(A) Duty to notify owner. Whenever the Code Official receives information that a public nuisance exists or may come to exist in or upon the property, he or she shall notify the owner of the property, and any representative designated by the owner pursuant to division (D) below, that the property is being used in a manner that has or may come to constitute a public nuisance and that the public nuisance is subject to abatement.
(B) Notice to abate. It shall be the duty of the Code Official to serve or cause to be served a notice upon the owner of any premises upon which there is kept or maintained a public nuisance in violation of § 33.215. The notice shall describe the nuisance so maintained and shall demand its abatement. The notice to abate shall be personally served upon the owner or shall be mailed to the last known address of the owner of the property as it appears on the current tax assessment roll. If the owner of the property cannot be ascertained from the tax rolls in the exercise of reasonable diligence, the Code Official shall make an affidavit to that effect; and the service of the notice upon the owners may be made by publication in a newspaper of general circulation for two consecutive days. If notice is made by publication, a copy of the notice shall be posted in a conspicuous place on the premises affected by the notice. The notice shall include a citation or notice of violation and a statement to the effect that civil penalties of not less than $500 nor more than $5,000 may be imposed if the public nuisance is not abated, and shall state the procedure and time frame established by § 33.225 for appealing the notice to abate or the imposition of civil penalties, when applicable.
(C) Order to close and vacate. Should the public nuisance not be abated by or before the date stated in the notice to abate, the Code Official shall be authorized at any time thereafter to issue an order closing and vacating the premises to the extent necessary to abate the public nuisance. The closing and vacating shall be for such period of time as the Code Official reasonably may direct, but in no event shall the closing and vacating persist for a period longer than the next scheduled enforcement hearing of the Administrative Hearing Board, if the cited person files a notice of appeal. An order to close and vacate issued pursuant to this section is not an act of possession, ownership or control by the city or county government. An to order close and vacate shall be rescinded within 14 days of an abatement, unless the premises is the site of repeated orders to close and vacate.
(D) Service of notice to abate order to close and vacate. A notice to abate or order to close and vacate shall be personally served upon the owner or shall be mailed by certified mail, return receipt requested, to the last known address of the property owner as it appears on the current tax assessment roll. If the owner of the property cannot be ascertained from the tax rolls in the exercise of reasonable diligence, the Code Official shall make an affidavit to that effect; and the serving of the notice upon the owners may be made by publication in a newspaper of general circulation for two consecutive days. A copy of the notice or order shall be posted in a conspicuous place on the premises affected by the notice. Any property owner may voluntarily file with the Code Official a completed certificate, on a form provided by the Code Official, that provides the name and address of a management company or designated representative with authority over the subject property and an alternative address for the property owner to which all notices issued under this section also shall be served.
(E) Lien. The city or county shall have a lien, pursuant to and as set out in §§ 33.198 and 33.199 or KRS 65.8835, against the property for any civil penalties, charges, and fees imposed for the reasonable value of the labor and materials to abate public nuisance if necessary. This lien shall be evidenced by notice of lien claim filed in the County Court Clerk’s office, which shall include the affidavit of the Code Official, setting forth the property in question, the amount of the city or county government’s cost and date of abatement, if any, the amount of the civil penalty, if any, and shall recite compliance with the notice provisions of this section before abatement or assessment of civil penalty. The Code Official shall bill the property owner of the premises at least once and no notice of lien claim shall be filed against the property until 14 days have elapsed since the bill was sent. If the property is the subject of litigation, then the lien may be filed immediately upon the mailing of the bill. A copy of the notice of the lien claim shall be mailed to the owner of the premises, or published in a newspaper of general circulation, as required by statute, where the owner of the property cannot be ascertained. However, the failure of the Clerk to record the notice of lien claim or the failure to mail to the owner a copy of the notice or publish same, or the failure of the owner to receive the notice shall not affect the right to foreclose the lien for the charges as provided in division (F) or KRS 65.8835(e).
(F) Property to be sold. Property subject to a lien for unpaid public nuisance abatement cost or civil penalties shall be sold, as indicated herein or pursuant to KRS 65.8801 to 65.8840, for nonpayment of the same. The proceeds of the sale shall be applied to the charges after deducting costs as is the case in foreclosing of statutory liens. The foreclosure shall be an equity in the name of the city or county government.
(Ord. 2018-06, passed 4-11-2018; Ord. 2022-2, passed 3-24-2022)