(B) Responsibility of property owner to remove or abate public nuisance. The owner(s) of property shall be responsible for the removal or abatement, at the property owner’s sole expense, of any obstruction, impediment, or encroachment under, over, or across any public stormwater drainage system on the owner’s property, that is prohibited in §§ 51.04 and 51.06 of this chapter. It shall be the duty of the County Engineer, as soon as the Engineering Department ascertains the existence of an unlawful obstruction or encroachment on any public storm sewer drainage system, to forthwith notify in person, or in writing by certified mail, return receipt requested as stated below, the record owner of the property on which the public storm sewer drainage system is located, and/or the holder of the NOI, to remove or abate the unlawful condition, obstruction, or encroachment within the time specified in the written notice, except in the case of an emergency approved and declared by the County Engineer, in which case the notice given shall be that notice which is reasonable and necessary under the circumstances. Failure of the owner of the property to actually receive the notice required shall in no way invalidate the provisions of this chapter or affect the liability of such owner for the cost of removing or abating the public nuisance found to exist on the owner’s property.
(C) County may abate nuisance; notice of abatement and assessment; lien. If the property owner fails to remove or abate the nuisance in the manner and according to the specifications directed by the County Engineer, within the time permitted, the county may proceed to remove or abate the public nuisance. A record of the entire cost associated, including labor and materials, shall be transmitted to the County Engineer who shall, upon approval, assess the cost of the removal or abatement of the public nuisance against the owner(s) of the property improved, by sending the property owner a written notice of abatement and assessment directing said property owner(s) to reimburse the county in full for the cost of abatement, within 30 days of receipt. If the property owner or owners fail to comply with the notice of abatement and assessment and does not indemnify the county for the cost of removing or abating the public nuisance within the prescribed time period, the county shall have a lien against the property improved for the reasonable value of labor and materials utilized to abate the public nuisance. The lien shall be as follows:
(1) The county shall have a lien against any property or properties finally determined by the County Engineer to be in violation of this chapter to secure the payment and recovery of the reasonable value of labor and materials used to abate the violation, including fines, charges, costs, penalties, and/or fees, including administrative fees. The lien shall be superior to and have priority over, all other subsequent liens on the property except state, county, school board, county taxes, and nuisance abatement liens lawfully imposed under KRS 72.720.
(2) The lien 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 the rate of 12% per annum thereafter until paid.
(3) In addition to the remedy prescribed in division (C)(1) above, the person found to have committed the violation shall be personally liable for the amount of all fines, charges, costs, penalties, and/or fees, including administrative fees assessed for the violation and for all charges and fees incurred by the county in connection with the enforcement of this chapter. The county may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(D) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a notice of deficiency, to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or structure to another until the requirements listed in the notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any notice of violation issued by the County Engineer and shall furnish to the County Engineer a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making the necessary corrections and repairs required by such notice of violation.
(Ord. KOC 630.1 (2013), passed 11-7-2013; Ord. KOC 630.1 (2015), passed 7-2-2015)