are hereby authorized and directed to enforce all provisions of this section and the final determination concerning compliance herewith shall be the sole discretion of the Authority Having Jurisdiction (AHJ), as described in 815 KAR 10:060, of the Fire Department, or the Fire District, or Code Official. Upon the presentation of official credentials, an authorized inspector of the Fire Department, Fire District or Code Official, may enter with consent any premises covered by these regulations to perform the duties imposed upon him or her by these regulations.

      (2)   The source of authority to issue orders as described in subsection (A) shall include, but not be limited to, any authority granted under KRS Ch. 227 and 815 KAR 10:060.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 69-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   The report shall require the following information be included and certified by the Assessor:

      (1)   That there are no lead-based hazards.

      (2)   Locations where future lead-based hazards may arise.

      (3)   Name of the certified risk assessor completing the report.

      (4)   Address of property.

      (5)   Date of evaluation.

      (6)   Results of visual assessment and dust wipe sample analysis.

      (7)   Name and address of laboratory used.

      (8)   Lead-hazard control methods used.

      (9)   Results of soil testing if identified as a lead-based hazard.

   A rental housing unit shall not include any of the following:

      (1)   A short-term rental unit as defined in § 115.515;

      (2)   Hotels, motels, inns, bed and breakfasts, or similar accommodations that provide lodging for transient guests;

      (3)   Hospitals, hospice facilities, assisted living facilities, nursing homes, and residential care facilities meeting the definition of KRS 100.982;

      (4)   Convents, monasteries, or other facilities occupied exclusively by religious order or congregation;

      (5)   Transitional housing, homeless shelters, rehabilitation homes, and other emergency or temporary shelters;

      (6)   Housing units owned, operated, or managed by a major educational or medical institution or by a third party for the institution.

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

      (1)   No person shall disturb or remove lead-based paint or in any other way generate excessive dust or debris during work on the interior or exterior of any existing building or structure except in accordance with the requirements of applicable Kentucky state law and the Lead-Based Paint Renovation, Repair and Painting Rule (40 CFR 745 et seq.).

      (2)   Any home improvement contractor, property management firm, handyman or other person compensated for renovation work that involves window replacement or that disturbs more than six square feet of interior, and/or more than 20 square feet of exterior paint or surface coating, must possess an EPA RRP certification.

      (3)   The remediation of lead-based hazards shall be completed in a manner which will not endanger the health and wellbeing of current or future occupants, and shall result in the safe removal from the premises and the safe disposal of lead containing materials, debris, and other potentially harmful materials.

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

   Any citation issued pursuant to §§ 156.300 through 156.307 shall be classified as a civil offense and shall be enforced through the Code Enforcement Board as provided in §§ 32.275 et seq. or as it may be amended. For an initial citation issued pursuant to this chapter, the fine shall be $500. Such civil penalty shall increase $500 for each new citation up to $2,000 for a fourth or greater offense. All fines shall be doubled for violations involving an EBLL up to a maximum of $4,000 per citation. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.

(Lou. Metro Ord. No. 30-2025, approved 3-10-2025)

   (A)   General. The Department of Property Maintenance Inspection is hereby created and the executive official in charge thereof shall be known as the Code Official.

   (B)   Appointment. The Code Official shall be appointed by the chief appointing authority of the jurisdiction; and the Code Official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.

   (C)   Deputies. In accordance with the prescribed procedure of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint a Deputy Code Official, other related technical offices, inspectors and other employees.

   (D)   Restriction of employees. An official or employee connected with the enforcement of this chapter, except one whose only connection is that of a member of the Code Enforcement Board, as set forth in § 32.278, as the case may be, shall not be engaged in, or directly connected with, the furnishing of labor, materials or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)

   (A)   General. The Code Official shall enforce the provisions of this chapter.

   (B)   Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.

   (C)   Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

   (D)   Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.

   (E)   Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.

   (F)   Citations, notices and orders. The Code Official shall issue all necessary citations, notices or orders to ensure compliance with this chapter.

   (G)   Department records. An official record shall be kept of all business and activities of the department specified in the provisions of this chapter; and all such records shall be open to public inspection in accordance with the Kentucky Open Records Act, and under reasonable regulations established by the Code Official to maintain the integrity and security of such records.

   (H)   Coordination of inspections. Whenever in the enforcement of this chapter or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Official involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this chapter impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.

   (B)   Alternative materials, methods and equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter; and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

   (C)   Required testing. Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this chapter, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.

   (D)   Test methods. Test methods shall be as specified in this chapter or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures.

      (1)   All tests shall be performed by an approved agency.

      (2)   Reports of tests shall be retained by the Code Official for the period required for retention of public records.

   (E)   Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   (A)   (1)   Citation or notice to owner or to person or persons responsible. Whenever the Code Official, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of this code, the Code Official is authorized to issue a citation or notice of violation to the offender in accordance and as prescribed by § 32.283.

      (2)   Notice regarding care of dilapidated abandoned property.

         (a)   The Director shall have a notice to be mailed at least annually to the last known address of the owner of each dilapidated abandoned property, or shall publish a notice in a newspaper of general circulation, advising owners, operators, and persons in possession or control of dilapidated abandoned property, of the requirements of this chapter regarding the care of property.

         (b)   The notice shall describe each of the nuisances described in Chapter 156 and shall state one or more of the following may occur beginning 30 days of the notice is mailed or published:

            1.   Failure to remove or otherwise abate any nuisances will result in the Department or its designee without further notice may take any action necessary to abate the nuisance within the first anniversary of the date of the notice and that the owner will be billed for all costs of the abatement.

            2.   Additional civil or criminal legal actions may be filed by the Department against the owner or owners to enforce nuisance violations, without additional notice.

         (c)   The notice issued pursuant to this section may be appealed to the Code Enforcement Board.

   (B)   Violation penalties. Penalties for noncompliance with citations, orders and notices shall be as set forth in § 156.999.

   (C)   Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with or until such owner shall first furnish the grantee, transferee, or mortgagee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, or mortgagee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. In lieu of the above, the owner/seller, prior to sale, transfer, mortgage, contract for deed or other disposal of the affected property, may post a bond with the Metro Government for an amount of 150% of the costs to abate all known violations. (The "costs of repair” shall be agreed upon by the Code Official and the owner/seller, prior to the posting of the bond.) Upon abatement of all violations, the bond will be released.

   (D)   Identification of responsible local agent. There shall be a current notice posted at the on-site management office or in conspicuous places on site (available to all tenants) within ten feet of entrance to structure providing the name, address and telephone number of a 24 hours/7 days a week maintenance and emergency repair service company, the owner must supply the lessee in writing the name, address, and phone number of an individual that is responsible for the maintenance of the property in accordance with the code. The owner must keep the lessee informed of any change of this information to insure it is always current.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 76-2014, approved 5-23-2014; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)

   (A)   Condemnation. When a structure or part thereof is found by the Code Official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found unlawful, it shall be condemned pursuant to the provisions of this chapter and shall be placarded and vacated. If condition only involves one dwelling unit in structure; only that unit will be affected. It shall not be reoccupied without approval of the Code Official. Unsafe equipment which is determined by the Code Official to be repairable shall be placarded and immediately placed out of service. Illegal, unapproved or defective equipment which, is determined by the Code Official to be irreparable, shall be immediately confiscated and/or destroyed.

      (1)   Unsafe structure. An unsafe premises is one in which all or part thereof is found to be dangerous to life, health, property, or the safety of the public or its occupants by not providing minimum safeguards for protection from fire or because it contains unsafe equipment or its is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible, or because of the existence of a public nuisance, as defined herein.

      (2)   Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, cooking equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in disrepair or condition that is a hazard to life, health, property or safety of the public or occupants of the premises or structure, or is not approved for use by the Code Official.

      (3)   Structure unfit for human occupancy. A structure is unfit for human occupancy or use whenever the Code Official finds that it is unsafe, unlawful, or because of the degree in which it lacks maintenance or is in disrepair, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because its location constitutes a hazard to its occupants or to the public.

      (4)   Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than, permitted under this chapter, or was erected, altered or occupied contrary to law.

   (B)   Closing of vacant structures. If the structure or part thereof is vacant and open to unauthorized entry, the Code Official shall issue a notice to remedy the violation by instructing the owner of such premises to cover or secure each door, window or other opening that is located within ten feet of grade or accessible from grade by stairs or roofs within ten feet of grade. If condition only involves one dwelling unit in a structure, only that unit will be affected. Upon failure of the owner to remedy the violation in accordance with the notice, the Code Official shall issue a citation.

      (1)   On a recommendation in writing from the appropriate Fire Districts, Louisville Metro Fire Department, Louisville Metro Police Department, Louisville Metro Public Health and Wellness Department or the assessment of the Code Official (in compliance with standards established in regulations as developed by the Code Official) that an emergency exists, the Code Official may take all necessary actions to abate the emergency including the boarding of a structure without prior notice to the owner. For emergency boardings, only clear boarding may be utilized unless circumstances warrant utilization of alternative methods as determined by the Code Official. An “emergency” exists for purposes herein when the boarding of the structure is necessary to protect and preserve the health, safety, or property of the owner, tenants, or the public. In addition, the Code Official, on his or her own motion may board a structure without prior notice to the owner when the structure has been ordered vacated pursuant to this chapter to protect and preserve the health, safety or property of the owner, tenants, or the public, or after service of a warrant executed pursuant to this chapter. The Code Official shall provide written notice to the owner and tenants of the structure of the execution of an order to board as soon as possible.

      (2)   The Code Official may cause the utility service to be discontinued from a structure after it has been unoccupied for a period of six months and does not meet the vacant building maintenance standards and is not in the process of being rehabilitated as indicated by a valid building permit.

      (1)   Properties that are vacant and have been referred to the Department of Codes and Regulations for the abatement of property maintenance violations more than once within a 12-month period.

      (2)   Properties that are vacant and have been determined to be a Distinct Fire Hazard pursuant to 815 KAR 10:060 Section 3 (4).

      (3)   Vacant structures with a documented history of LMPD responses due to safety issues.

      (4)   Properties that are vacant and actively on the Louisville Metro Annual Cut List.

      (1)   Identification of the Personal Keepsakes and Vital Documents they hope to recover with as much detail as possible, including the size, weight, appearance, and presumed location within the structure.

      (2)   Documentation that they legally occupied the property at the time the notice of condemnation or demolition was issued.

      (3)   The requesting resident shall also sign a liability waiver releasing Louisville Metro Government, its employees, and agents from any harm to the resident and any damage to their Personal Keepsakes, Vital Documents, or other property which may occur in the recovery attempt.

The Code Official supervising the condemnation or demolition shall have sole discretion to determine whether it is safe to make an attempt to recover some or any of the Personal Keepsakes and Vital Documents as well as the conditions of such attempt. (Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 212-2024, approved 11-24- 2024; Lou. Metro Am. Ord. No. 106-2025, approved 8- 8-2025)

   (A)   Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment or service, the Code Official may, without notice or hearing, order that such action be taken, including, but not limited to: repair of or immediate evacuation of any effected dwelling or dwelling unit, repair, replacement or immediate confiscation and/or destruction of any defective, illegal or unapproved equipment, as may be reasonably necessary to meet the emergency; confiscation of any refrigerator, ice-box, ice-chest or other similar device or appliance determined to be a public nuisance; demolition or partial demolition of any structure that is in imminent danger of failure, collapse, endangering life or is unable to be secured in accordance to § 156.805.

   (B)   (1)   Notwithstanding any other provision of this chapter, such an order shall be effective immediately. If the owner fails to correct the emergency, and fails to immediately comply with the order, the Code Official may, without further notice to the owner, cause the emergency to be corrected by repair, replacement, or removal, confiscation, immediate evacuation, discontinuance of utilities, or demolition.

      (2)   After the repairs are made, or the removal of the defective, illegal or unapproved equipment has been effected, or the confiscation of the refrigerator, ice-box, ice-chest, or other similar device or appliance determined to be a public nuisance has been effected, the owner shall be afforded a hearing thereon, if requested, as soon as possible.

      (3)   The amount of the costs of any repairs, replacement, or removal, confiscation, immediate evacuation, discontinuance of utilities, abatement costs, or demolition carried out by the Metro Government pursuant to this section, including all costs for labor, materials, travel and filing, and administrative costs of 15% of the above, shall be charged against the owner of the real estate upon which the premises is located.

      (4)   Upon failure of the owner to effect payment of such costs, a lien to bear interest at the rate of 18% per annum, from the date of such lien until paid, shall be placed by the Metro Government against the real estate upon which the structure is located. In addition to the aforesaid remedy or any other remedy authorized by law, pursuant to KRS 65.8801 et seq. and in accordance with § 32.288, the owner of the property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties and other charges and the Metro Government may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.

      (5)   Any person to whom such order is directed shall comply therewith. Such person shall thereafter, upon petition directed to the Code Official or Code Official's authorized representative, his or her designee, be afforded a hearing as prescribed in this chapter.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011)

   (A)   General. The Code Official shall order the owner of premises upon which is located any structure or part thereof, which in the Code Official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and to demolish and remove such structure or part thereof; or if such structure or part thereof is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure or part thereof.

   (B)   Order. The order shall specify necessary repairs, if any, and a time in which the owner shall comply therewith. It shall be served on the owner of record and upon the holder of any encumbrance of record in accordance to § 156.804. If the owner or a holder of an encumbrance of record cannot be found, the order shall be served by posting it on the main entrance of the building.

   (C)   Restraining actions. Anyone affected by such order may, after service of such order apply to Jefferson County Circuit Court for an order restraining the Code Official from razing such structure or parts thereof. The court shall determine whether the order of the Code Official is reasonable, and if found reasonable, the court shall dissolve the restraining order, and if found not reasonable, the court shall continue the restraining order or modify it as the circumstances may require.

   (D)   Failure to comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the owner of the real estate upon which the structure is located. Upon failure of the owner to effect payment of such costs, a lien to bear interest at the rate of 18% per annum, from the date of such lien until paid, shall be placed by the Metro Government against the real estate upon which the razed or removed structure was located. In addition to the aforesaid remedy or any other remedy authorized by law, pursuant to KRS 65.8801 et seq. and in accordance with § 32.288, the owner shall be personally liable for the amount of the lien, including all interest, civil penalties, fines, penalties, fees, abatement costs, and other charges and the Louisville Metro Government may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)

   Any person directly affected by a decision of the Code Official or a citation, or order issued under this code shall have the right to appeal to the Code Enforcement Board (“Board”) in accordance with § 32.283(F).

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 167-2022, approved 11-17-2022)

   (A)   The Code Official, officer or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.

   (B)   Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)

   Abatement of violation. The imposition of the penalties herein prescribed in this Code shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct of business or utilization of the building, structure or premises.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011)

   (A)   (1)   Any person violating any of the provisions of § 156.203, or neglecting to comply with any order issued pursuant to § 156.203, shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $500, or be imprisoned for not more than 60 days, or both. Each day’s violation shall constitute a separate offense.

      (2)   Any person, firm or corporation, who shall violate any provision of § 156.203 shall be subject to a civil penalty of not less than $100 nor more than $1,000. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.

   (B)   Any person, firm or corporation, who shall violate any provision of this chapter other than as set forth in subsections (A), (B) and (C), above, shall be subject to a civil penalty in accordance with the penalty schedule as set forth in Appendix A, Exhibit A. Any person cited pursuant to this subsection (D) may pay the civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with § 32.283(F). If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be final. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.

   (C)   The Metro Government shall possess a lien on property for all fines, penalties, charges, abatement costs, and fees imposed pursuant to this Code in accordance with § 32.288. The lien shall be superior to and have priority over all other liens on the property except state, school board and Metro Government taxes.

   (D)   (1)   If Metro Government possesses a lien(s) on a property pursuant to violations of LMCO Chapter 156, and if the owner of that property qualifies for the Homestead Exemption under KRS 132.810, the owner may apply to the Louisville Metro Office of Management and Budget for a lien waiver and shall be entitled to a 60% reduction in the amount of the lien(s), not to exceed $20,000, provided that the owner can establish each of the following conditions:

         (a)   The owner must have owned and utilized the property for which the reduction is requested as their personal and primary residence for the proceeding 15 years;

         (b)   The property for which the reduction is requested must be in total compliance with Chapter 156 at the time of application;

         (c)   The owner has not owned any other property found by final order to be in violation of this Chapter within the last ten years from the date of the application;

         (d)   An application for reduction, if approved, may be made by an owner only one time within any five year period; and

         (e)   This section shall not apply to any owner or property that is involved in a court action concerning the property for which the application is made.

      (2)   Applying owners shall be informed of their ability to utilize payment plans to resolve remaining lien amounts. Interest shall not accumulate during the payment plan period while a property owner remains in compliance with Chapter 156 and in compliance with the terms of the established payment plan. Upon the failure of an owner to comply with these requirements, Metro Government will no longer by obligated to enforce any lien waiver pursuant to this section and the original amount may be reinstated.

      (3)   An application for reduction of a lien under this subsection shall not exclude a property owner from participation in any other programs created to assist in reducing debts or liens placed upon properties by Louisville Metro Government.

   (E)   Notwithstanding subsection (B), above, any person, firm or corporation who violates any provision of this chapter shall be subject to criminal proceedings and upon conviction thereof shall be subject to a fine of not more than $250 if committed by a person, not more than $500 if committed by a corporation, or imprisonment for a term not to exceed 50 days, or both. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 69-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 113-2017, approved 6-22-2017; Lou. Metro Am. Ord. No. 7-2020, approved 2-21-2020, eff. 5-21-2020; Lou. Metro Am. Ord. No. 167-2022, approved 11-17-2022; Lou. Metro Am. Ord. No. 42-2025, approved 4-17-2025)

 

Kentucky Building Code
Kentucy Residential Code
Jefferson County Development Code
Louisville Metro Land Development Code
Uniform Landlord/Tenant Ordinance

(Lou. Metro Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 113-2017, approved 6-22- 2017; Lou. Metro Am. Ord. No. 167-2022, approved 11-17-2022)