(A) An owner shall not permit any structure upon his or her premises to become unfit and unsafe for human habitation, occupancy or use, or to permit conditions to exist on the structure or premises which are dangerous or injurious to the health or safety of the occupants of the structure, the occupants of neighboring structures, or other residents of the city.
(B) The city may abate and decontaminate a property where a methamphetamine contamination notice has been posted, as provided in KRS 224.1-410. Such abatement and decontamination shall be done in accordance with 401 KAR 101:001, et seq., which sets standards for contractor certification and cleanup and sampling requirements, as well as in accordance with all other applicable statutes, regulations, codes, and ordinances. The city is expressly permitted to elect to demolish any unfit or unsafe structure(s) on the premises as an alternative to decontaminating said structure(s).
(C) An owner shall have the right to request a hearing within 30 days from the date a methamphetamine contamination notice, as provided in KRS 224.1-410, has been posted on the premises and has been sent to the owner by certified mail return receipt requested. Such a request must be made in writing to the City Commissioners through the Mayor, the Commissioner of Public Services, or the City Clerk within the 30-day deadline in order to be considered timely.
(D) Prior to taking any action to abate, decontaminate, or demolish a property where a methamphetamine contamination notice has been posted, as provided in KRS 224.1-410, the city shall provide written notice to the owner of the property providing the city's determination. Such notice shall be provided to the owner by certified mail return receipt requested within 14 days of a final determination after a hearing held pursuant to the owner's request as described in division (C), above, or within 14 days after the deadline for the owner to request a hearing as described in division (C), above, has passed.
(E) Unless immediate danger exists on the subject premises that necessitates immediate action, the city shall send, within 14 days of a final determination after a hearing held pursuant to the owner's request as described in division (C), above, or within 14 days after the deadline for the owner to request a hearing as described in division (C), above, has passed, a copy of the notice of the city's determination to any lien holder of record of the subject premises by first-class mail with proof of mailing. The lienholder of record may, within 45 days from receipt of that notice, correct the violations cited or elect to pay all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of this chapter, including abatement costs, as permitted by division (F) of this section.
(F) The city shall have a lien against the property for all civil fines assessed for the violation and for all charges and fees incurred by the local government in connection with the enforcement of this chapter, including abatement costs. The affidavit of the city police chief shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. The lien created shall take precedence over all other liens, except state, county, school board, and city taxes, except as provided in division (G) of this section. The city shall possess the lien for ten years following the date of the final judgment of the court. The lien may be enforced by judicial proceeding.
(G) The lien provided in division (F) of this section shall not take precedence or priority over a previously recorded lien if:
(1) The city failed to provide the lienholder a copy of the determination in accordance with division (E) of this section; or
(2) The lienholder received a copy of the determination as required by division (E) of this section, and the lienholder corrected the violation or paid all civil fines assessed for the violation and all charges and fees incurred by the city in connection with enforcement of this chapter, including abatement costs.
(H) The owner of the premises upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all civil fines assessed for the violation and all charges, fees, and abatement costs incurred by the city in connection with the enforcement of this chapter. 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. The failure of the city to comply with division (E) of this section, and the failure of a lien to take precedence over previously filed liens as provided in division (G) of this section, shall not limit or restrict any remedies that the city has against the owner of the premises.
(Ord. 7, Series 2019, passed 12-10-2019) Penalty, see § 152.99