Frequently Asked Questions

What is the difference between Code Enforcement and a Homeowner’s Association?
Code Enforcement agencies are a function of many governments and are in place to ensure compliance with Ordinance requirements and adopted regulations related to land use, zoning, sign standards, public nuisance and health and housing codes.   In our cities we educate residents and businesses about City Codes and requirements.  Most codes and ordinances apply to every property within the City.  Ultimately, the purpose is to ensure that all neighborhoods and properties are maintained protecting property values, and to promote the health, safety and welfare of the residents. 

Homeowner’s Associations are private organizations that are paid by designated neighborhoods to oversee their particular maintenance standards.   The neighborhoods were designed to be managed by a Homeowner’s Association. Homeowner’s Associations have the right to enforce and assess fines to members in accordance to the Home Owners Association’s Codes.   Typically as part of the purchase process, each property owner within these designated neighborhoods signs documents agreeing to the standards that have been established and will abide by any penalties assessed.

A Homeowner’s Association may establish maintenance standards that require a higher standard of upkeep than the City Codes. Neighborhoods that are within Homeowner Association areas are still required to also abide by City Code requirements.

Code Enforcement staff enforce City Ordinances and Code Standards at all properties within your city, including those properties within a Homeowner’s Association area.  However, a Homeowner’s Associations enforces maintenance standards within their designated neighborhood.  HOA standards can be similar to City Code requirements or more restrictive.  However, if an HOA requirement or standard is less restrictive than the City Code, the City’s Code requirement remains and is required to be met. 

How do I know if I have a violation on my Property?
Code Enforcement has many methods of initiating contact. The standard enforcement tool is the “Notice of Violation.”  This is a printed or hand written hard copy document that lists general common violations and detailed required corrective actions to resolve the complaint.  The Code Inspector may add more detailed descriptions of the violation, or describe other violations not listed on the form.  In most cases, Code Inspectors will try to make contact with occupants by knocking on the door or ringing the doorbell.   If there is no answer at the door, the notice is left at the front door.  The same notice may also be mailed to the property in question or the address on file with the Jefferson County PVA.  

What happens if I have a violation?
Once it has a violation has been observed, it is the intent of Louisville Code Enforcement and Mediation to have the resident/property owner come into voluntary compliance. To accomplish this, the resident is normally given 7 to 21 days to take whatever action is requested to correct the problem.  On the scheduled compliance date, a follow-up inspection is conducted.  If the violation is still on the property additional informal and formal steps may be used to gain compliance.  For instance, an attempt to contact responsible party may be made in person or via telephone and a “Sorry I Missed You” note or business card may be left at the front door asking the resident to call the Inspector.  It is also possible that a civil court process may be initiated. 
   
What if the property is a rental?
For common violations, Code Enforcement will typically try to gain voluntarily compliance from either the resident of the property or the property owner.  In the event the resident does not voluntarily comply, the Code Inspector will notify the owner of the property as recorded with the county assessor’s office.  A formal Notice to Comply will be issued to the property owner.

What happens if the property does not come into compliance?
There are times when voluntary compliance is not achieved. When informal and formal efforts fail to get compliance, the Code Inspector will initiate an appropriate progressive enforcement step.  Depending on the violation, this might include issuing a civil citation requiring the responsible party’s appearance in Municipal Court, an administrative or Court Abatement request or a request sent to the prosecutor for a criminal complaint.  
 
What are the legal actions that might be taken?
Legal action can be started in several ways. The common method of legal action is a citation issued to the responsible party.

A longer method, for action to be started is the filing of a long form complaint with the City Attorney requesting that they review the case to determine if there is enough evidence to go forward with issuing civil charges.  In the event the case proceeds, the responsible party will be issued a subpoena to appear in court. The normal court proceedings will occur.

Ultimately, the registered owner of the property is responsible to maintain the property in compliance.  However, legal actions can be taken against any responsible party including property owners, occupants and property management representatives.

What are the most common violations that occur within the City?
Code Enforcement receives numerous complaints, covering a wide range of problems. The following is a listing of some of the most common complaints received.

•  Parking on Unimproved Surfaces: Most city ordinances requires that all parking surfaces be a solid surface.  Most ordinances state, “All parking surfaces shall be asphalt, concrete, or masonry.” Parking on the grass, dirt, crushed granite, or other type of rock does not meet the code requirements. (Some cities do consider gravel as a hard surface.) 
• Uncultivated Vegetation, Weeds or Grass in excess of 6" in height: All premises within most cities shall be maintained in a neat and attractive manner. The responsible person of any residence is responsible for maintaining the entire premises, including abutting public ways, up to the curb and up to the center of any abutting alleys free of debris, litter, trash and weeds.  Six inches in height is the height standard for any uncontrolled vegetation.
• Fences and gates in disrepair: For the fence to serve its intended purpose, it must be maintained so the fence may screen, protect and secure.