(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED URBAN PROPERTY. Shall have the same meaning provided therefore in KRS 132.012(1).
SCHEDULED PROPERTY. Those parcels of real estate identified on the attached schedule of abandoned property.
(B) Findings and declaration. From the evidence presented at a public, due process, evidentiary hearing that was conducted on September 6, 2005, with the owners of the scheduled property being notified thereof by first class U.S. mail, postage pre-paid to the address thereof, more than seven days prior to September 6, 2005, it is hereby found, determined and declared that abandoned urban property within the meaning of KRS 92.305 and KRS 132.012 exists within the city, in that, as established by the evidence at the hearing, some, if not all, of the parcels of the scheduled property are or include vacant structures or vacant or unimproved lots or parcels of ground in a predominantly developed urban area, which have been vacant or unimproved for a period of at least one year, and which are either:
(1) Unfit for their intended use because they are dilapidated, unsanitary, unsafe, vermin infested or otherwise dangerous to the safety of persons;
(2) By reason of neglect or lack of maintenance they have become a place for the accumulation of trash or debris or they have become infested with rodents or vermin; or
(3) They have been tax delinquent for a period of at least three years.
(C) Responsibility for determination. The responsibility for the continuing determination of which properties in the city are abandoned urban properties is hereby delegated to the Assistant City Clerk, who shall cause a list of abandoned urban properties in the city to be continuously maintained, updated and furnished to the County Property Valuation Administrator (PVA) prior to the date fixed for the annual assessment of real property within the country.
(D) Notice of classification and appeal. Notice of the classification of a particular lot or parcel of real estate as abandoned urban property shall be included in bold print on the annual ad valorem tax bill of the city therefore, which shall be mailed by first class U.S. mail, postage prepaid, to the address of the property or the last mailing address provided by the owners thereof to the PVA; and anybody who has any ownership interest in that particular lot or parcel of real estate may appeal from that classification by filing a written notice of appeal with the City Clerk anytime before the classification by filing a written notice of appeal with the City Clerk anytime before the following November 1; and within 20 days thereafter the Mayor or the City Administrator or any designee thereof shall conduct a due process evidentiary hearing in regard to that classification and issue a written decision in regard thereto, and a copy thereof shall be delivered to the appellant(s) in person or by certified mail to the address of the property or the last mailing address provided by the owners thereof to the PVA, or any other address provided by the appellant(s).
(E) Rehabilitation. If a property that has been classified as abandoned urban property is repaired, rehabilitated or otherwise returned to productive use, the owner shall notify the Director of Public Works of the city thereof, who shall, if he or she finds the property is no longer abandoned urban property, remove that property from the classification of abandoned urban property, and notify the PVA to strike that property from the list of abandoned urban properties.
(F) Separate tax classification. Pursuant to KRS 132.012(2), abandoned urban property is hereby separately classified for the purpose of a separate and increased rate of the ad valorem taxation thereof, which is hereby established, imposed and levied by the city at the rate of $1.50 for each $100 of the value thereof assessed by the PVA.
(1996 Code, § 38.07) (Ord. 2266, passed 10-4-2005)