§ 35.22  CODE ENFORCEMENT BOARD.
   (A)   Title of section. This section  shall be known and may be cited as the " Code Enforcement Board Ordinance."
   (B)   Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      ABANDONED. Property or any improvements thereon that is unoccupied, not in use, neglected, and/or not serviced by public utilities.
      CODE OFFICIAL. Property Maintenance Inspector/Building Inspector, the Community Development Director or their duly authorized representatives, all of whom are charged with the administration and enforcement of this section.
      DEMOLITION.  The act of demolishing or razing of a building, structure or part thereof to the ground level.
      OFFENSES.
         (a)   First offense shall mean a citation issued on a specific parcel of property on one occasion within a 12-month period.
         (b)   Second offense shall mean a citation issued on a specific parcel of property on two occasions within a 12-month period.
         (c)   Third  plus offenses shall mean a citation issued on a specific parcel of property on three or more occasions within a 12-month period.
      PERSON. Any individual, firm, business, partnership, association, corporation, company or organization of any kind.
      PROPERTY MAINTENANCE CODE. All of the provisions set forth herein and any and all other ordinances hereafter adopted by the Board of Commissioners pursuant to KRS 65.8801 to KRS 65.8839, as may be amended from time to time.
      PROPERTY MAINTENANCE CODE ENFORCEMENT BOARD.  The administrative body created and acting under the authority of the KRS 65.8801 to KRS 65.8839.
      PROPERTY MAINTENANCE CODE ENFORCEMENT OFFICER.  All city citation officers and other positions authorized to enforce the code.
      PUBLIC NUISANCE.  Shall include, but is not limited to, the following:
         (a)   The physical condition or occupancy of any property regarded as a public nuisance at common law;
         (b)   Any physical condition or occupancy of any property or appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, or swimming pools, shafts, basements, excavations and unsafe fences or structures;
         (c)   Any property that has unsanitary sewerage or plumbing facilities;
         (d)   Any property that is unsafe for human habitation;
         (e)   Any property that is in imminent danger of becoming a fire or other hazard, or is manifestly unsafe or unsecure, so as to pose an imminent threat or danger to life, limb or property;
      (f)   Any property from which the plumbing, electrical, heating or other facilities required by this Code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective or the required precautions against trespassers have not been provided;
      (g)   Any property that is unsanitary, littered with rubbish or garbage or has uncontrolled weeds and/or grass growing on it;
      (h)   Any residence, building, outbuilding or other structure that is in a state of dilapidation, disrepair, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent that it is uninhabitable, in danger of collapse or failure or dangerous to anyone on or near the property.
      (i)   Any parking on grass areas of the city right of way or any residential yard space or otherwise in violation of city codes.
      (j)   Any vehicle, device or other contrivance, or part thereof, propelled by human or mechanical power, that if operational would be used for transportation of persons on public streets and highways, which upon inspection, are found to be wrecked, dismantled, partially dismantled, inoperative, abandoned, discarded or expired tags, see division (K).
      (k)   Excessive weeds and grass, see division (L).
      REMEDY. The action taken to abate any nuisance, in order to bring the property determined to be in violation, into compliance with the requirements of this Property Maintenance Code.
      VENTILATION DAYS. As used in  the International Property Maintenance Code 304.14 shall be the period from May 1 to October 31.
   (C)   Jurisdiction. The Property Maintenance Code Enforcement Officer and Property Maintenance Code Enforcement Board shall have jurisdiction over and shall enforce this Property Maintenance Code and all other ordinances hereafter adopted which specifically provide for the enforcement by the Code Enforcement Officer(s) or Board, in the manner set forth herein.
   (D)   Powers and Responsibilities of the Property Maintenance Code Enforcement Officer(s); Notice of Violation; Issuance of Citation and Procedure; Appeal process; Abatement of Nuisance; Right of Entry; Liability; Modifications. The following provisions shall govern all enforcement powers, responsibilities and procedures administered by the Property Maintenance Code Enforcement Officer(s):
      (1)   Notice of violation. Except as provided in division (1) below, if a Property Maintenance Code Enforcement Officer believes, based on the officer's personal observation or investigation, that a person has violated the Property Maintenance Code, the officer shall issue a notice of violation to the property owner, resident, tenant, occupant or other violator, allowing that person a specified and reasonable number of days to abate the violation. The violator may upon request, be allowed a reasonable extension of time to abate the violation without imposition of any charges, costs, penalties, and fees, in the sole discretion of the Property Maintenance Code Enforcement Officer. If the violator fails to abate the violation within the time prescribed therein, a new and separate notice of violation may be issued for subsequent and separate violations of the Property Maintenance Code. In the event that the resident, tenant, occupant or other violator is issued a notice of violation, the property owner of record will receive a copy of said notice.
      (2)   Notice of Violation Procedure. Notices of violation issued by Code Enforcement Officer for violations of the code shall contain the following information:
         (a)   The address, location or description of the property found to be in violation of the Code;
         (b)   The date and time of inspection;
         (c)   The address of the property on which the notice is issued;
         (d)   The date the notice is issued;
         (e)   The facts constituting the offense;
         (f)   The section of the code violated;
         (g)   The name of the Property Maintenance Code Enforcement Officer;
         (h)   A statement that a civil fine, charges, costs, penalties, and/or administrative fees will be imposed for the violation if it is not abated in the manner required by the Property Maintenance Code Enforcement Officer;
      (3)   Type and delivery of notice. The notice of violation shall be in writing and shall be reasonably calculated to inform the violator of the nature of the violation. It will be in the form of a door hanger or may be hand-delivered to the property owner, resident, tenant, occupant or other violator or may be served or sent by first class mail addressed to the last known property owner of record as listed in the County Property Valuation office. If the notice cannot be delivered to the owner, resident, tenant, occupant or other violator in person or notice sent by first class mail is returned by the US Postal Service because said Notice is undeliverable, marked return to sender or the owner has left no forwarding address Notice shall be given by placing it on the door of the most visible entrance to the property with dwellings or structures located thereon, or by posting a sign, at least eight and one half inches by 11 inches in dimension in a conspicuous location on the property.
      (4)   Issuance of citation. If the property owner, resident, tenant, occupant or other violator fails or refuses to abate the violation within the time and manner required by the Code Enforcement Officer, the Officer is authorized to issue a citation. The citation shall represent a determination by the Code Enforcement Officer that a violation has been committed and that determination shall be final unless it is appealed by the alleged violator to the Property Maintenance Code Enforcement Board in the manner prescribed herein.
      (5)   Citation procedure. Citations issued by Code Enforcement Officer for violations of the code shall contain the following information:
         (a)   The address, location or description of the property found to be in violation of the code;
         (b)   The date and time of inspection;
         (c)   The name and address of the person to whom the citation is issued;
         (d)   The date the citation is issued;
         (e)   The facts constituting the offense;
         (f)   The section of the code violated;
         (g)   The name of the Property Maintenance Code Enforcement Officer;
         (h)   The fines, charges, costs, penalties, and/or administrative fees, imposed for the violation if the citation is not appealed in the manner prescribed within this section;
         (i)   The maximum fine that may be imposed under this section for the violation in question;
         (j)   The procedure for the violator to follow in order to pay the fine or to appeal the citation;
         (k)   A statement that if the violator fails to pay the fine set forth in the citation or appeal the citation within the time allowed, the violator shall be deemed to have waived his or her right to a hearing before the Code Enforcement Board to appeal the citation and the Code Enforcement Officer's determination that the violation occurred shall be final; and
         (l)   Notice that a lien may be filed against the property on which the violation occurred and that proceedings to enforce the lien may be initiated to collect fines, charges, costs, penalties, and/or fees, including attorney and administrative fees.
      (6)   Type and delivery of citation. The citation shall be in writing and shall be reasonably calculated to inform the violator of the nature of the violation. It shall be sent by first class to the resident, tenant, occupant or other violator as well as the last known property owner of record as listed in the County Property Valuation Office. If the citation cannot be delivered by first class mail or is returned by the US Postal Service because said citation is undeliverable, marked return to sender or the owner has left no forwarding address the citation shall be given by placing it on the door of the most visible entrance to the property with dwellings or structures located thereon, or by posting a sign, at least eight and one half inches by 11 inches in dimension in a conspicuous location on the property.
      (7)   Abatement of nuisance. If the violator does not appeal the citation within the time prescribed, the Code Enforcement Officer issuing the citation shall enter a final order finding and determining that the violation was committed and no appeal was timely filed. The Code Enforcement Officer may thereafter cause the nuisance to be abated by any and all means reasonable and necessary. A copy of the final order shall be served on the property owner; resident, tenant, occupant or other violator found to be in violation of this code.
      (8)   Emergency abatement. Nothing in division (7) above shall prohibit the city from taking immediate action to abate any violation of this ordinance without prior notice to the property owner, resident, tenant, or other occupant when an Enforcement Officer, upon inspection of the property has reason to believe that a violation presents a serious and imminent threat to any person, the public's health, safety, or welfare, or if in the absence of immediate remedial action, the effects or consequences of a violation will within reasonable probability, cause irreparable or irreversible harm and/or property damage.
      (9)   Right of entry.  Enforcement Officer(s), and their duly authorized agents, assistants, employees, or contractors, after first having obtained the consent of the property owner, resident, tenant, or other occupant may enter upon private or public property to conduct inspections. If the property owner, resident, tenant, or other occupant does not give the Enforcement Officer(s) consent to enter upon and inspect the property, an on-site inspection of the property shall not occur until it is authorized by a court of competent jurisdiction.
      (10)   Liability. The Code Enforcement Officer(s), charged with the enforcement of this section, while acting within the course and scope of their duties under this section, shall not thereby be rendered liable personally and are hereby relieved from any and all personal liability for injury's and damage to persons or property. Any suit instituted against any Code Enforcement Officer or employee because of a lawful act performed by that officer or employee in the discharge of duties imposed under the provisions of this section, shall be defended by the city until final adjudication of any proceedings.
      (11)   Discretionary modifications. The Enforcement Officer shall have the discretion to modify a notice of violation, provided the officer shall first find that special circumstances that makes strict compliance with this section impractical and the modification is in compliance with the intent and purpose of this section and that such modification does not vitiate health, life and fire safety requirements. The details of actions granting modifications shall be recorded and entered in the Community Development Department files.
   (E)   Appeal process; appeal of notice of violation; appeal of citation. The following details the appeal process:
      (1)   Appeal of citation. Upon receipt of a citation, the property owner, resident, tenant, occupant or other violator shall respond to it not later than seven days following the issuance or posting on the property the notice of violation by either paying the fines, charges, costs, penalties and/or fees, including administrative fees assessed therein, or by filing an appeal in writing with the Community Development Department, in writing, requesting a hearing before the Property Maintenance Code Enforcement Board.
      (2)   Payment of assessed fines, charges, administrative fees and penalties shall not relieve the property owner, resident, tenant, occupant, or other violator from his or her obligation to bring the property on which the violation occurred into compliance with this code within a reasonable time thereafter, as solely determined by the Property Maintenance Code Enforcement Officer.
   (F)   Appointment of members; term of office; removal of board members from office; liability. There is hereby created pursuant to KRS 82.700 to KRS 82.725, a Property Maintenance Code Enforcement Board (hereafter the "Board"), which shall be composed of five members.
      (1)   Qualifications. Members of the Board shall own property within the city for a period of at least one year prior to appointment to the Board and shall maintain legal ownership interest in at least one parcel of real property within the city throughout the term in office.
      (2)   Members shall be appointed by the Mayor of the city with the approval of the Ashland Board of Commissioners.
      (3)   The initial appointments to the five- member Board shall be as follows: One member shall be appointed to a one-year term. Two members appointed to a two-year term. Two members appointed to a three-year term. All subsequent Board appointments shall be for a term of three years.
      (4)   If a vacancy on the Board occurs, the Mayor with approval of the Board of Commissioners, shall within sixty days of the vacancy, appoint a new member or members. If the vacancy is not filled within the prescribed time period, the Board of Commissioners shall appoint a member to fill the vacancy.
      (5)   Members of the Board shall only be removed therefrom by the Board of Commissioners  for misconduct, inefficiency or willful neglect of duty.  Prior to removal, the Mayor or member(s) of the Board of Commissioners requesting same, shall submit in writing to the member in question and the Ashland Board of Commissioners, the reasons for it.
      (6)   All members of the Code Enforcement Board must, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
      (7)   No member of the Code Enforcement Board may hold any elected or non-elected office, paid or unpaid, or any position of employment with the city.
      (8)   Liability. Members of the Board charged with the enforcement of this section, while acting on behalf of the city and within their official duties and capacity, shall not thereby be rendered liable personally, and are hereby relieved individually and collectively from all personal liability for any injury and or damages to persons or property as a result of the discharge of official duties imposed herein. Any suit instituted against any Board Member because of an act performed by that Board Member in the lawful discharge of duties and under the provisions of this section shall be defended by the legal representative of the city until the final determination of the proceedings.
   (G)   General Powers of the Board.
      (1)   The Board is authorized and directed to conduct evidentiary hearings, issue decisions and abatement orders and impose fines, charges, costs, penalties, and/or fees, including administrative fees in the final adjudication of appeals brought before it.
      (2)   To adopt any and all policies, rules and regulations, reasonably required to implement, administer and conduct its business and hearings brought before it.
      (3)   Authorize Enforcement Officer(s) to file liens against properties found to be in violation of the code to secure the collection of fines, penalties, fees, charges and or cost, including administrative fees.
   (H)   Organization of Board; conduct of meetings and board members; quorum.
      (1)   The Board shall annually elect a chairperson from among its members. The chairperson shall be the presiding officer and a full voting member of the Board.
      (2)   The Board shall hold regular monthly meetings on a date, and during times to be established by the Board. Regular and special meetings shall be scheduled and held in accordance with requirements of the Kentucky Open Meetings Act. Regular and special meetings may be cancelled if there are no appeals or other business to be considered by the Board.
      (3)   All meetings and hearings of the Board shall be held in accordance with the requirements of KRS 82.700 et seq., KRS 381.770 et seq., Roberts Rules of Order, the Kentucky Open Meetings Act, and the Kentucky Open Records Act.
      (4)   For the purpose of conducting all business and hearings brought before it, three Members of the Board, shall, if present, constitute a quorum.
      (5)   Minutes, records and/or transcripts of all proceedings and action taken shall be kept by the Board and the vote of each member on any issue decided by them shall be recorded therein.
   (I)   Board hearing; notice; and final order.
      (1)   When an appeal has been properly filed and a hearing has been requested it will be heard at the next scheduled code enforcement board meeting. Otherwise the Board may convene for the purpose of conducting any other business brought before it or a majority of the membership of the Board.
      (2)   Not less than seven days before any requested hearing, the Board shall notify the appellant of the date, time, and place of the hearing. Notice shall be given by certified mail, return receipt requested at his or her last known address; or by personal delivery.
      (3)   Any person requesting a hearing before the Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing on an appeal a notice of violation or citation and a determination that a violation was committed shall be entered and become final. The Board shall enter a final order confirming the violation and shall direct the nuisance to be abated and/or impose the fines, charges, costs, penalties, and/or fees, including administrative fees assessed in the citation. If the violator has not abated the nuisance conditions on the notice of violation or citation within the time provided, the city may promptly abate the nuisance and/or issues another violation which may be a new and separate offence in accordance with division (D)(1). A copy of the final order shall be served upon the violator/appellant.
      (4)   When a hearing is held under this section, the Board shall elicit testimony from witnesses and allow relative demonstrative evidence. All testimony shall be recorded by audio, video, or stenographic means. The Chairperson or any Board member shall have authority to administer the following oath. "Do you solemnly swear and affirm to tell the truth, the whole truth and nothing but the truth". Testimony shall be taken from the Property Maintenance Code Enforcement Officer, the alleged violator and any witnesses to the violation offered by the Property Maintenance Code Enforcement Officer or alleged violator and any witnesses with relevant personal knowledge of the violation or citation on appeal. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
      (5)   In making its determination, the Board shall, based solely on the evidence, adduced during the hearing determine by a preponderance of the evidence whether or not a violation has been committed. If at the conclusion of the hearing, the Board determines that a violation has been committed, an order shall be issued upholding the citation and the Board shall authorize the Community Development Department to abate the nuisance condition on appeal and impose reasonable and necessary fines, charges, costs, penalties, and/or fees, including administrative fees imposed therein, or a combination of the forgoing remedies. Provided however, the final order of the Board shall provide the violator with reasonable time, not to exceed 30 days, to abate the violation. If the violator does not abate in the manner required and within the time provided in the final order, another Notice of violation may be issued in accordance with division (D)(1), for another violation of the Property Maintenance Code.
      (6)   Findings of fact, conclusions of law and decisions of the Board shall be reduced to writing and signed and dated by the majority of the Board the date the order was entered. A copy of the findings of fact, conclusions of law and decisions of the Board shall be furnished to the appellant named in the citation at his or her last known address.
      (7)   The Property Maintenance Code Enforcement Officer, may abate the violation in order to bring the property into compliance with the Property Maintenance Code if a final order upholding the citation is entered by the Board or any court of competent jurisdiction.
   (J)   Appeal to district court; final judgment.
      (1)   An appeal from any judgment, decision, or determination of the Board shall be made to the Boyd County District Court within 30 days of the date of the Board's judgment, decision or determination. The appeal shall be initiated by the filing of a complaint and a copy of the Board's final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
      (2)   The action before the District Court shall be tried de novo and the burden shall be upon the city to establish that a violation occurred. If the court  finds that a violation occurred, the property owner, resident, tenant, occupant or other violator shall be ordered to abate the violation and pay to the city all fines, charges, costs, penalties, and/or fees, including administrative fees occurring as of the date of the judgment. If the District Court finds a violation did not occur, the city shall be ordered to dismiss the citation and the plantiff /appellant shall be authorized to recover his cost. If the property owner, resident, tenant, occupant or other violator does not abate the violation in the time provided, another notice of violation may be issued in accordance with division (D)(1), for each subsequent and separate violation of the Property Maintenance Code.
      (3)   If no appeal from a final judgment, decision or order of the Board is filed within the time period set in division (1) above, the Board's order shall be deemed final and enforceable for all purposes provided herein.
   (K)   Junked motor vehicles. 
      (1)   Junked motor vehicles shall mean any vehicle, device or other contrivance, or part thereof, propelled by human or mechanical power, that if operational would be used for transportation of persons on public streets and highways, which upon inspection, are found to be in one or more of the following conditions:
         (a)   Wrecked;
         (b)   Dismantled;
         (c)   Partially dismantled;
         (d)   Inoperative;
         (e)   Abandoned;
         (f)   Discarded;
         (g)   Expired tags.
      (2)   The presence of any junked motor vehicle on public property or any private lot, tract, or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance, and shall further be considered rubbish or refuse, and it shall be unlawful for any person to cause of maintain such public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any motor vehicle on the real property or to suffer, permit or allow a junked motor vehicle to be parked, left or maintained on his or her own property, provided that this provision shall not apply with regard to:
         (a)   Any motor vehicle in an enclosed building;
         (b)   Any motor vehicle on the property of a business enterprise operated in a lawful manner, when necessary to the operation of such enterprise.
      (3)   Liability for damages to removed vehicle.  Neither the owner nor occupant of the property from which any aforesaid junked motor vehicle(s) shall be removed, their servants or agents, or any department of the city, or its agents, shall be liable for any loss or damage to the junked motor vehicle while being removed or as a result of any subsequent sale to other disposition.
      (4)   Compliance by removal of vehicle.  The removal of a junked motor vehicle from the property within the number of days required in the notice of violation issued by the Property Maintenance Enforcement Officer, shall be deemed to be in compliance with the provisions of this subchapter and no further action shall be taken against the owner of the junked motor vehicle or appliance or the owner or occupant of the property.
      (5)   Right of entry.  In the enforcement of this subchapter, a Property Maintenance Code Enforcement Officer, and his or her duly authorized agents, assistants, employees, or contractors with the prior consent of the owner, tenant or occupant, or by order of a court of competent jurisdiction may enter upon private of public property to examine a junked motor vehicle, or obtain information as to the identity of a junked motor vehicle and the owner thereof, and to remove or cause removal of a junked motor vehicle or appliance declared to be a nuisance pursuant to this subchapter.
      (6)   Subchapter supplemental to other regulations.  The provisions of this subchapter are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or any other legal entity or agency having jurisdiction.  The provisions of this subchapter shall be deemed cumulative of the provisions and regulations contained in the code, save and except that, where the provisions of this subchapter and the sections hereunder are in conflict with the provisions  elsewhere in this code, then the provisions contained herein shall prevail.  Any and all ordinances or parts of ordinances in conflict herewith are, to the extend of such conflict, hereby repealed.
   (L)   Excessive weeds and grass.
      (1)   Duty of the property owner.
         (a)   It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance, health hazard, or source of filth to develop on the land through the accumulation of the excessive growth thereon of weeds, like vegetation, or grass.
         (b)   It shall be the duty of the owner, occupant, or person having control or management of any land within the city and the persons are required to maintain the land so as to prevent the accumulation and to cut or otherwise remove the growth of weeds, like vegetation, or grass so that the public nuisance, health hazard, or source of filth shall not exist.
      (2)   Prohibited weed growth; exceptions.
         (a)   No owner, occupant or person having control or management of any land within the city shall permit or maintain on any such premises or adjacent rights-of-way any growth of noxious weeds; nor any growth of grass or other rank vegetation to a greater height than eight inches; nor any accumulation of dead weeds, grass or brush.  "Noxious weeds" shall include Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carrots), bindweed (Convolvutus arvensis), perennial sow-thistle (Sonchus arvensis), common ragweed (Ambrosia artemisiifolia), giant ragweed (Ambrosia trifida), hemp dogbane (Aporynum cannabinum), wild lettuce (Lactura scariola), common cocklebur (Xanthium pensylvancum), yellow nutsedge (Cyperus esculentus), foxtail (Serataria sp.), Pokeberry (Phytolacca americana), multi-flora rose (Rose multiflora), Kudzu, Japanese bamboo and poison ivy (rhus radicans), poison sumac (Rhus toxiccondendron), and poison oak.
         (b)   Exemptions to the requirements contained in division (L)(2)(a) above:
            1.   Excepted from the provisions of division (L)(2)(a) above are flower gardens, plots of shrubbery, vegetable gardens, small grain plots, and farm land under cultivation.  Exemption under the terms of this subsection cannot be claimed unless the land has been cultivated and cared for in a manner appropriate to such exempt categories.
            2.   While owners of undeveloped parcels of land shall be required to remove those noxious weeds as listed in division (L)(2)(a) above, the control of the growth of grass or other rank vegetation to a greater height than ten inches on the average, shall be required only within 100 feet of the property line of developed parcels, within the street, alley and highway rights-of-way adjacent to property and the first 50 feet of property in depth adjacent to the rights-of-way.
            3.   Developed parcels of one acres shall be required to meet the conditions of division (L)(2)(b)2. above, and to control the growth of grass or rank vegetation within the immediate 100 feet in any direction from the walls of the principal building.
            4.   The City Manager or his or her designee may grant exemption in certain areas for the control of erosion, urban forestry, and preservation of any rare species of flora or fauna.
   (M)   Citation fine schedule. Citations issued by the Property Maintenance Enforcement Officer that are not appealed or which are upheld by the Board or any court of proper jurisdiction, shall be subject to the following schedule of civil penalties for each violation:
 
Violation
1st Offense
2nd Offense
3rd + Offense
Property Maintenance
$75
$150
$250
Junked Motor Vehicles
$75
$150
$250
Junked Appliances
$75
$150
$250
Trash / Debris
$75
$150
$250
Other Nuisances
$75
$150
$250
NOTE: Cost incurred by the city to abate nuisances will be added to the fines listed above.
 
   (N)   Lien; charges, costs, penalties, and fees, including administrative fees.
      (1)   The city shall have a lien against any property or properties finally determined by the Code Enforcement Officer, the Board or court of competent jurisdiction to be in violation of the Property Maintenance Code to secure the payment and recovery of the reasonable value of labor and materials used to abate the nuisance violation, including fines, charges, costs, penalties, and/or fees, including administrative fees authorized in KRS 82.720. The lien shall be superior to and have priority over, all other liens on the property except state, county, school board and city taxes.
      (2)   The lien shall be recorded in the office of the County Clerk. The lien shall be noticed to all persons from the time of its recording and shall bear interest, at the statutory rate of 8% per annum thereafter pursuant to KRS 360.010 prior to obtaining Judgment upon same and shall bear interest, at the rate of 12% per annum thereafter pursuant to KRS 360.040 after entry of Judgment, until paid.
      (3)   In addition to the remedy prescribed in subsection (a), the person found to have committed the violation shall be personally responsible for the amount of all fines, charges, costs, penalties, and/or fees, including administrative fees assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the Property Maintenance Code. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
      (4)   All charges for violations of the Property Maintenance Code levied by the Code Enforcement Board remaining unpaid after they become due shall be charged interest at 8% per year until paid in full.  The due date for charges shall be 16 calendar days for the date that the person found to be in violation is so notified by the Board that a fine and charge has been assessed by the Board.  Any due date falling on a weekend or holiday shall result in payment being due the next business day.
      (5)   Charges for any violation may be placed on the next occurring utility bill sent to the violator as a convenience for payment.  Should any charge remain outstanding when the violator applies for water service to the city, such service shall be denied until such time as the charges have been paid in full.
(Ord. 122-2006, passed 9-7-06; Am. Ord. 75-2007, passed 6-29-07)