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The city 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 electronic notification of final orders;
(B) To receive the notification, the registrant shall submit the following information to the City Clerk:
(1) Name;
(2) Mailing address;
(3) Phone number; and
(4) Electronic mailing address.
(C) A registrant may use the form provided on the city web site to submit the information required in division (B). It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The city shall inform a registrant of any evidence received that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
(D) Once per month, the city shall send electronic mail notification of all final orders since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to the city code enforcement database located on the city web site. The database shall include the following information regarding each final order:
(1) The name of the person charged with a violation;
(2) The physical address of the premises where the violation occurred;
(3) The last known mailing address for the owner of the premises where the violation occurred;
(4) 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;
(5) 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
(6) The status of the final order in regards to its ability to be appealed.
(E) If an appeal is filed on a final order pursuant to this chapter, the city shall send electronic mail notification to all registrants.
(F) Within ten (10) days of the issuance of a final order pursuant to this chapter, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by division (D) of this section containing an updated link to the code enforcement database on the city web site.
(G) The city shall maintain the records created under this section for ten (10) years following their issuance.
(Ord. 2016-19, passed 12-6-16)
(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 the ordinance, including attorney’s fees and abatement costs.
(B) Nothing in this section shall prohibit the city from taking immediate action if necessary under § 32.70.
(C) The lien provided by § 38.12 shall not take precedence over previously recorded liens if:
(1) The city failed to comply with the requirements of § 38.12 for notification of the final order; or
(2) A prior lienholder completed the actions listed in division (A).
(D) A lien that does not take precedence over previously recorded liens under division (C) 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.
(E) The city may record a lien before the forty-five (45) day period established in division (A) expires. If the lien is fully satisfied prior to the expiration of the forty-five (45) day period, the city shall release the lien in the County Clerk’s office where the lien is recorded within fifteen (15) days of satisfaction.
(F) Failure of the city to comply with § 38.12 or this section, or failure of a lien to take precedence over previously filed liens as provided in division (C) of this section, shall not limit or restrict any other remedies the city has against the property of the violator.
(Ord. 2016-19, passed 12-6-16)
(A) Except as provided in § 99.99, any person, firm, corporation, or titled owner who violates a provision of this code for which another penalty is not specifically set, including the city’s International Property Maintenance Code, as set forth in Chapter 150 of the code, and/or the city’s Nuisance Code, as set forth in Chapter 99 of the code, shall be subject to a civil fine of not less than fifty dollars ($50.00) per day per violation, but not more than one hundred dollars ($100.00) per day per violation for the first thirty (30) days if the violation(s) remains uncorrected, and thereafter, a civil fine of not less than one hundred dollars ($100.00) per day per violation, but not more than two hundred fifty dollars ($250.00) per day per violation, until the violation(s) are corrected. The city may also recover any costs it incurs in abating the violation(s).
(B) Each day a violation continues after due notice has been served shall be deemed a separate offense, up to a maximum of five thousand dollars ($5,000.00) per citation. A Code Enforcement Officer may suspend daily fines if a property owner submits documentation or provides other substantial evidence showing it has taken action to remediate the code violation(s). If so, the Code Enforcement Officer shall enter a written notation in the case file outlining the remediation efforts undertaken and the date on which the daily fines were suspended. This Officer may revoke the suspension if, in his or her opinion, remediation efforts at the property have discontinued; this revocation also shall be recorded in the case file.
(C) If the property owner timely appeals tire violation(s) to the Code Enforcement Board, the Board may waive the fines accrued under this section if the property owner can show an attempt to remediate the code violation(s) in a timely fashion or that a financial hardship prevented the property owner from remediating the violation(s).
(D) The City of Dayton shall possess a lien on property for all fines, penalties, charges, attorney’s fees, and other reasonable costs associated with enforcing the code and may place a lien on this parcel of real property pursuant to the code and Kentucky law. The lien shall be superior to and have priority over all other subsequently filed liens, except state, county, school board, and city taxes.
(Ord. 2022-9, passed 5-3-22)