The city shall implement a system for notification to lienholders that meets the minimum requirements of division (A) below and shall comply with the procedures to permit remedial action by lienholders as provided in division (B) below in order to obtain and maintain the lien priority over previously filed liens granted in KRS 65.8835.
(A) The city shall create a notification system that provides lienholders and others that elect to do so with electronic notification of all final orders entered pursuant to KRS 65.8801 to 65.8839. The system shall meet the following minimum requirements:
(1) An individual or entity may register with the local government to receive information on each final order by providing a name, mailing address, phone number, and an electronic mailing address to the city. The city shall accept this information in any form submitted by a registrant. It shall be the responsibility of the registrant to maintain and update its contact information with the city, except that the city shall inform a registrant of any evidence the city receives that the electronic mailing address is invalid or not functional in order to provide the registrant an opportunity to submit an updated electronic mailing address;
(2) At least once a month, the city shall send electronic mail notification of all final orders issued pursuant to the provisions of KRS 65.8801 to 65.8839 since the last date of notification to each party registered pursuant to division (A)(1) above. The notification shall, at a minimum, include or provide an electronic link to a document or database meeting the requirements of subsection (A) that includes:
(a) The name of the person charged with a violation;
(b) The physical address of the premises where the violation occurred;
(c) The last known mailing address for the owner of the premises where the violation occurred, if, in the exercise of reasonable diligence, it is ascertainable;
(d) A specific description of the citation leading to the final order, including the citation detail set forth in KRS 65.8825(4)(a) to (h), which may be satisfied by including a copy of the full citation;
(e) The findings of the final order, including the penalty or penalties imposed by the final order, which may be satisfied by providing a copy of the full final order; and
(f) The status of the final order in regards to its ability to be appealed pursuant to KRS 65.8831, except that the city shall provide an update to registrants if an appeal is filed or a final order pursuant to KRS 65.8831.
(3) At the same time the electronic notification required under
division (A)(2) above is sent, the city shall post this notification or provide a summary of the information regarding each final order required by division (A)(2) in a conspicuous place on its public website, which shall be affiliated with the city and contain other information about the city. If the city posts using summary form:
(a) The summary shall be calculated to reasonably allow identification of the specific properties which may be impacted by the lien; and
(b) Upon request, the city shall provide the complete record of a final order created under division (A)(2) without charge.
(4) The city shall maintain the records created under this subsection for a period of ten years following their issuance.
(B) (1) A lienholder of record may, within 45 days from the date of issuance of notification under division (A) above, correct the violation if it has not already been abated, or elect to pay all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. This division shall not prohibit the city from taking immediate action if necessitated under KRS 65.8838.
(2) The lien provided by KRS 65.8835 shall not take precedence over previously recorded liens if:
(a) The city failed to comply with the requirements of division (A) above for notification of the final order; or
(b) A prior lienholder corrected the violation or paid all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs within 45 days as provided in division (B)(1) above.
(3) A lien that does not take precedence over previously recorded liens under the circumstances outlined in division (B)(2) above, shall, if the final order remains partially unsatisfied, take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
(4) Nothing contained in this subsection shall prohibit the city from recording a lien before the 45-day period established in division (B)(1) above expires. If the lien is fully satisfied prior to the expiration of the 45-day period established in division (B)(1) above, the city shall release the lien in the County Clerk’s office where the lien is recorded within 15 days of satisfaction.
(C) The city may delegate responsibility for compliance with this section to code enforcement administrative staff as specified in this section.
(D) The failure of the city to comply with this section or the failure of a lien to take precedence over previously filed liens as provided in division (B)(2) above, shall not limit or restrict any other remedies that the city has against the property or the violator.
(E) The requirements of this section shall not apply to a local government when it enforces KRS 65.8840.
(Ord. 2020.03, passed 8-21-20)