(A) (1) It shall be the duty of the City Dry Ridge Codes Enforcement Officer or other responsible officer designated by the Mayor to serve or cause to be served a notice upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this chapter by:
(a) Personal service to the property;
(b) Leaving a copy of the violation notice with any person eighteen (18) years of age or older who is on the premises , if the property owner or occupant is not on the premises at the time the violation is issued;
(c) Mailing a copy of the violation notice by regular first-class mail to the last known recorded mailing address of the property owner and/or occupant; or
(d) If, in the exercise of reasonable diligence, the issuance of a violation notice using the method set out in divisions (A)(1)(a) to (c) of this section is not possible, then the violation notice is properly served by posting a copy of the notice in a conspicuous place on the premises.
(2) Such notice shall give the owner or occupant five (5) days to abate the nuisance, unless such nuisance presents imminent danger, a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible, the owner or occupant shall have twenty-four (24) hours to abate the nuisance.
(B) If the person so served does not abate the nuisance within five days of notice where abatement hearing procedures are not required or invoked, then the city may proceed to abate the nuisance, keeping an account of the expense of the abatement, and the expense shall be a charge and paid by the owner or occupant.
(C) Pursuant to KRS 65.8840, the property owner shall be afforded a public hearing prior to the abatement of any nuisance and/or demolition of any unfit or unsafe structure. Provided, however, that such hearing must be requested in writing by the property owner themselves, a copy of which shall be served upon the City Clerk not later than seven working days following receipt of notice as set forth above. The City Clerk shall thereafter fix the time and place for a hearing which shall be held not later than two weeks thereafter, with notice of said hearing to be immediately provided to the property owner. The City Clerk shall notify the Mayor and all members of City Council as to the time and place of the hearing not less than 24 hours in advance thereof. The majority of the City Council members shall constitute a quorum to hear the appeal. The property owner shall be present and shall be heard following presentation to the Council of facts which necessitate enforcement through this section by the Codes Enforcement Officer. The public shall also be entitled to be heard on any matter which may tend to impact the decision of the City Council. If, after hearing, a majority of the members of the City Council present at the meeting declare in favor of the property owner, such abatement shall not occur, and the Council shall make recommendations to the property to abate the nuisance or make any building fit for human habitation, occupancy or use. Should the majority of the members present at the meeting decide that such abatement is necessary, demolition and/or other abatement shall immediately occur.
(D) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to statute, and shall be recorded in the office of the Grant County Clerk. The lien shall be notice to all persons from the time of its recording and bear interest thereafter until paid. The lien created shall take precedence over all other subsequent liens, save for state, county, school board, and city taxes, and may be enforced by judicial proceeding.
(E) Charges for nuisance abatement shall be a lien upon the premises. Whenever a bill for charges remains unpaid for 60 days after it has been rendered the City Clerk may file with the county clerk’s office, a statement of lien claims. This statement shall contain a legal description of the premises, the expanses and costs incurred, the date the nuisance was abated, and a notice that the city claims a lien for this amount. Notice of the lien shall be mailed to the owner of the premises if his address is known. However, failure to record the lien claim or mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges. The lien shall be notice to all persons from the time of its recording and shall bear interest legal at the rate of 12% per annum until paid.
(F) In addition to other claims or remedies set forth herein, the owner of a property upon which a lien has been attached for nuisance abatement shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(G) Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment and the proceeds of the sale shall be applied to pay the charges after deducting costs, as in the case in the foreclosure of statutory liens. This foreclosure shall be in equity in the name of the city.
(H) The City Attorney is authorized and empowered to institute proceedings in the name of the city in any court having jurisdiction over the matter and against any property for which the bill has remained unpaid after it has been rendered.
(Ord. 742-2009, passed 5-18-09; Am. Ord. 847-2018, passed 6-4-18)