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(A) It shall be the duty of the authorized city official to serve or cause to be served a notice upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this chapter and to demand the abatement of the nuisance within the time specified unless the nuisance constitutes an immediate danger to the health and well-being of the community. If such danger is present, the nuisance may be abated immediately by the city. Notice shall be deemed proper if mailed to the last known address of the owner of the premises and if posted in a conspicuous place on the premises affected by the notice.
(B) If the person so served does not abate the nuisance within five days, or sooner if the nuisance constitutes an immediate danger to the health and well being of the community, 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 owner or occupant.
(C) Charges for nuisance abatement shall be a lien upon the premises. Whenever a bill for charges remains unpaid for ten (10) days after it has been rendered, the City Clerk may file with the County Clerk an affidavit of the responsible officer, which shall constitute prima facie evidence of the amount of the lien, and the regularity of the proceedings pursuant to this chapter and KRS 65.8840. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. Notice of the lien claim shall be mailed to the last known address of the owner of the premises and shall be posted in a conspicuous place on said premises. However, failure to record the lien claim or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges as provided in division (D) below.
(D) Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. This foreclosure shall be in equity in the name of the city. In addition to the abovementioned remedy or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(E) The City Attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over the matter, against any property and/or property owner for which the bill has remained unpaid sixty (60) days after it has been rendered.
(F) In the alternative to the abatement procedure described in this section, any police officer, the Building Inspector, the Zoning Administrator or other responsible officer designated by the Mayor may issue a written notice of violation of a nuisance which is a violation of § 92.02 or 92.03. If the person receiving the notice of violation does not abate the nuisance within five (5) days, a citation may be issued citing the person to appear in the County District Court for a violation of the specified provisions involved, or this section shall be enforced as provided in § 92.99, which provides for a mail-in ticket procedure. The amount of the fine shall be twenty-five dollars ($25.00) for the first offense, and fifty dollars ($50.00) for each subsequent offense, if paid within five (5) working days of the date on which the citation is received, provided that such fine shall be fifty dollars ($50.00) for the first offense, and one hundred dollars ($100.00) for each subsequent offense, if not timely paid within such five working days.
(Am. Ord. 37-91, passed 10-10-91; Am. Ord. 2008-07, passed 7-17-08)