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(A) Registration of a residential property as a vacant property shall include the address of the property and the name and contact information of a person located within the Commonwealth who is authorized to accept service on behalf of the creditor.
(B) If a residential property becomes or remains vacant as provided in § 92.37, but prior to vesting of title in the creditor or any third party, and the city determines the property is in violation of any ordinance regulating a nuisance, the city may notify the creditor of the violation by providing notice of the violation by certified mail, return receipt requested, to the person identified in division (A), and may require the creditor to correct the violation to the extent consistent with the terms of the notice.
(C) A notice of violation shall include a description of the conditions that give rise to the violation with the notice of violation and shall provide a period of not less than five days from the creditor's receipt of the notice for the creditor to remedy the violation, or sooner if the nuisance constitutes an immediate danger to the health and well being of the community.
(Ord. 2010-15, passed 11-18-10)
If the creditor fails to remedy the violation within the stated period, the city may issue a citation and impose penalties against the creditor for violation of any ordinance regulating a nuisance; and the city is hereby empowered to enter upon the private property to abate the nuisance, keeping an account of the expense, including, but not limited to, the labor and materials, of the abatement; and the expense shall be charged to and paid by the creditor. The city shall possess a lien on property for all fines, penalties, charges, and fees imposed pursuant to this subchapter, which lien shall be superior to and have priority over all other liens on the property, except state, county, school board and city taxes.
(Ord. 2010-15, passed 11-18-10)
Any violation of a provision contained in §§ 92.01 et seq. or 92.20 et seq. is hereby classified as a civil offense, pursuant to KRS 65.8808 and subchapter §§ 35.60 et seq., and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with these provisions, and nothing contained herein, or in §§ 35.60 et seq., shall prohibit the enforcement of these provisions by any other means authorized by law, specifically, without limitation, the provisions § 92.99.
(A) If a citation for a violation of an abovementioned provision of Chapter 92 is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be seventy-five dollars ($75.00) for the first offense, one hundred fifty dollars ($150.00) for the second offense and two hundred fifty dollars ($250.00) for the third, and thereafter, offense.
(B) If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from twenty dollars ($20.00) to two hundred dollars ($200.00) for the first offense; from sixty dollars ($60.00) to six hundred dollars ($600.00) for the second offense; and from one hundred eighty dollars ($180.00) to one thousand eight hundred dollars ($1,800.00) for the third and thereafter, offense.
(C) Each abovementioned provision of Chapter 92 violated shall be considered a separate fineable offense. If two (2) or more abovementioned provisions of Chapter 92 are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense without issuance of a separate citation.
(Ord. 8-99, passed 4-1-99; Am. Ord. 2023-09, passed 10-5-23)
Cross reference:
(A) In arriving at realistic penalties for violations of provisions contained in this chapter, the primary objective has been to establish them as part of the simplest possible enforcement system. The system had these features.
(1) A mail-in ticket which:
(a) Identifies the violator.
(b) Lists and identifies violations of the code provisions by section numbers.
(c) States the prescribed fine beside each violation listed.
(d) Provides simple instructions on where the ticket is to be mailed with a check or money order in the amount of the stipulated fine.
(e) States a simple procedure to follow if the violator elects to appear in court to plead his case rather than mail in the fine.
(2) Use of the above ticket by all department and city personnel authorized to enforce the sections of this chapter.
(3) Use for particularly flagrant violations (those nuisances which are dangerous or unhealthful or which are detrimental to the health, safety and welfare of the citizens and visitors of the city). This would be in the form of a direct summons to the court, with penalty range substantially above those on the mail-in ticket.
(B) Fines.
(1) The schedule of penalties for violations of this chapter is as follows:
(b) The fine provided in division (B)(1)(a) of this section shall be double if not paid within five (5) business days after the issuance of a citation. If the fine is not paid within ten (10) business days after the issuance of a citation, the violator may be cited to appear before the Campbell District Court and all court costs shall be borne by the violator in addition to any fine imposed by the court.
(c) Whoever violates any provision of this chapter and is found guilty in District Court shall be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day’s continued violation shall constitute a separate offense.
(C) Any creditor that fails to register vacant residential property with the city shall be subject to a civil fine of $100 payable to the city for each day of delinquency.
(Am. Ord. 2010-15, passed 11-18-10)