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§ 22.609 ORDINANCE FINE SCHEDULE
   In all matters brought before the Code Enforcement Board for hearing, the board, upon a finding that a violation has been committed, shall impose a fine of one hundred dollars ($100.00) for a first violation, three hundred dollars ($300.00) for a second violation, and five hundred dollars ($500.00) for a third and each succeeding violation; provided, however, that the board may waive all or any portion of a penalty for an uncontested violation, if in its discretion, the board determines that such waiver will promote compliance with the ordinance in issue. Each day during which the violation at issue continues in existence shall constitute a separate violation. When a violation concerns the condition of a tract of real property or of a structure thereon, any assessed fine remaining unpaid sixty (60) days after a final decision shall be added to the City ad valorem tax bill pertaining to the property, and shall bear interest and penalties as applicable to delinquent ad valorem property taxes, and shall constitute a lien on the property the same as for ad valorem property taxes.
(Ord. No. 14-97, 7-1-97; Am. Ord. 06-17, 4-18-17; Am. Ord. No. 02-2021, § 2, 1-19-21)
§ 22.610 LIEN; FINES; CHARGES AND FEES
   (A)   The city shall possess a lien on property owned by the person found by a non-appealable final order as defined by § 22.600 of this subchapter, or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the subchapter, including abatement costs. An affidavit of the code enforcement officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
   (B)   The lien 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 at the rate for judgments in KRS 360.040, compounded annually, until paid. The lien shall continue for ten (10) years following the date of the non-appealable final order or final court judgment.
   (C)   The lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.
   (D)   In addition to the remedy prescribed in § 22.609(A), the person found to have committed the violation shall be personally responsible for the amount of all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement of the section. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
   (E)   Upon satisfaction of any lien created by this section, the city shall release the lien within the time established in KRS 382.365(1).
(Ord. 06-17, 4-18-17)
§ 22.611 LIENHOLDER NOTIFICATION SYSTEM
   The city shall obtain and maintain priority over previously filed liens, as provided in § 22.609 of this section, in accordance with the following provisions:
   (A)   Individuals and entities, including but not limited to lienholders may register with the city to receive electronic notification of final orders entered pursuant to this section.
   (B)   In order to receive the notification, the registrant shall submit the following information to the City Clerk:
      Name
      Mailing address
      Phone number
      Electronic mailing address
   (C)   Quarterly, the city shall send electronic mail notification of all final orders entered pursuant to this subchapter since the last date of notification to each part registered pursuant to this section. The notification shall provide an electronic link to the city code enforcement database located on the city website. the database shall include the following information regarding each final order:
      (1)   The name of the person charged with a violation;
      (2)   The physical address of the premises where the violation occurred;
      (3)   The last known mailing address for the owner of the premises where the violation occurred;
      (4)   A copy of the full citation;
      (5)   A copy of the full final order; and
      (6)   The status of the final order regarding its ability to be appealed pursuant to the subchapter.
   (D)   If an appeal is filed on a final order pursuant to this subchapter, the city shall send electronic mail notification to all registrants.
   (E)   Within ten (10) days of the issuance of a final order pursuant to this subchapter, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by division (C) of this section containing an updated link to the code enforcement database on the city website.
   (F)   The city shall maintain the records created under this section for ten (10) years following their issuance.
(Ord. 06-17, 4-18-17)
§ 22.612 IMMEDIATE ACTION
   Nothing in this subchapter shall prohibit the city from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(Ord. 06-17, 4-18-17)
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