(A) Upon the failure of an owner or occupant of property to comply with the provisions of this chapter and to abate, remedy, or correct any public nuisance, health hazard, or source of filth, the authorized city officials or other duly designated officer of the city are authorized to send employees, agents, or representatives of the city upon the property to take appropriate actions and measures to abate, correct, or remedy the situation. In addition, such officer or officials may have issued a criminal complaint or a criminal citation for violation of this subchapter.
(B) The city shall have a lien against the property for the reasonable value of the labor and materials it has used in correcting, remedying, or abating the nuisance, health hazard, source of filth, or unfit and unsafe structure condition. The affidavit of the Mayor shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to the provisions of KRS 65.8801 et seq. and this subchapter, 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 at a rate of 6% per annum thereafter until paid in full. The lien created shall take precedence over all other subsequent liens, except state, county, school board, and city taxes, and may be enforced by judicial proceeding. In addition to this remedy or any other remedy authorized by law, the owner of a property upon which a lien has 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 city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(C) The provisions of this subchapter shall not apply to an owner, occupant, or person having control or management of any property in the city if the owner, occupant, or person having control or management of the property is not the generator of the nuisance, health hazard, or source of filth, and is not knowingly allowing such condition to exist and has made reasonable efforts to prevent such condition from exiting upon said property.
(Prior Code, § 92.06) (Ord. 95.8-1, passed 8-21-1995; Ord. 2007-06.02, passed 6-18-2007)