(A) Criminal or civil penalty. Pursuant to the city’s prosecutorial discretion, the city may enforce violations of the provisions of this subchapter as criminal, civil or abatement actions.
(1) Misdemeanor. Any person who is violating any of the provisions of this subchapter shall be guilty of a misdemeanor. Each and every day, during which any such offence is committed, continued or allowed shall be a separate offense.
(2) Each and every offense under this subchapter is punishable by:
(a) A fine not exceeding $100 for the first offense;
(b) A fine not exceeding $500 for the second offence of the same or similar provision within one year period; or
(c) A fine no less than $1,000 for each additional offence, after the second, of the same or similar provision of this subchapter within a one year period of the first offense.
(3) Penalty for misdemeanor. Any person found guilty of a misdemeanor under this subchapter shall be subject to imprisonment for a period of not exceeding six months; or, by both fine and imprisonment.
(4) Civil penalties. Any person who intentionally, accidentally, or negligently violates any provision of this subchapter may be civilly liable to the city in the sum of not less than $100 but not to exceed $1,000 per day for each day in which such offence occurs or continues. The city may petition the Jefferson District Court to impose, assess and recover such sums.
(B) Enforcement procedures and notice.
(1) The city hereby establishes the standards and procedures for the enforcement of this subchapter under KRS 65.8840 as follows.
(a) Whenever such a situation is discovered, the city person or employee as may be designated by the City Council to enforce city ordinances shall give five days written notice to any one or more or all: the owner, operator, agent, occupant or person having control or management of the property to remedy such situation.
(b) The notice shall be served upon the responsible person as stated above, by mail, or by personal service. If by mail, it shall be addressed to the last known address of the owner of the said property, as it appears on the current tax assessment roll. The failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of notice of a hearing or order pursuant to this subchapter shall be conclusively deemed to be adequate notice to any and all occupants, users or possessors of the property or its contents, and the failure of any such occupant, user or possessor to see, read, understand or otherwise receive the notice shall not invalidate any of the proceedings. Upon the failure to the owner of the property to comply, the city is authorized to send employees or persons hired by the city upon said property to remedy the situation.
(2) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The Affidavit of the person or employee as may be designated by the City Council to enforce city ordinances, shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this subchapter and KRS 381.770, and shall be recorded in the Office of the Jefferson County Clerk. The lien shall be notice to all personas from the time of its recording and shall bear interest thereafter until paid at the rate of 1.5% per month, compounded monthly, and may be enforced by judicial proceedings.
(3) In addition to the remedy prescribed in the previous sections of this section 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 recover of a debt owed.
(Ord. G-D9, Series 2011-2012, passed 6-26-12)