Title
An Ordinance amending Article 5 of the Zoning Ordinance to provide clarification about the Government's ability to abate a violation of the Zoning Ordinance. (Urban County Planning Commission). Approval 8-2 [Div. of Planning, King]
Summary
[An Ordinance amending Article 5 of the Zoning Ordinance to provide clarification about the government's ability to abate a violation of the Zoning Ordinance. Approval 8-2 [Div. of Planning]]
Body
WHEREAS, the Lexington-Fayette Urban County Planning Commission has considered a text amendment to Article 5 of the Zoning Ordinance to clarify the governments ability to abate a violation of the zoning ordinance; and
WHEREAS, the Planning Commission did hold a public hearing on this proposed text amendment on July 25, 2013; and
WHEREAS, the Planning Commission did recommend APPROVAL of the text amendment by a vote of 8-2; and
WHEREAS, this Council agrees with the recommendation of the Planning Commission; and
WHEREAS, the recommendation form of the Planning Commission is attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Article 5 of the Zoning Ordinance of the Lexington-Fayette Urban County Government is hereby amended to read as follows:
ARTICLE 5: ADMINISTRATION, ENFORCEMENT AND VIOLATIONS
Article 5-9(d) ABATEMENT - When there is reason to believe that the violation poses a serious threat to the public health, safety or welfare; or in situations where damage resulting from continuation of the violation would be irreparable or irreversible; or if the violation represents a continuing public nuisance, the government may, without further notice proceed to abate the conditions. In the case of a continuing public nuisance, abatement involving the removal of structures or materials shall only take place after a civil citation has been issued and ha...
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