If a Code Official determines a structure is unsafe or unfit for human habitation, occupancy of use under the provisions of this section, before any additional action may be taken, with the exception of § 150.66, the Code Official shall issue a notice of violation.
(A) The notice of violation shall state the following:
(1) Reason for the violation.
(2) Reference to this subchapter.
(3) A specific order listing the conditions creating an unsafe/unfit condition and listing the corrective actions that the owner must take to eliminate the condition(s).
(4) Provide that the owner shall have seven days from the receipt of notice or publication of notice to either:
(a) Complete corrective action; or
(b) Arrange for demolition of the structure; or
(c) Contest the notice of violation and request a hearing; or
(d) Request to mitigate the cause of the violation by alternate means and/or be granted a reasonable amount of additional time to complete the corrective action.
(B) The notice of violation shall be served upon the owner of the structure either personally, by hand delivery, or by certified mail to the last known address on record for payment of the ad valorem taxes or by certified mail to owner’s agent by appointment or law. If the whereabouts of such person is unknown and cannot be ascertained after an exercise of reasonable diligence, then an affidavit to that effect may be made and service shall then be by posting in a conspicuous place upon the involved structure and by publication pursuant to KRS Chapter 424, hereafter “publication or publication of notice.”
(C) (1) The owner of a structure who has been issued a notice of violation, within seven days of receipt of notice or publication of notice, may elect to:
(a) Complete the corrective action addressing the identified problems consistent with the notice and notify the Code Official;
(b) Demolish the structure;
(c) Contest the determination of an unsafe structure/structure unfit for human habitation, occupancy or use pursuant to § 150.64; or
(d) Present an alternate plan to secure the cause of the violation and/or request a reasonable extension of time to complete the corrective action that is approved by the Code Official.
(2) The Code Official shall provide written notice to the owner of the structure within two working days of receiving notification that the issue has been corrected as to whether the corrective action taken is acceptable and the matter resolved or that the plan and timeline to correct the issue is acceptable or not acceptable as presented. The owner shall preserve the right to contest the notice of violation for the seven days following original receipt of the notice of violation, for any additional period granted by the Code Official and for seven days thereafter.
(Ord. 2022-25, passed 10-25-22)