Hopkinsville code board finds multiple properties unsafe, orders abatement, demolition and towing

The City of Hopkinsville Code of Ordinance Enforcement Board closed three public hearings and took multiple enforcement actions after hearing code officers— reports that properties meet the city—s unsafe-structure criteria.

The board heard testimony from code enforcement officers Mark DeArmond and Darnell West and considered statements from property owners or their representatives. After deliberation the board: (1) found a structure at the address cited in case CEBPM24-10-017 to be unsafe and authorized city abatement and a minimum fine plus administrative fees; (2) found the property in case CEBPM24-12-004 in violation but granted the owner 90 days to bring it up to code and assessed a minimum fine plus administrative fees; (3) found the property in case CEVPM25-01-007 unsafe and ordered demolition with a fine and administrative fee; (4) upheld a set of default citations listed on the agenda with an administrative fee; and (5) approved towing of an abandoned vehicle at 1535 East Seventh Street associated with case O8005.

Board action and why it matters

Hopkinsville relies on its Code of Ordinance Enforcement Board to address properties judged to be unsafe, which can involve demolition, city-funded abatement with a lien on the property, or time-limited repair agreements. The board—s decisions authorize follow-up work by city staff or contracted vendors and can result in liens when the city pays to abate or demolish.

Case CEBPM24-10-017 (Theophilus Smith)

Mark DeArmond, code enforcement officer for the Hopkinsville Fire Department, presented photographs and inspection findings for the property identified in the agenda as case CEBPM24-10-017. DeArmond described interior conditions including missing floors and floor joists, dirt floors, walls supported only by loose concrete blocks, a sagging roof and a leaning chimney. He also reported that electric and water services remained active while Atmos Energy showed no gas service. DeArmond summarized the unsafe-structure checklist results and told the board that, based on the checklist, the structure met the city—s unsafe criteria.

DeArmond said, "The concrete blocks that you see around the foundation are just laid against the foundation and the ground. They are not connected. They—re not supporting the house at all." The property owner, Theophilus Smith, did not appear at the hearing.

After discussion the board voted to find a violation and then voted to impose the minimum fine and a $200 administrative fee and to allow the city to abate the property. The motion also included removing any accessory structures on the site as part of abatement. The board recorded the outcome as approved and closed the hearing on that case.

Case CEBPM24-12-004 (Rocky Bobbitt, 549/5549 Mc-- transcript gives both forms)

Mark DeArmond told the board this property had been the subject of repeated complaints beginning April of the prior year. DeArmond reported standing water in a basement (measured about 24 inches during an inspection), missing or broken access doors to the basement, rotted exterior sheathing under asbestos shingles, broken windows and roof damage. He told the board that electrical service and water had been disconnected in the utility records for at least eight years and gas service for about 13 years.

Rocky Bobbitt, who identified himself as the property owner and gave an address of 2802 Dawson Springs Road, said he acknowledged the house "is in need of repair." He told the board he had been approached by a potential buyer and preferred selling to someone who would renovate the house rather than demolish it. "I acknowledge that 549 McLean Avenue is in need of repair," Bobbitt said, "...I firmly believe this house still has potential to be restored into a livable home." (Quote as spoken.)

Board members discussed safety concerns related to the open basement and the site—s tendency to collect water, described by staff as an "attractive nuisance" for children. A board member noted the ordinance allows the board to give a property owner 90 days to submit a detailed plan (typically within 45 days) and up to 90 days to complete repairs. The owner agreed to secure the basement entry immediately if given time to market or rehabilitate the property.

Motion and outcome: the board found a violation, granted the owner 90 days to bring the house into compliance with the Kentucky Residential Building Code (including submission of plans as required), assessed the minimum fine and a $200 administrative fee, and required immediate securing of the basement opening as a safety measure. The board also noted earlier city liens related to prior exterior citations totaling roughly $1,100.

Case CEVPM25-01-007 (John Poindexter)

Darnell West and DeArmond inspected the property after a neighbor complaint. West reported severe structural decay: disconnected electricity (power off for about three months at the time of inspection), evidence of missing floors, missing ceilings, separation in foundation block joints, and multiple interior and exterior failures. West told the board that, for his inspection, 16 of 16 applicable checklist items met the unsafe-structure definition.

West said the interior presented "no ceilings, no walls, tremendous amount of clutter" and that the structure presented immediate safety risks to adjacent neighbors due to its condition and location.

Motion and outcome: the board found a violation, approved demolition of the structure, and assessed a $350 minimum fine plus a $200 administrative fee. The board instructed staff to proceed with abatement/demolition per the ordinance and to place any resulting lien on the property as allowed.

Default final orders and towing authorization

The board also heard the staff summary of default final orders on several agenda items. After testimony by Darnell West, the board voted to uphold the citations listed under agenda items 8a through 8d and to assess the fines listed on the agenda with a $100 administrative fee.

Separately, West requested authority to tow an inoperable vehicle (case O8005) remaining at 1535 East Seventh Street (owner listed as Johnny Laura). West said five vehicles were initially cited at that address; one (case O8004) had been removed and O8005 remained with flat tires, expired tags and items in the vehicle. The board voted to approve towing of the vehicle associated with case O8005.

Votes at a glance

- Case CEBPM24-10-017 (property owner Theophilus Smith): Board found a violation; authorized city abatement/demolition if needed; minimum fine imposed plus $200 administrative fee; outcome: approved.

- Case CEBPM24-12-004 (property owner Rocky Bobbitt): Board found a violation; granted owner 90 days to submit plans/rehab to Kentucky Residential Building Code; owner must secure basement immediately; minimum fine imposed plus $200 administrative fee; outcome: approved.

- Case CEVPM25-01-007 (property owner John Poindexter): Board found a violation; ordered demolition/abatement; minimum fine imposed plus $200 administrative fee; outcome: approved.

- Agenda items 8a—6d (default final orders): Board upheld the citations and the fines listed on the agenda and applied a $100 administrative fee; outcome: approved.

- Vehicle case O8005 (1535 East Seventh Street, owner Johnny Laura): Board authorized towing of the vehicle (O8005); outcome: approved.

What the orders mean next

For property-owners who are given 90 days, the board and staff said the owner must submit a clear plan (electrical, plumbing, structural) per the city—s timelines (plan submission timeline described by board as 45 days to submit and 90 days to complete). If owners fail to act, staff said the city will contract demolition or abatement on day 91 and place a lien on the property for recovery of costs. The board also noted appeals of final orders are available to the Christian District Court within 30 days of the board—s final order; that review is limited to the record created before the board.

Ending

Board members and staff closed the meeting after directing clerks to complete paperwork for the approved orders. Staff will now proceed with scheduling abatement or demolition and with arranging towing as authorized; any city-contracted abatement will be followed by placement of liens where permitted by ordinance.