(A) (1) The Code Enforcement Board established pursuant to Chapter 40 of the Code of Ordinances is designated as the hearing board, and its members are designated as hearing officers. The Board shall follow the procedures established by Chapter 40 of the Code of Ordinances.
(2) The Police Department is hereby delegated authority for the enforcement of this Nuisance Code. The Nuisance Code may be enforced by a civilian code enforcement officer employed by or under contract with the Police Department.
(B) Whenever a nuisance situation is discovered, a Code Enforcement Officer may initiate enforcement proceedings pursuant to § 40.09 of the Code of Ordinances. Upon the failure of the owner of the property to comply, the Police Department is authorized to send employees or agents upon the property to remedy the situation and abate the nuisance.
(C) Pursuant to the authority of KRS 65.8840, the city shall possess a lien on the property for all fines, penalties, charges, abatement costs, and fees imposed, including for the reasonable value of labor and materials used in remedying the nuisance situation by abatement thereof. 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 KRS 65.8840 and this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at 12% per annum thereafter until paid. The lien created shall take precedence over, be superior to, and have priority over all other liens on the property, except state, county, school board, and city taxes, and may be enforced by judicial proceeding. In addition to this remedy or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section 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.
(Ord. 93.03, passed 10-12-93; Am. Ord. 93.03A, passed 6-14-94; Am. Ord. 93.04, passed 9-28-99; Am. Ord. 2009-93.05, passed 12-3-09; Am. Ord. 2015-94.07, passed 10-13-2015) Penalty, see § 92.99
Statutory reference:
Abatement of nuisance, see KRS 65.8840