[HISTORY: Adopted by the Fiscal Court of Henderson County 12-7-2021 by Ord. No. 21-13[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 176, Nuisances
and Unsafe Structures, adopted 3-4-2008 by Ord. No. 08-03.
It shall be the responsibility of the Henderson County Codes
Administrator or his/her designee to enforce this chapter in the interest
of public health, safety, and general welfare. The Henderson County
Codes Administrator shall be deemed a citation officer authorized
to issue citations for purposes of enforcing the provisions of this
chapter.
The Codes Administrator shall make the required inspections
or accept reports of inspection by approved agencies or individuals.
The Codes Administrator or his designee is authorized to enter
the structure or premises in question 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.
The Codes Administrator shall keep official records of all business
and activities of the department specified in this chapter.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The necessary and reasonable costs expended by Henderson
County 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 necessary
to remedy a violation and to maintain and preserve the public health,
safety, and welfare in accordance with any Henderson County ordinance.
A person who collects and restores motor vehicles.
Henderson County.
The Henderson County Fiscal Court.
A condition which is likely to cause serious or life-threatening
injury or death at any time.
An official action of the Fiscal Court, which is a regulation
of a general and permanent nature and enforceable as a local law and
shall include any provision of a code of ordinances adopted by the
Fiscal Court which embodies all or part of an ordinance.
A sight line within normal visual range by a person on a
public street or sidewalk adjacent to real property.
A person, association, corporation, partnership, or other
legal entity having a legal or equitable title in real property.
An automobile that is not intended to be operated along streets
and roads, but is used to provide parts for the restoration of other
automobiles.
A lot, plot, or parcel of land, including any structures
upon it.
An owner shall not permit any structure upon his or her premises
to become unfit and unsafe for human habitation, occupancy, or use
or to permit conditions to exist on the structure or premises which
are dangerous or injurious to the health or safety of the occupants
of the structure, the occupants of neighboring structures, or other
residents. An unsafe and unfit structure shall include, but is not
limited to: a structure that is in disrepair or lacks maintenance;
is unsanitary; vermin- or rat-infested; contains filth and contamination;
lacks ventilation, illumination, sanitary or heating facilities or
other essential equipment; fails to provide minimum safeguards to
protect or warn occupants in the event of fire; contains unsafe equipment;
or a structure that is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
partial or complete collapse is possible.
An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under this code or which was
erected, altered or occupied contrary to law.
Any premises upon which a continuing act or physical condition
is made, permitted, allowed or continued by any person or legal entity,
their agents or servants or any persona or legal entity who aids therein,
which is significantly detrimental to the safety, welfare or convenience
of the inhabitants of the County of Henderson or a substantial part
thereof, or any act or condition specifically set forth in this chapter
or any act or condition so designated by statute or ordinance, is
hereby deemed a public nuisance.
All exterior property and premises shall be maintained in a
clean, safe, and sanitary condition.
All premises shall be graded and maintained to prevent the accumulation
of stagnant water thereon or within any structure located thereon.
A.
It shall be unlawful for the owner, occupant, or person having control
or management of any premises to permit a public nuisance, health
hazard, or source of filth to develop thereon through the accumulation
of:
It shall be unlawful for the owner, occupant, or person having
control or management of any premises to permit a public nuisance,
health hazard, or source of filth to develop thereon through the accumulation
of rubbish or garbage.
It shall be unlawful for the owner, occupant, or person having
control or management of any premises to permit a public nuisance,
health hazard, or source of filth to develop thereon through the accumulation
of the excessive growth of grass or weeds. All noxious grass or weeds
shall be prohibited.
A.
For purposes of this section, "grass or weeds" shall be defined as
all grasses, annual plants and vegetation other than trees or shrubs;
provided, however, that this term shall not include cultivated flowers
and gardens.
B.
For purposes of this section, "excessive growth of grass or weeds"
shall be defined as those in excess of 12 inches high in platted subdivisions
and 18 inches high in all other property.
A.
It shall be unlawful for the owner, occupant or person having control
or management of any land in an unincorporated area to knowingly permit
a public nuisance or health hazard to develop thereon through the
accumulation of rubbish or excessive weeds that cause a nuisance due
to rodent, insect, reptile or mosquito harborage or infestation.
B.
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 reinfestation.
The provisions of Article II of Chapter 176 of the Code of Ordinances of Henderson County shall not be enforced upon any premises situated in an unincorporated portion of Henderson County that is assessed as agricultural land for tax purposes by the Henderson County Property Valuation Administration.
Pursuant to Chapter 13-36(3), the Code Enforcement Officer may
provide the following maximum time periods for violations to be remedied
before issuance of a citation:
A.
A violation under this section shall be subject to the following
schedule of civil fines:
(1)
If a citation for a violation of an ordinance is not contested by
the person charged with the violation, the penalties set forth in
this subsection shall apply and shall be calculated per noted violation:
|
Violation (Uncontested)
|
First Offense
|
Second Offense
|
All Others
|
|---|---|---|---|
|
§ 176-6
|
$125
|
$150
|
$200
|
|
§ 176-7
|
$125
|
$150
|
$200
|
|
§ 176-8
|
$50
|
$100
|
$150
|
|
§ 176-9
|
$30
|
$60
|
$100
|
|
§ 176-10
|
$30
|
$60
|
$100
|
|
§ 176-11
|
$50
|
$100
|
$200
|
|
§ 176-12
|
$30
|
$60
|
$100
|
|
§ 176-13
|
$50
(plus $5 per acre)
|
$75
(plus $5 per acre)
|
$100
(plus $5 per acre)
|
|
§ 176-14
|
$50
|
$100
|
$200
|
(2)
If a citation for a violation of an ordinance is contested by the
person charged with the violation, the penalties set forth in this
subsection shall apply and shall be calculated per noted violation:
|
Violation (Contested)
|
First Offense
|
Second Offense
|
All Others
|
|---|---|---|---|
|
§ 176-6
|
$200
|
$225
|
$300
|
|
§ 176-7
|
$200
|
$225
|
$300
|
|
§ 176-8
|
$100
|
$150
|
$200
|
|
§ 176-9
|
$60
|
$125
|
$100
|
|
§ 176-10
|
$60
|
$125
|
$100
|
|
§ 176-11
|
$100
|
$150
|
$250
|
|
§ 176-12
|
$60
|
$125
|
$100
|
|
§ 176-13
|
$80
(plus $5 per acre)
|
$120
(plus $5 per acre)
|
$150
(plus $5 per acre)
|
|
§ 176-14
|
$100
|
$175
|
$250
|
B.
In addition to the fines in this subsection, the Code Enforcement
Board may impose a daily civil penalty not to exceed $100 per day
after a hearing and a finding upholding a citation and where the violation
has not been corrected. The Code Enforcement Officer is permitted
to petition the Code Enforcement Board for a hearing to request the
imposition of the daily civil penalty for any violation.
