(A) The city shall not institute eminent domain proceedings pursuant to this chapter and KRS 99.705 through KRS 99.730 unless the Flemingsburg Code Enforcement Board has certified that the property is blighted or deteriorated.
(B) A property referred to the Flemingsburg Code Enforcement Board by a city agency as blighted or deteriorated may only be certified to the city council as blighted or deteriorated after the Flemingsburg Code Enforcement Board has determined:
(1) That the owner of the property or designated agent has been sent an order by the appropriate city or county agency to eliminate the conditions which are in violation of local codes or law;
(2) That the property is vacant;
(3) That the property is blighted and deteriorated;
(4) That the Flemingsburg Code Enforcement Board has notified the property owner or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of such condition has expired and the property, owner or agent has failed to comply with the notice, and
(5) That the Flemingsburg-Fleming County Planning Commission has determined that the reuse of the property for residential and related use is in keeping with the comprehensive plan.
(C) The findings required by subsection (A) of this section shall be in writing and included in the report to the city council.
(D) The Flemingsburg Code Enforcement Board shall notify the owner of the property or a designated agent that a determination of blight or deterioration has been made and that failure to eliminate the conditions causing the blight shall render the property subject to condemnation by the city under KRS 99.705 to 99.730. Notice shall be mailed to the owner or designated agent by certified mail, return receipt requested. However, if the address of the owner or a designated agent is unknown and cannot be ascertained by the Flemingsburg Code Enforcement Board in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected. The written notice sent to the owner or his agent shall describe the conditions that render the property blighted and deteriorated, and shall demand abatement of the conditions within ninety (90) days of the receipt of such notice.
(E) An extension of the ninety (90) day time period may be granted by the Flemingsburg Code Enforcement Board if the owner or designated agent demonstrates that such period is insufficient to correct the conditions cited in the notice. (KRS 99.720)
(Am. Ord. 12-16-1, passed 12-12-16)