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An appeal from any final order of the Board may be made to the Pendleton District Court within 30 days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the Board’s order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. If no appeal of the final order of the Board is filed within the time allowed, the Board’s order shall be deemed final for all purposes.
(Ord. 94.05-2013, passed 12-10-13)
(A) The City of Falmouth shall possess a lien on property owned by the person found by a final non-appealable order of the Code Enforcement Board, or by a final judgment of the Court, to have committed a violation of a Falmouth City ordinance, for all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of this subchapter.
(B) The lien shall be recorded in the office of the Pendleton County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at 12% per annum.
(C) The lien shall take precedence over all other subsequent liens, except state, county, School Board, and city taxes, and may be enforced by judicial proceedings.
(D) In addition to the remedy prescribed in division (A), the person found to have committed the violation shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of this subchapter. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 94.05-2013, passed 12-10-13)
The city shall obtain and maintain priority over previously and subsequently filed liens, as provided in § 40.14 of this chapter, 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 entered pursuant to this chapter.
(B) In order to receive the notification, the registrant shall submit the following information to the Code Enforcement Manager, or his or her designee:
(1) Name;
(2) Mailing address;
(3) Phone number; and
(4) Electronic mailing address.
(C) A registrant may use the electronic form provided on the city website to submit the information required by division (B) above. 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) No less than once a month, but no more frequently than once per week, the city shall send electronic mail notification of all final orders entered pursuant to this chapter 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 website. 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 if, in the exercise of reasonable diligence, it is ascertainable;
(4) A copy of the full citation;
(5) A copy of the full final order; and
(6) The status of the final order regarding its ability to be appealed pursuant to this chapter.
(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) At the same time the electronic notification under division (D) above is sent, the city shall update its code enforcement database to reflect the issued final order, and shall post this notification containing an updated link to the code enforcement database on the city website.
(G) The city shall maintain the records created under this section for ten years following their issuance.
(Ord. 2021:4, passed 6-1-21)
(A) Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment of same, and the proceeds of the same shall be applied to pay the charges after deducting costs as is the case in the foreclosure of statutory liens. The foregoing shall be in equity in the name of the county government. Sale of the property shall be had by the Master Commissioner following proper order of the circuit court.
(B) The City Attorney is hereby authorized and directed to institute the proceedings, in the name of the city, in any court having jurisdiction over the matter, against any property for which the bill has remained at the expiration of 60 days after being placed on the city’s tax bill for payment. Nothing shall prevent the initiation of proceedings prior to the placement of the unpaid liens on the city’s tax bill.
(C) All court costs, Master Commissioner fees, advertising fees, attorney fees and any other costs associated with the initiation of legal proceedings shall be assessed against the violator and awarded in any judgment.
(Ord. 2021:4, passed 6-1-21)
Nothing in this subchapter shall prohibit the City of Falmouth from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation present 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.
(Ord. 94.05-2013, passed 12-10-13; Ord. 2021:4, passed 6-1-21)