(A) The following complaint procedure shall be followed:
(1) Whenever a petition is filed with the State Fire Marshal by a public authority or by at least three residents of the city charging that any structure is unfit for human habitation, occupancy, or use, or whenever it appears to the State Fire Marshal that any structure is unfit for human habitation, occupancy, or use, he or she shall, if his or her preliminary investigation discloses a basis for those allegations, issue and cause to be served upon the owner of and parties in interest in that structure a complaint stating the allegations in that request; and
(2) The complaint shall state that a hearing will be held before the State Fire Marshal or his or her designated agent at a place fixed in the serving of the complaint, that the owner and parties in interest may file an answer to the complaint and appear in person, or otherwise, and give testimony at the time and place stated in the complaint and that the Kentucky Rules of Procedure shall not be controlling to the hearing.
(B) If, after the notice and hearing, the State Fire Marshal determines that the structure under consideration is unfit for human habitation, occupancy, or use, according to the standards herein adopted, he or she shall state in writing these findings of fact in support of the determination and shall issue and cause to be served upon the owner thereof an order requiring the owner, within the time specified, to repair, alter, or improved the structure to render it fit for human habitation, occupancy, or use, or, at the option of the owner, to vacate, demolish, and remove the structure.
(1) If the owner fails to comply with an order to repair, alter, or improve or, at the option of the owner, to vacate and close the structure, the State Fire Marshal may cause the structure to be repaired, altered, or improved, or to be vacated and closed. The State Fire Marshal may cause to be posted on the main entrance of any structure so closed, a placard with the following words: “This building is unfit for human habitation, occupancy, or use; the use or occupation of this building for human habitation, occupancy, or use, is prohibited and unlawful.”
(2) If the owner fails to comply with an order to remove or demolish the structure the State Fire Marshal may cause that structure to be removed or demolished.
(3) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition shall be a lien upon the real property upon which cost was incurred. If the structure is removed or demolished by the State Fire Marshal, he or she shall sell the materials of the structure and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the circuit court by the State Fire Marshal, shall be secured in a manner as may be directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree to the court.
(4) When the State Fire Marshal has condemned as unfit for human habitation, occupancy, or use, any structure in accordance with this chapter and as ordered same to be vacated, the State Fire Marshal may, upon ten days’ notice to the occupants, apply to the appropriate district court for an order of eviction directing the Sheriff to remove the occupants and their belongings from the structure.
(5) Complaints or orders issued by the State Fire Marshal pursuant to this chapter shall be served upon persons either personally or by certified mail, however, if the whereabouts of the person is unknown and cannot be ascertained in the exercise of reasonable diligence, or the person is so conducting himself or herself as to avoid service personally or by certified mail, and the State Fire Marshal make an affidavit to that effect, service of the complaint or order shall be by newspaper publication for three successive weeks pursuant to KRS Chapter 424. A copy of the complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order, and shall be recorded in the office of the County Clerk wherein the structure is located.
(6) Any person affected by an order issued by the State Fire Marshal, may, within 30 days after the posting and service of the order, appeal to City Council. Hearings shall be had by the City Council on that petition within 20 days, or as soon thereafter as possible. In all proceedings the findings of the State Fire Marshal as to facts, if supported by evidence, shall be conclusive.
(Prior Code, § 151.41)