§ 53.04 PROGRAM ADMINISTRATION.

   The Mayor, his or her designee or a third-party entity pursuant to contractual agreement that the Mayor is hereby authorized to enter into, shall serve as Program Administrator (the “Program Administrator”). The Program Administrator shall be responsible for the general administration of the EPAD Program and the completion of the following functions:

   (A)   Review EPAD petitions to determine compliance with applicable policies and procedures;

   (B)   Monitor proposed energy projects and timelines for completion;

   (C)   Approve written agreements between the city and owners that submit EPAD petitions and accepting energy projects pursuant to reasonable terms and conditions established for each energy project;

   (D)   Provide for the collection and distribution of assessment payments with respect to assessment payments established through the program; and

   (E)   Provide for the filing of notices of assessment as required by the Act.

(Ord. 22-2022, passed 8-15-2022)

§ 53.05 EPAD PETITION.

   Owners pursuing the development of an energy project shall complete an EPAD petition and submit it to the Program Administrator. The EPAD petition shall include and require the following:

   (A)   The signature of the owner;

   (B)   The names and current addresses of all current owners of record of the real property;

   (C)   The full legal description of the real property to which a proposed assessment payment is to be imposed, including reference to deed book and page number and property identification number;

   (D)   A general description of the proposed energy project;

   (E)   A proposed time schedule for undertaking and completing the proposed energy project;

   (F)   The written consent to the proposed assessment payment by each and every holder of a recorded mortgage lien on the affected property;

   (G)   The proposed scope of the work for the energy project;

   (H)   The estimated construction, installation and equipping budget for the energy project; and

   (I)   Information setting forth the baseline energy or water usage conditions and the energy or water savings projected to be achieved with respect to the project property as a result of the energy project. The information shall be provided by a state-licensed professional engineer, an energy service professional or a water efficiency professional or other relevant professional.

(Ord. 22-2022, passed 8-15-2022)

§ 53.06 REVIEW OF EPAD PETITIONS.

   (A)   The Program Administrator shall review each EPAD petition and all associated materials supplied therewith to determine if the EPAD petition complies with this chapter and all other applicable rules and regulations of the commonwealth and the city.

   (B)   If the EPAD petition complies, the Program Administrator shall approve a form of a project financing agreement related to the financing of the costs of the energy project. The project financing agreement shall have the customary and reasonable terms and conditions, including but not limited to, the imposition of a program assessment for a period of no more than 30 years. If approved, the Program Administrator shall file a notice of assessment in the real property records of the county as required by KRS 65.207, which shall include the following:

      (1)   The amount of the program assessment;

      (2)   The legal description of the real property;

      (3)   The name of each owner of record of the real property; and

      (4)   A reference to the statutory assessment lien provided under this section.

(Ord. 22-2022, passed 8-15-2022)

§ 53.07 PROGRAM ASSESSMENTS.

   The Program Administrator shall review each EPAD petition and all associated materials supplied therewith to determine if the EPAD petition complies with this chapter and all other applicable rules and regulations of the commonwealth and the city.

   (A)   As enumerated in the project financing agreement, the Program Administrator shall ensure the assessment is imposed and a statement as to the assessment payment due is included with the tax bill for the real property, in accordance with KRS 65.207(4)(a).

   (B)   Any program assessment shall, together with any collection fees, accrued interest and penalties, constitute a first and prior lien against the real property on which the program assessment is imposed from the date on which the notice of assessment is recorded until no assessment payments remain unpaid and the lien shall have the same priority as a lien for any other state or local ad valorem tax upon the project property.

   (C)   Any unpaid program assessment payment shall bear the same interest rate and penalty as other delinquent taxes included in the tax bill.

   (D)   To offset the cost of administering the program, including the cost of collection of assessment payments, in accordance with KRS 65.206(2)(c)2 fees may be imposed in amounts to be set forth in a project financing agreement, to be collected as a part of the assessment payment; provided that such fee shall not exceed the cost of the services performed.

   (E)   The Program Administrator shall ensure that the assessment payments collected annually are paid to the city or the finance lender in accordance project financing agreement.

(Ord. 22-2022, passed 8-15-2022)

§ 53.08 AMENDMENTS.

   Pursuant to KRS 65.206(2)(b), the City Council may amend the terms and conditions of the EPAD Program by ordinance, except that no amendments shall be adopted to retroactively change the conditions under which an existing program assessment was imposed, unless the owner consents to the amendment in writing.

(Ord. 22-2022, passed 8-15-2022)