Loading...
(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)
VEGETATION
Loading...