Feel free to contact a board member to add your question to our Q & A Section.
Is the homeowner responsible for care and maintenance of street trees?
Homeowners are responsible for reasonable care and maintenance of street trees. This includes watering, pruning, and removal of dead limbs. [Ordinance 17B-8]
Can a homeowner allow a tree, including street trees, to grow in such a way as to interfere with or obstruct passage on a sidewalk?
It is unlawful for the homeowner to allow a tree, including street trees, to interfere with or obstruct passage on a sidewalk. The minimum clearance of any overhanging portion of a tree is 7 feet over sidewalks and 12 feet over streets. [Ordinance 17B-8]
Can a homeowner allow a dog to bark repeatedly or frequently? No. It is unlawful to allow a dog to bark “repeatedly or frequently” or to otherwise create a noise disturbance across the property boundary line “in such a manner so as to annoy or disturb a reasonable person of normal sensitivities.” [Ordinance 14-72(10] Continual dog barking is a misdemeanor that can result in an order of abatement of the noise disturbance and fines of $50 to $500.
Who should one contact about a continual barking dog? You should contact (a) the dog owner, (b) an HVNA board member, or (c) the LFUCG Animal Control Unit. Under the heading Helpful Links on this website there is a link to Animal Control which includes the phone number and a link to the Animal Control website.
Are pet owners required to maintain sanitary conditions in their yards? Yes. It is unlawful for the owner of an animal to allow the accumulation of animal excrement that causes unsightly litter or fouling of the air which results in an unreasonable annoyance or discomfort to neighbors. This is punishable by fines of $25 to $500 and impoundment of the animal. [Ordinance 4-12.2]
Can a homeowner park a vehicle on a sidewalk?
No person may stop, stand, or park a vehicle on a sidewalk. [Ordinance 18-119 and 18-129(3)]
Can a person park a vehicle in front of a driveway or near a stop sign?
No person may stop, stand, or park a vehicle in front of a driveway or within 30 feet upon the approach to any stop sign. [Ordinance 18-119]
Can a homeowner park a motor vehicle, including boats, personal watercraft, and trailers, in the front yard, side yard or back yard?
It is unlawful for any person to park a vehicle within the front yard, side yard, or back yard of any residential structure except upon an approved residential driveway. [Ordinance 18-129(2)]
The definition of “vehicle” is in Ordinance 18-1(35).
How long can a person park a vehicle, including boats, personal watercraft, and trailers, on the street?
A person cannot park a vehicle on any street for more than 24 hours. Any vehicle parked on a street for more than 24 hours is deemed a public nuisance. [Ordinance 18-122 and Deed Restrictions 7]
Are there special rules for parking large vehicles, including boats, personal watercraft, and trailers, on residential streets?
It is unlawful for any person to park a vehicle, including boats, personal watercraft, and trailers, exceeding 7 feet in overall width or 20 feet in overall length or 7 1/2 feet in overall height, upon any street or highway in any residence district for longer than 2 hours except when loading or unloading. [Ordinance 18-129 (1)(a)]
Is there an ordinance on noise disturbances?
No person can make, continue, or cause to be made, continued or permitted any noise or disturbance on or across a public right-of-way or a public place. There are also specific acts that are prohibited as noise disturbances. [Ordinance 14-71]
What are some of the specific acts prohibited by the noise disturbance ordinance?
There are 11 prohibited acts in the ordinance. Some are:
Maintaining any machinery or equipment, whose operation involves rotating or reciprocating parts or equipment in such a manner as to create a noise disturbance across a dwelling boundary unit. [Ordinance 14-72 (1)]
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or other similar device outdoors that creates a noise disturbance across a dwelling unit boundary, other than powered snow removal equipment, between the hours of 11 p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a dwelling unit boundary. [Ordinance 14-72 (3)]
Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument or similar devices in such a manner as to create a noise disturbance across a dwelling unit boundary. [Ordinance 14-72 (8)]
Repairing, rebuilding, modifying, testing or operating any motor vehicle, motorcycle, motor bicycle or motorboat in such a manner as to cause a noise disturbance across a dwelling unit boundary. [Ordinance 14-72 (9)]
It is unlawful to harbor any animal, including domestic pets, that repeatedly or frequently emits any sound, including barking, yelping, howling, meowing, or squawking, or that otherwise creates a noise disturbance across a dwelling unit boundary, in such a manner as to annoy or disturb a reasonable person of reasonable sensitivities. [Ordinance 14-72 (10)]
Does the city regulate when roll cart garbage containers can be placed at the curb and where they may be stored between collections?
Roll cart garbage containers may be placed on a curb no sooner than 4:00 p.m. the day before collection and removed by no later than 7 p.m. on the day of collection. When not at the curb for collection, roll carts and other approved receptacles must be kept in the rear yard or side yard. [Ordinance 16-10(b)] This ordinance at this time only applies to homeowners who have city garbage collection. This could be changed to also apply to homeowners who have private garbage collection since the city has a legitimate public interest to regulate all roll cart garbage containers. Until then, this is a good standard that all homeowners in Harrods View should meet. Otherwise, the homeowner could be deemed in violation of Harrods View Deed Restriction 8 that prohibits anything being done on a lot “which may be or become an annoyance or a nuisance to the neighborhood.”
Does Harrods View have Deed Restrictions?
The Deed of Restrictions for properties in Harrods View were recorded by the developers in the Fayette County Clerk’s Office on October 7, 1987 and are recorded in Book 1457 at page 311 and on July 27, 1990 in Book 1554 at page 375. The restrictions limit or restrict activities on the properties. They are binding on every homeowner, run with the land, and may be enforced by the developer or any lot owner by appropriate legal procedure.
Are there deed restrictions on engaging in major car repairs?
The Harrods View Subdivision Deed of Restrictions prohibits any person from engaging in major car repairs either for himself or others at any time. [Deed Restrictions 3]
Are there deed restrictions on parking commercial vehicles or trucks?
No commercial vehicle or truck over 3/4 ton can be regularly parked on any lot or street in the subdivision unless housed in a garage. [Deed Restrictions 3]
Are there deed restrictions on parking recreational vehicles, trailers, or boats?
No recreational vehicle, trailer, or boat can be parked in any front yard or on any street in the subdivision for more than 24 hours or in any manner that may be construed as an intentional attempt to circumvent this restriction. [Deed Restrictions 7]
Are there deed restrictions on maintaining one’s lawn?
If the owner of a lot fails to maintain the lawn, a lot owner “may enter the lot to cut grass and /or weeds and remove any debris necessary, and to collect its costs of labor and material plus 25% from the owner of said lot.” [Deed Restriction 6]
Are there deed restrictions on noxious or offensive activity or any act that is an annoyance or nuisance to the neighborhood?
No noxious or offensive trade or activity may be carried on upon any lot nor shall anything be done on the lot which may be or become an annoyance or a nuisance to the neighborhood. [Deed Restrictions 8]
Are there deed restrictions on fences, hedges, or walls?
No fence, wall, hedge of any nature may be extended toward the front or side of the property line beyond the building set-back line as shown on the recorded plat and may not extend toward the front of the house past the rear corner. [Deed Restrictions 12]