CITY OF CRESTVIEW HILLS, KENTUCKY ORDINANCE 2019-07-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESTVIEW HILLS, KENTUCKY AMENDING CHAPTER 92 OF THE CITY OF CRESTVIEW HILLS’ CODE OF ORDINANCES IN ORDER TO ADD NEW SECTIONS REGARDING MAINTENANCE OF AND PROPERTY ABUTTING SIDEWALKS AND , INCLUDING, THE AREA BETWEEN THE AND THE OR PROPERTY LINE.

Whereas, the City Council of the City of Crestview Hills, Kentucky desires to protect the public health, safety, and general welfare of pedestrians concerning the maintenance, repair and safety of the public sidewalks, and property abutting the streets and sidewalks, including any verge, or strip of land between the street and an owner’s property or between the sidewalk and the street; and

Whereas, it is in the best interests of the citizens of the City of Crestview Hills to ensure that sidewalks and streets remain free of leaves, grass, or other debris, and that the sidewalks and abutting properties are properly maintained through mowing of grass, clearing of debris, and other manner of ordinary care and maintenance.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF CRESTVIEW HILLS, KENTUCKY AS FOLLOWS:

SECTION 1

Section 92.08 is hereby created to read as follows:

92.08 PROPERTY OWNER’S RESPONSIBILITY TO MAINTAIN PROPERTY FRONTING AND ABUTTING STREETS, SIDEWALKS, AND ANY OTHER PUBLIC RIGHTS OF WAYS

(A) It shall be the duty of every person, or business entity owning lots or real estate fronting and abutting any street or sidewalk or public right of way in the City to cut and maintain the property from the edge of the street or line to the edge of the property owner’s property. This duty includes maintenance of road verges which are those areas between the sidewalk and the public street, and such shall be maintained by the person or business entity whose property adjoins the sidewalk.

(B) All resident persons or business entities shall keep the sidewalks free from all tall grass, weeds, waste paper, trash, refuse, leaves, dirt and all foreign matter, and free of all overhanging bushes, shrubs, trees and other vegetation, which in any way might impair the health, safety, and comfort of the general public using the sidewalk and/or street.

(C) Failure to comply with the terms of this Ordinance shall be considered a public nuisance. Property owners who fail to comply with this Ordinance shall be subject to a daily fine of $25.00 as well as a reimbursement to the city for its costs of cutting or cleaning the property area, subject to a minimum cost of $25.00. Each day’s continued violation shall constitute a separate, ongoing offense, subject to imposition a daily fine for each day of violation.

SECTION 2

Any ordinances, or parts of ordinances, inconsistent with the provisions of this Ordinance shall be and are hereby repealed.

SECTION 5

The provisions of this Ordinance are severable. Any invalidity of any provision of this Ordinance shall not affect the validity of any other provision thereof, and such other provisions shall remain in full force and effect so long as they remain valid, in the absence of Court determination otherwise.

SECTION 6

This Ordinance shall take effect and be in full force when passed, published, and recorded according to law. Publication may be in summary form.

CITY OF CRESTVIEW HILLS, KENTUCKY

By: PAUL W. MEIER, MAYOR

ATTEST: JAIME MAHONEY, CITY CLERK

DATE OF FIRST READING: July 11th, 2019

DATE OF SECOND READING AND ENACTMENT: August 8th, 2019

DATE OF PUBLICATION: ______