Loading...
(A) An appeal from any final order issued by a Code Enforcement Board may be made to the Hopkins District Court 30 days of the date the order is issued. The appeal shall be initialed by the filing of a complaint and a copy of the code enforcement board's order in the same manner as any civil action under the Rules of Civil Procedure. The District Court shall review the final order de novo. If the Court finds that a violation occurred, the property owner, resident, tenant, occupant, persons having control or management of the property, or other violator shall be ordered to abate the violation and pay to the city all fines, charges, costs penalties and/or fees, including administrative fees occurring as of the date of the judgment. If the District Court finds a violation did not occur, the city shall be ordered to dismiss the notice of violation or citation.
(B) The action before the District Court shall be tried de novo and the burden shall be upon the city to establish that a violation occurred. If the Court finds that a violation occurred, the property owner, resident, tenant, occupant, persons having control or management of the property, or other violator shall be ordered to abate the violation and pay to the city all fines, charges, costs penalties, and/or fees, including administrative fees occurring as of the date of the judgment. If the District Court finds a violation did not occur, the city shall be ordered to dismiss the notice of violation or citation.
(C) A judgment of the District Court may be appealed to the Circuit Court in accordance with the Kentucky Rules of Civil Procedure.
(D) If no appeal from a final judgment, decision or order of the Code Enforcement Board is filed within the time period set in division (A) above, the Code Enforcement Board's order shall be deemed final and enforceable for all purposes provided herein.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016; Ord. 2023-03, passed 5-16-2023; Ord. 2023-04, passed 5-16-2023)
It shall be unlawful for the owner of any dwelling unit or structure who has received a notice of violation or citation, 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 or the violations listed in the citation 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 or citation issued by the Code Enforcement Officer and shall furnish to the Enforcement Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation or citation and hilly accepting the responsibility without condition for making the necessary corrections and repairs required by such notice of violation or citation.
(Ord. 92A, passed 8-19-2013)
(A) 2012 International Property Maintenance Code; provisions adopted. Provisions of 2012 International Property Maintenance Code, the Kentucky Building Code and the Kentucky Residential Code, as same may be amended from time to time, are adopted by reference herein.
Violations of the provisions therein shall be deemed a nuisance enforceable by any and all provisions of this property maintenance code. Where the language contained in the adopted provisions of the International Property Maintenance Code, the Kentucky Building Code and the Kentucky Residential Code, as same may be amended from time to time, are in conflict with any other provisions herein, the more restrictive language shall govern.
(B) Certain conditions declared unlawful. It shall be unlawful for the owner, resident, tenant, occupant, or persons having control or management of any public or private land within the city to permit such to be in violation of any provision of the International Property Maintenance Code, the Kentucky Building Code and the Kentucky Residential Code, as same may be amended from time to time, as adopted herein, to permit a public nuisance, health hazard, or source of filth to develop thereon, or to permit such to contribute to the material devaluation of surrounding real property due to violations of the property maintenance code. A public nuisance shall include, but is not limited to, the following:
(1) Junk; scrap metal. The storage or accumulation of tires, auto parts, storage tanks, dumpsters, junk machinery, machinery parts, abandoned, discarded or unused appliances, junked appliances, objects or equipment, salvage materials, or scrap metal (whether recyclable or unrecyclable) within the city limits and within the ordinary view except on premises authorized by the city for such purposes;
(2) Accumulation of construction, demolition or landscaping debris. All exterior property and premises shall be free from any accumulation of combustible and noncombustible waste materials, including any material resulting from maintenance, demolition, repair, alteration or construction of buildings, structures or grounds, or landscaping or natural damage of grounds, including, but not limited to, fallen trees, tree branches, brush and yard trimmings;
(3) Exterior use or storage of indoor furniture. The use or storage of furniture which is upholstered or not designed for outdoor use in an uncovered or exposed area in which it is likely to decay, decompose or retain moisture causing a health hazard.
(4) Compost piles. Any compost pile which is of such a nature as to spread or harbor disease, emit unreasonable, unpleasant odors or harmful gas, or attract rodents, vermin or other disease-carrying pests, animals or insects, provided that the presence of earthworms in a compost pile shall not constitute nuisance;
(5) Nauseous substances or odors. The permitting of any offal, manure, rubbish or filth, decaying animal or vegetable matter, excessive animal excrement or any foul or nauseous substances, or nauseous or offensive odor to be emitted or to be discharged out of or flow from the premises;
(6) Dangerous trees or stacks adjoining streets. The permitting of any tree, shrubbery, hedge or other object to grow or stand in such a condition that it interferes with the use, construction or maintenance of streets or sidewalks, that could cause injury on streets or sidewalks, or that causes an obstruction to drainage or poses a danger to life, limb or property;
(7) Obstruction of storm water and drainage facilities. The permitting of any limbs, leaves, grass clippings or other objects to be placed in a manner that interferes with the use or maintenance of any storm water and drainage facilities;
(8) Visual obstructions of streets. The permitting of any hedge, shrubbery, fence or other visual obstruction on any corner of lot to attain a height which prohibits proper sight distance.
(9) Dilapidated structures. All buildings, walls and other structures which have been damaged by fire, decay or otherwise and which are in a state of dilapidation, deterioration or decay so as not to provide shelter, sufficient sewer, plumbing, electrical or heating facilities or which are unsound or in danger of collapse or failure and which are a danger to safety of the public or which are vacant or abandoned and open or accessible to vagrants or passerby or which are otherwise built, erected or maintained in violation of any ordinance;
(10) Obstructions over streets. All hanging signs, awnings, canopies, wires and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety or to be contrary to ordinance, unless approved by the city;
(11) Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply;
(12) Accumulation of refuse/trash containers. The storing or permitting the accumulation of refuse, unless such refuse is kept separately in standard refuse/trash containers or dumpsters which are covered by solid, tight fitting lids and which have no uncovered holes, and the storing or permitting the accumulation of refuse and trash for which removal of refuse and trash is not provided;
(13) Scattering garbage, etc. Throwing, placing, or scattering of any garbage, rubbish, trash, or other refuse over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove or burn;
(14) Attractive nuisances. The allowing of any physical condition, use or occupancy of any property or premises to be an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, standing pools of water, basements, excavations, retaining walls, unsafe fences and refrigerators, freezers, ice chests, ice boxes or similar airtight box or container which has a locking device inoperable from within, without first unhinging and removing the door or lid and detaching the locking device from the door or lid;
(15) Graffiti. The allowing of any GRAFFITI, which is defined as any inscription, drawing or design that is scratched, painted, sprayed or placed on any surface of any structure that has no redeeming artistic, moral or social value;
(16) Hoarding of materials. The accumulation of combustible materials, trash, food, newspapers, magazines, old clothes and other items that create a serious fire and health hazard that can cause disease, contribute to vermin and/or insect infestations, affect the occupants or the building, neighbors, public safety personnel and the general public, or violate any other city safety code;
(17) Rubbish. An accumulation on any property of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any sidewalk, or property of another;
(18) Storage of explosives. The storage of explosive material, including, but not limited to fireworks, which creates a safety hazard to other property or persons in the vicinity;
(19) Weeds and grass. The excessive growth of weeds, grass, or other vegetation, except flowers or other ornamental vegetation, which are properly maintained. Unless otherwise provided, EXCESSIVE shall mean growth to a height of ten inches or more.
(20) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private property in any open or unfenced lot or place.
(21) Junked motor vehicles. The presence of any junked motor vehicle on public property or on any private lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city and within ordinary view. Further, a junked motor vehicle or parts thereof shall be considered rubbish or refuse, and it shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any motor vehicle on any real property within ordinary view. In addition to the penalties specifically enumerated herein in Chapter 99 of the Dawson Springs' Code of Ordinances, the City of Dawson Springs, after the issuance of at least one citation associated herewith and the failure of the bona fide owner to remedy the same, shall also be allowed to remove any junked motor vehicle as described herein and recoup any towing expenses and impoundment expenses associated therewith. Notwithstanding the foregoing, this provision shall not apply with regard to:
(a) Any motor vehicle on the property of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or
(b) Any motor vehicle on property occupied and used for repair, reconditioning and remodeling of motor vehicles or appliances in conformance with the zoning code of the city; or
(c) Any motor vehicle as defined in KRS 281.0911 that is owned controlled, operated, managed, or leased by a motor carrier.
(22) Generally. In addition to this division, a public nuisance shall also include, but is not limited to, the following:
(a) The physical condition or occupancy of any property regarded as a public nuisance at common law;
(b) Any unsafe structure or property that is unsafe for human habitation;
(c) Any property that is in imminent danger of becoming a fire or other hazard, or is manifestly unsafe or unsecure, so as to pose an imminent threat or danger to life, limb or property;
(d) Any property from which the plumbing, electrical, heating or other facilities required by this property maintenance code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective and the required precautions against trespassers have not been provided;
(e) Any property that is unsanitary, littered with rubbish or garbage or has uncontrolled weeds growing on it; and/or
(f) Any residence, building, outbuilding or other structure that is overcrowded, open, vacant or abandoned, damaged by fire to the extent that it is uninhabitable, in danger of collapse or failure or dangerous to anyone on or near the property.
(23) Unsafe structure; imminent danger. When in the opinion of the Code Enforcement Officer, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Enforcement Officer is hereby authorized and empowered to order and require occupants to vacate the premises forthwith. The Enforcement Officer shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Property Maintenance Code Enforcement Officer.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making repairs, removing the hazardous condition or of demolishing the same. In the event a property owner files a written notice appealing the issuance of a violation or citation within the time approved by this subchapter, a copy of the citation or violation and a copy of the appeal shall be delivered to the Code Enforcement Board.
(24) Problem structures. In that there is a need to establish a period of time a problem structure may remain standing, the appropriate sections of the International Property Maintenance Code dealing with unsafe structures and equipment is amended to add the following:
(a) A problem structure is defined as a building or other structure that poses a nuisance or danger to the public, police department or fire department and includes, but is not limited to the definition in the International Property Maintenance Code, as well as the following:
1. A building whose interior or exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of the base;
2. A building, exclusive of the foundations, that shows 33% or more damage or deterioration to its supporting members or 50% or more damage or deterioration to its non-supporting members or to the enclosing or outside walls or coverings;
3. A building having improperly distributed loads on the floors, or roofs, or in which same are overloaded or have insufficient strength to be reasonably safe to occupants or the public;
4. A building damaged by fire, wind, seismic or other causes so as to cause the building to become dangerous to life, limb or property of the occupants or to the public;
5. A building that has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or is likely to cause sickness or disease or injury to health, safety or general welfare of those living therein;
6. A building having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;
7. A building having inadequate facilities for egress in case of fire or other events, or having insufficient stairways, fire escapes or other means of travel;
8. A building that has parts or elements that are attached or not attached in such a way that they may fall and cause injury to persons or property;
9. A building characterized by disconnected utilities, extensive broken glass, excessive peeling or flaking paint on the exterior walls, loose or rotting materials on the roof or the exterior walls; or
10. Any vacant building or structure not secured from entry or the elements.
(b) When a problem structure which has been damaged by fire or illegal activity, and which is not in danger of structural collapse, has been closed and secured from entry and the elements and the structure continues to remain closed and secured from entry and the elements by approved methods, it may remain standing in a safe condition for a period not to exceed 90 days from the date of the fire, the date of damage from illegal means or the date of the release of the property from a governmental, criminal, fire or explosives investigation, at which time an application must have been made for a building permit to repair or for a demolition permit. If a building permit is requested and approved, repair or renovation work to begin the property into compliance must be completed within 60 days of the date of the issuance of the permit unless an extension is granted by a Code Official or the Code Enforcement Board. If a demolition permit is requested and approved, demolition must be completed with the time established in the permit.
(c) Failure of the property owner to keep the structure closed and secured from entry and the elements or to obtain the required permit in the specified time shall constitute permission to a Code Official, Code Enforcement Officer, employee, or other authorized agent of the city to enter upon the property to remedy the situation and to abate the nuisance which may include abatement by demolition and removal of the problem structure.
(C) Temporary safeguards. Notwithstanding other provisions of this property maintenance code, whenever, in the opinion of the Code Enforcement Officer, there is imminent danger due to an unsafe condition, the Enforcement Officer may order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the enforcement officer deems necessary to meet such emergency.
(D) Closing streets. When necessary for public safety, the Code Enforcement Officer shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit same from being utilized.
(E) Emergency repairs. For the purpose of this section, the Code Enforcement Officer shall employ the necessary labor and materials to perform the required work as expeditiously as possible within the limits of the appropriations for the department. Cost incurred in the performance of emergency work shall be the responsibility of the property owner.
(F) Demolition general. The Code Enforcement Officer may order the owner of any premises upon which is located any structure, which in the Officer's judgment is dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove the structure; is reasonably capable of being made safe by repairs, to repair and make safe and sanitary; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
(G) Liability for damages to remove vehicle or other items from property. No city official, code official, employee, servants, agents, or any department of the city shall be liable for any loss or damage to the junked motor vehicle, junked appliances, rubbish, trash, or other material constituting a violation on the property maintenance code as a result of such being removed from the property or as a result of any subsequent sale or other disposition.
(H) Right of entry. A Code Enforcement Officer may enter upon public or private property to inspect a suspected violation of the property maintenance code when, in ordinary view, there exists reasonable evidence that a violation exists. If the violator does not request a hearing before the Code Enforcement Board and the property is not brought into compliance, or if the Code Enforcement Board orders the property be brought into compliance and the violator refuses, failure to so comply shall constitute permission to a code official, employee or other authorized agent of the city to enter upon the property to remedy the situation and to abate the violation.
(I) Subchapter supplemental to other regulations.
(1) The provisions of this subchapter are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or any other legal entity or agency having jurisdiction.
(2) The provisions of this subchapter shall be deemed cumulative of the provisions and regulations contained in the code of ordinances of the city, save and except that where the provisions of this subchapter and the sections hereunder are in conflict with the provisions elsewhere in this code, then the more restrictive provisions shall prevail.
(J) The provisions of chapter shall not apply to: junked, wrecked, or inoperative automobiles, vehicles, machines, or other similar scrap or salvage materials located on the business premises of a:
(1) Licensed automotive recycling dealer;
(2) Used motor vehicle dealer as defined in KRS 190.010(6); or
(3) Motor vehicle auction dealer as defined in KRS 190.010(11);
(4) Junked, wrecked, or inoperative motor vehicles, including parts cars, stored on private premises by automobile collectors, whether as a hobby or a profession, if these motor vehicles and parts cars are stored out of ordinary public view by means of suitable fencing, trees, shrubbery, or other means; and
(5) Any motor vehicle as defined in KRS 281.010 that is owned, controlled, operated, managed, or leased by a motor carrier.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016; Am. Ord. 2019-07, passed 10-15-2019; Am. Ord. 2019-08, passed 10-15-2019; Ord. 2023-03, passed 5-16-2023)
(A) Demolition permit required. It shall be unlawful to demolish any building, structure or part thereof without filing a written application for a demolition permit with the City Clerk.
(B) Demolition permit fees. For the demolition of any building, structure or part thereof, the permit fee shall be established by the City Mayor, but shall not be less than the following:
(1)
Twenty-five dollars ($25) for all residential or any small commercial that is one story and less than 3,000 square feet.
(2) Twenty-five dollars ($25) for any private, residential accessory structure (garages and storage sheds over 150 square feet).
(3) Fifty dollars ($50) for any commercial and industrial structures and all others exceeding 3,000 square feet.
(C) Double fee. Where work for which a permit is required by this subchapter is started or proceeded with prior to obtaining the required permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this division in the execution of the work nor from any other penalties prescribed herein.
(D) Demolition or alteration of common or fire wall. When demolition of any structure involves alterations to a common, party wall or a fire wall or fire separation wall, the owner or contractor is (1) required to submit detailed plans to the building official detailing scope of work to correct any defects in the remaining wall(s) and (2) post a bond with the City Clerk in an amount not less than $20,000 to insure proper completion of the exposed, remaining wall to building code standards.
(E) Liability insurance. Proof of liability insurance is required to be submitted to the City Clerk by the contractor prior to issuance of demolition permit for protection of adjoining properties and public right-of-way improvements.
(F) Time limit. The Code Enforcement Officer or Code Official may impose a time limit as an additional condition of a permit for completion of demolition work once such work shall have commenced, provided that for cause one or more extensions of time, for periods not exceeding 30 days each, may be allowed in writing by the Enforcement Officer.
(G) Standards. The following standards shall apply to demolition:
(1) Demolition work, having commenced, shall be pursued diligently and without unreasonable interruption with due regard to safety. It is the intent of this section to limit the existence of an unsafe condition or nuisance on the premises during the period of demolition operations.
(2) Any surface holes or irregularities, wells, septic tanks, basements, cellars, sidewalk vaults, or coal chutes remaining after demolition of any building or structure shall be filled with material as approved by the enforcement officer, and shall be graded in such manner that will provide effective surface drainage. Any surface irregularities resulting from the demolition process shall be leveled to match surround grade.
(3) All debris and accumulation of material resulting from demolition of any building or structure shall be removed from all premises.
(4) All building sewers shall be effectively plugged at the property line as may be required.
(H) Inspections. The Code Enforcement Officer shall make the following inspections
upon notification from the permit holder or his or her agent:
(1) Initial inspection is to be made after all utilities connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or remain after demolition operations.
(2) Final inspection is to be made after all demolition work is complete,
(I) Owner and contractor responsible. The provisions of this section may be enforced against either the owner or any person or contractor performing the work or both.
(Ord. 92A, passed 8-19-2013; Ord. 2023-03, passed 5-16-2023)
The following requirements shall govern all enforcement proceedings before the Code Enforcement Board:
(A) Enforcement proceedings shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Except when immediate action is necessary pursuant to this chapter if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person or owner has violated a city ordinance, he or she shall issue a notice of violation allowing the alleged violator a specified period of time to remedy the violation without incurring a fine. If the alleged violator fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(C) The Code Enforcement Officer shall issue a citation by one of the following methods:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person 18 years of age or older who is on the premises, if the alleged violator is not on the premises at the time the citation is issued; or
(3) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(D) The citation issued by the Code Enforcement Officer shall contain the following information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The physical address of the premises where the violation occurred;
(4) The date and time the offense was committed;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance violated;
(7) The name of the Code Enforcement Officer;
(8) The civil fine that may be imposed for the violation, including, if applicable:
(a) The civil fine that will be imposed if the person does not contest the citation; and
(b) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation within the time allowed the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation; the determination that the violation was committed shall be final; the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation; and the person shall be deemed to have waived the right to appeal the final order to District Court.
(E) In the event a property owner files a written notice appealing the issuance of a violation or citation within the time provided by this subchapter, a copy of the citation or violation and a copy of the appeal shall be delivered to the Code Enforcement Board.
(F) (1) The person or owner to whom the citation is issued shall respond to the citation within seven days of the date of issuance by either paying the civil fine or requesting, in writing, a hearing to contest the citation. If the person or owner fails to respond to the citation within seven days, the person or owner shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final. In this event, the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation, and the person or owner shall be deemed to have waived the right to appeal the final order to District Court.
(2) Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice.
(Ord. 2016-02, passed 7-14-2016; Ord. 2023-04, passed 5-16-2023)
(A) The city shall possess a lien on property owned by the person found by a final, nonappealable final order as defined herein, or by a final judgment of the court, to have committed a violation of a local government ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the local government in connection with the enforcement of the ordinance, including abatement costs, reasonable attorney fees and court costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
(B) The lien shall take precedence over all other subsequent liens, except state, county, school board, and city taxes; and shall continue for ten years following the date of the nonappealable final order, or final judgment of the court; and may be enforced by judicial proceedings, including an action to foreclose.
(C) In addition, to the remedies described hereinabove, the person found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees, and abatement costs incurred by the City of Dawson Springs in connection with the enforcement of this chapter. The City of Dawson Springs may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 2016-02, passed 7-14-2016; Ord. 2023-04, passed 5-16-2023)
The City of Dawson Springs shall obtain and maintain priority over previously filed liens in accordance with the following provisions:
(A) Individuals and entities, including but not limited to lienholders, may register with the city to receive notification of final orders entered pursuant to this chapter.
(B) In order to receive the notification, the registrant shall submit the following information to the code enforcement officer:
(1) Name;
(2) Mailing address;
(3) Phone number; and
(4) Electronic mailing address.
(C) It shall be the responsibility of the registrant to maintain and update the required contact information with the city.
(D) Once per month the city shall send notification of all final orders entered pursuant to this chapter since the last date of notification to each party registered pursuant to this section.
(E) The city shall maintain the records created under this section for ten years following their issuance.
(F) A lienholder of record who has registered pursuant to this section may, within 30 days from the date of issuance of notification:
(1) Correct the violation, if it has not already been abated; or
(2) Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement of this chapter, including abatement costs.
(G) Notwithstanding this section, nothing shall prohibit the city from taking immediate action if necessary under provisions of the code enforcement ordinances.
(H) The lien provided by § 99.15 of this chapter shall not take precedence over previously recorded liens if:
(1) The city failed to comply with the requirements of § 99.15 of this chapter for notification of the final order; or
(2) A prior lienholder complied with this section.
(I) A lien that does not take precedence over previously recorded liens under this section shall, if the final order remains partially unsatisfied, continue to take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
(J) The city may record a lien before the 45 day period established in division (F) of this section expires. If the lien is fully satisfied prior to the expiration of the 45 day period, the city shall release the lien in the County Clerk's Office where the lien is recorded within 15 days of satisfaction.
(K) Failure of the city to comply with this section of this chapter, or failure of a lien to take precedence over previously filed liens as provided in this Section, shall not limit or restrict any other remedies the city has against the property of the violator.
(Ord. 2016-02, passed 7-14-2016; Ord. 2023-04, passed 5-16-2023)
Loading...