The County hereby establishes the standards and procedures for the enforcement of this chapter as follows:
(A) The County Judge Executive or his designated agent, Solid Waste Coordinator, Sheriff or his designated agent may take upon its own initiative or upon the request of any person an investigation to determine whether a violation of this chapter has occurred.
(B) If, based upon the investigation, there is probable cause to believe a violation exists, abatement may be accomplished as follows:
(1) Notice of violation; demand to abate. It shall be the duty of the County Judge Executive, Solid Waste Coordinator, or their designated agent, to serve or cause to be served upon the alleged violator, notice which shall describe the violation detailing the location of the property, the violation and what should be done to remedy the nuisance and demand abatement within 30 days of the date of notice or longer if deemed necessary by the county official.
(2) If, however, the violation constitutes a potential for immediate danger to the health and well-being of the community, said notice shall demand abatement within 72 hours. The notice shall inform the person or persons of the possible civil and criminal penalties involved and give the person or persons 30 days from the date of notice to either remedy the nuisance pursuant to the directions given or file an appeal with the County Nuisance Appeal Board.
(C) The County Nuisance Appeal Board shall consist of:
(1) Members of the County Nuisance Board shall be appointed by the County Judge Executive with a majority approval of the Fiscal Court and serve one year terms.
(2) The board shall consist of three members, all of which must be property owners in Barren County.
(D) If non-compliance as set out in division (B)(1) above occurs, the County Judge Executive is authorized to send county employees or persons hired by the county upon said property to remedy the nuisance.
(E) The county shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this statute, 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 (F) of this section. The lien may be enforced by judicial proceeding.
(F) The lien provided in division (E) of this section shall not take precedence or priority over a previously recorded lien if:
(1) The county failed to provide the lien holder a copy of the determination in accordance with division (G); or
(2) The lien holder received a copy of the determination as required by division (G) and the lien holder corrected the violations or paid the fines, penalty charges and costs incurred in remedying the violation.
(G) Unless imminent danger exists on the subject property that necessitates immediate action, the county attorney shall send within 14 days of a final determination after hearing or waiver of hearing by the property owner, a copy of the determination to any lien holder of record of the subject property by first class mail with proof of mailing. The lien holder of record may, within 45 days from receipt of that notice, correct the violations cited or elect to pay all fines, penalty charges, and costs incurred in remedying the situation as permitted by division (E).
(H) In addition to the remedy prescribed in division (B) 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 county may bring a civil action against the owner and shall have the same remedies as provided for the recovery of debt owed. The failure of the county to comply with division (G), and the failure of a lien to take precedence over previously filed liens as provided in division (F), shall not limit or restrict any remedies that the county has against the owner of the property.
(I) This chapter may also be enforced by criminal penalty. The County Judge Executive or his/her designee may seek a criminal summons for violations under this chapter. The criminal penalty for non-compliance of this chapter is a $50.00 fine per day, for each day the property remains in violation of any terms of this chapter.
(Ord. 575, passed 7-19-2016)