ORDINANCE NO. 1 - 91

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY AMENDING ORDINANCE NO. 4-87 AND PROVIDING FOR CERTAIN MEASURES TO BE AVAILABLE TO THE CITY IN THE EVENT OF A FAILURE BY ANY LANDOWNER TO PROPERLY MAINTAIN DITCHES; AND OTHER MATTERS.

NOW BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:
  1. Ditches established by either the natural flow of water or dug to control the flow of water from rain/runoff must be maintained by the property owner free of trash, leaves, brush, rubbish or other waste materials.

  2. Property owners shall have the obligation to construct and/or maintain a ditch or pipe or culvert line on their property adjacent to the streets in the City if requested in writing by the building inspector so as to provide for the drainage of surface water in such a fashion as to keep the water from either eroding the base or foundation of the streets or flowing across or onto the streets.

  3. No man-made ditch shall lie so as to deposit liquid or solid matter on adjoining property without the approval of the adjoining property owner and provision has been made by the adjoining property owner to dispose of it.

  4. Materials used to line ditches or to control erosion must be stable so as not to be displaced. If material should be displaced onto adjoining property, the owner of the property from which the material was displaced must remove the material from the adjoining property or streets within seventy-two hours.

  5. Property owners must obtain a permit from the building inspector to fill in a ditch if adjoining property will be affected. Pipe size and fill material must be approved by the building inspector in accordance with Kentucky requirements regulating same. It is the intent of the City to encourage property owners to replace ditches with permanent pipe and fill material.

  6. Should it be discovered that by reason of accumulation of trash, leaves, brush, rubbish or other waste materials within ditches as described in paragraph 1 herein above that a public nuisance, health hazard or source of filth has developed on said land, the Mayor or other responsible officer of the City shall give five (5) days written notice to said owner, occupant or person having control over said lots or parcels of land to remedy said situation. Upon the failure of the owner, occupant or person having control over said lots or parcels of land to comply, the Mayor or other responsible officer is authorized to send employees or contractors of the City upon the same property to remedy the situation. The City shall have a lien against the said property for the reasonable value of labor and materials used in remedying said situation. The affidavit of the City or other responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance and shall be recorded in the office of the County Court Clerk of Greenup County. The said lien shall be noticed to all persons from the time of its recording, shall bear interest at the lower of 18% per annum, or the highest rate permitted by applicable law from the time of recording until paid and may be foreclosed by appropriate action in the Circuit Court of Greenup County. If the City intends to claim a lien against the property, said notice of lien shall be mailed to the last known address of the owner of said property as said address appears on the current tax assessment roles of the City.

  7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined to less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day's continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way injunction, to enforce the discontinuance of such violation any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.

  8. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.

  9. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

  10. Each section and each sentence of this ordinance is enacted separately and the invalidity or unconstitutionality of any one particular sentence and/or section shall not affect the validity and/or constitutionality of any other sentence and/or section.


    Richard A. Macomb
    MAYOR, CITY OF BELLEFONTE, KENTUCKY

    ATTEST:
    Jean Frazier
    CITY CLERK

    FIRST READING: 5-31-91
    SECOND READING: 6-4-91
    PUBLICATION: