Code Enforcement
Code Enforcement works with property owners to bring their property into compliance with the International Property Maintenance Code and the Lexington-Fayette Urban County Government Code of Ordinances to ensure a safe and beautiful Lexington. The Division:
- Addresses reported violations of local ordinances related to the maintenance of all homes, apartments, businesses and all yards/lots within Fayette County.
- Provides inspections related to structure maintenance, sidewalk serviceability, nuisance violations and illegal temporary signs.
Code Enforcement’s operations are based on Chapter 12 of the LFUCG Code of Ordinances (housing and nuisance), Chapter 17 of the LFUCG Code of Ordinances (sidewalks) and Chapter 17 of the Lexington Zoning Ordinance (temporary signs).
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How do I report a suspected violation to Code Enforcement?
You can report suspected violations by calling LexCall at (859) 425-2255 or 311 if you’re calling from Lexington. Citizens may also submit a service request online.
Please note: All complaints are prioritized as they are received. Safety issues will take priority over all other matters.
What does it mean if I have received a notice of violation?
If you have received a notice of violation, it means a complaint has been made regarding the property. An officer inspected the property and found violations to be present.
What is a housing violation?
The LFUCG Code of Ordinance’s Chapter 12 gives standards about the condition of all structures in Fayette County. The International Property Maintenance Code is used as the basis for these standards. A notice of violation may be issued if the ordinances are violated.
What is a nuisance violation?
Chapter 12 of the City Code of Ordinances prevents property owners from having any of the following on their property:
- Grass and/or weeds 10" inches or more in height.
- Bushes, hedges and/or trees that interfere with sidewalk travel.
- Accumulation of trash and debris in the yard.
- Furniture and appliances made for indoor use, but kept outside.
- Any junked, wrecked, non-licensed, improperly licensed or inoperable vehicle (car, truck, etc.).
Please refer to Chapter 12 of the Code of Ordinances for full details and/or contact us at (859) 258-3091 for assistance.
There are ordinances that provide relief to certain circumstances (i.e. property zoned as agricultural, licensed businesses, etc.).
What do I need to know about snow on sidewalks?
Per ordinance 12-8.4, once official notification stating the end of a snow event has occurred, property owners must clear any accumulation of four inches or more of snow from their sidewalk within 24 hours of the notification. The notification will be put on the city's website and given to media outlets for distribution. This requirement will only apply to a property if the abutting street has been plowed.
If after 24 hours the property owner has not removed the snow, a notice of violation may be issued. The notice of violation will be posted at the property and mailed to the property owner. It will give the property owner an additional 24 hours to come into compliance. If after those 24 hours the sidewalk is still not in compliance, a civil penalty in the amount of $100 may be issued with additional civil penalties being issued every 24 hours after that until the snow is removed.
If there are extreme weather conditions, this requirement may be temporarily suspended until conditions improve. This announcement will be made on the city's website and in public communications as well.
Code Enforcement only responds to complaints about snow and does not conduct proactive inspections.
What is a sidewalk violation?
Chapter 17-147, of the LFUCG Code of Ordinances states, “It shall be the duty of each owner of real estate abutting on any sidewalk to repair, at his own expense, all holes, uneven surfaces and other defects in the sidewalk upon which his property abuts.”
Simple cracking does not automatically mean a sidewalk is in violation. Horizontal and/or vertical displacement, which could cause a safety issue take priority. When officers inspect a sidewalk in violation, they will mark the area that needs to be repaired or replaced with pink paint. A notice of violation will be sent by U.S. mail to the property owner. Owners have 90 days to make repairs or provide the officer with information which justifies a time extension. The criteria used to decide if a sidewalk is in violation can be found on the notice of violation.
Did you know all owner occupied properties qualify for cost share funds?
- You must have received a notice of violation to qualify for reimbursement.
- You cannot remove any panels before the inspector does the inspection.
- You must replace the sidewalk to be eligible for reimbursement.
- You may also qualify for 100% reimbursement if your income falls below 80% of the area median income.
- Funds are available on a first come, first served basis.
- If you’d like to self-report your sidewalk issues, or if you have any questions about the program, call LexCall at 311.
The cost share program reimburses $7.50 per square foot related to the replacement of any residential sidewalk which has received a notice of violation. Up to 100% of the replacement cost may be available to homeowners that are considered qualified property owners, as defined in Chapter 17-162 of the Code of Ordinances. Community and Resident Services determines if you are eligible. The funds in the cost share program are distributed each fiscal year, and are available until the budgeted funds run out.
What do I do if I have been sent a notice of violation by Code Enforcement?
Read the notice thoroughly. If you have questions about the violations or about the process associated with the notice, contact the officer. The officer's contact information can be found on the notice.
If you are unable to reach the officer, contact Code Enforcement (859) 258-3091.
What should I do if I have received more than one notice?
It is possible you may receive more than one notice for a property. Since housing, nuisance, and sidewalk issues are all addressed separately in the code of ordinances, each violation has a different procedure. It is possible you could be assigned two case officers for your property, which may cause some confusion.
If you receive notices from two different officers, please contact each officer listed on the notices and make them aware of the situation. We try to ensure that this does not occur, but there are times when it isn’t discovered. Once the officers are aware of the issue, they will work with you to ensure you have proper time to address all the violations.
How much time do I have to come into compliance before a citation/fine can be issued?
A notice of violation tells you the date your property must be in compliance, and what actions may be taken if compliance is not met by that date.
In an emergency situation when a violation is present that may endanger others, then the time to meet compliance may only be 24 hours or even addressed by the property owner or officers immediately. Therefore, it is very important for you to look at the notice of violation to see when the the property must be in compliance.
However, in most cases a notice of violation for housing violations has an initial period of 60 days to come into compliance. If you receive a notice regarding nuisance violations, you would typically have 14 days to come into compliance.
If you receive a notice regarding sidewalk violations, you have 90 days to repair or replace the damaged areas.
*Officers may provide additional time for the property to come into compliance if needed and warranted. Please see “What should I do if I need more time to correct these issues?"
What do I do if I want to appeal a Notice of Violation or Citation?
A Notice of Violation related to a housing, sidewalk or nuisance violation is not appealable.
The property owner may file a written appeal of a citation based on a housing, sidewalk or nuisance violation, but must do so within seven days of the “Date of Issuance,” which is located on the citation.
If an immediate family member files an appeal on the owners behalf, they must present a written, signed document from the owner giving them permission to act on their behalf. If the person filing the appeal is not an immediate family member, they must present a signed and notarized limited Power of Attorney indicating they may represent the owner in the appeal process.
Appeals, which should indicate why the citation should be dismissed, may be filed via U.S. Mail or by delivering to the Division of Code Enforcement, C/O Secretary of Administrative Hearing Board, 101 East Vine Street, Suite 500, Lexington, KY 40507 or by faxing the appeal request to (859) 425-2274 – no emails. Failure to appeal a citation within the time allowed shall result in the determination the property owner has waived their right to appeal, the violations were present on the property, and the issuance of the citation was proper.
After I file an Appeal:
If you have filed your appeal within the legal time frame allocated, your appeal will be processed. You will receive a letter from the Secretary of Administrative Hearing Board stating what day and time your appeal hearing will be held.
All appeal hearings will take place at the Code Enforcement Office.
If your appeal request is received after the time allowed by law, then the appeal cannot be granted. You will receive a letter from the Secretary of the Administrative Board if your appeal is late and a hearing will not be granted.
What should I do if I need more time to correct these issues?
Additional time is commonly provided, but it is important for the property owner to ask for the time. No communication with the case officer could result in citations or abatements.
No additional time can be granted when violations present an immediate danger or safety risk. If you are issued an emergency notice, please contact the case officer immediately.
For general repairs, the case officers may provide additional time for property owners to correct violations when a compliance schedule is approved. A compliance schedule, which your case officer will provide upon request, outlines what the violations are and the date you plan to have them repaired.
How do I find a contractor, repair specialist or lawn care service to assist me if I cannot fix/address the situation myself?
Code Enforcement employees do not and cannot endorse any business or person regarding the work done on your property.
However, when looking for assistance, we recommend that you take the following into consideration:
- The Better Business Bureau and other similar organizations have valuable information about these services, which you could use to help make your decision.
- Family members, friends and neighbors can be an excellent source of information as well.
- Get estimates from numerous businesses and don’t sign a contract until you have fully read the contract and understand what will be done by the contractor and what they expect from you. Please make sure they are addressing all the violations and your needs.
- All contractors (excluding those who provide lawn services only) are required to be registered with Building Inspection – (859) 258-3770 – as a “general contractor.” However, those contractors who address matters related to electrical issues, plumbing and/or HVAC matters, must have additional licenses and permits in those areas as well. We recommend that you confirm your contractor has all their needed permits before you enter into any agreement.
- Sidewalks: If you have neighbors that have also received a Notice of Violation, you and your neighbors may want to jointly contact a contractor. Many times such efforts have resulted in a reduced cost for everyone. That does not imply that neighbors should “split” costs regarding their sidewalk replacement as some may have more sidewalk area that needs to be replaced then others. However, if neighbors can agree on one contractor and when the replacements will occur, many times a lower cost is incurred by each neighbor.
What can I do if I need financial assistance?
Code Enforcement's Housing Repair Assistance Program helps homeowners who received a notice of violations. Eligibility for the program is for owner-occupied properties. Income and family size are considered when deciding eligibility. This program provides funds and technical help so that a contractor can bring their property up to the standards of the property maintenance code and the LFUCG Code of Ordinances. The program provides financial assistance to assist eligible homeowners with needed repairs.
Housing Repair Assistance Brochure
Housing Issues:
For financial assistance programs, contact Grants and Special Programs at (859) 258-3070.
Property owners and tenants can contact Social Services at (859) 300-5300.
There are also numerous community and nonprofit organizations which may be able to assist you. Ask your case officer, Grants and Special Programs or Social Services for more information.
Sidewalks:
In most cases, the Sidewalk Replacement Grant Program, which is managed and distributed by Code Enforcement, can provide assistance to residential property owners. This grant may reimburse a reasonable amount (currently $5 per square foot) of cost related to the replacement of any residential sidewalk which has been placed under notice by Code Enforcement. Up to 100 percent of the replacement cost may be available to home owners that are considered qualified property owners, as defined in Chapter 17-162 of the Code of Ordinances, and certified as such by the Adult and Tenant Services. The funds contained in the grant are allocated each fiscal year and are only available until the budgeted allocation is exhausted. (Please see the related documents in your packet for details.)
What can happen if I do not make the repairs or fix the violations before the due date?
If you do not bring your property into compliance by the "Compliance Due Date” listed on the notice and you haven’t made arrangements with the case officer to have more time to address the violations, a citation may be issued.
Depending on the type of violations (housing, nuisance or sidewalk related), the number of violations and severity of the violations, citations normally can range from $100 to $2,500.
**Citations related to sidewalks violations are based on the square footage of the damaged area at a rate of $10 per square foot. (Not to exceed $500 per re-inspection).
What happens if I don't pay a citation or abatement cost?
If a property owner is issued a citation or invoiced property abatement costs and they do not make arrangements to pay these costs within 14 days of their issuance, then the outstanding amount may be converted to a lien on the property. The lien will accumulate at an interest rate established by ordinance until the lien is paid. An abundance of liens may also result in additional legal action being taken by the LFUCG.
How do I pay a citation or lien that has been issued on my property?
No payment can be accepted by Code Enforcement.
All payments related to citations, invoiced abatement costs, or liens should be made to the Lexington-Fayette Urban County Government and mailed or delivered to the:
Lexington-Fayette Urban County Government
C/O Division of Revenue
218 East Main Street
Lexington, Kentucky 40507
Include a copy of the citation, invoice and/or documents clearly identifying the referenced property to ensure proper credit occurs.
You can contact Revenue at (859) 280-8300 or visit their office at 218 East Main Street to obtain the outstanding balance or make payment. Code Enforcement can provide you with the outstanding balance, but cannot accept payment.
**Please Note: The releasing of a lien may take up to 30 days to occur.
Unsolicited materials
On March 2, 2017, the Urban County Council enacted Section 14-106 of the Code of Ordinances to regulate the placement of unsolicited written materials. By definition, unsolicited written materials are written materials delivered to a premise without the express permission of the owner, occupant or lessee. Examples may include, but are not limited to, advertising circulars, coupons, pamphlets, newsletters, books or magazines left without permission.
Under the ordinance, the delivery of unsolicited written materials is restricted to the following areas:
· on a porch nearest the front door;
· securely attached to the front door;
· through a mail slot on the front door;
· between the exterior front door (if one exists and is unlocked) and interior front door;
· in a distribution box on or adjacent to the premises;
· or by personal delivery to the owner, occupant, or lessee.
If unsolicited written materials are delivered to any of these areas, no violation of the ordinance has occurred.
News
Code Enforcement and Building Inspection are the first divisions in Kentucky to earn accreditation from professional organizations.