(A) If the Code Enforcement Board, or assigned hearing officer, does find that there is a violation of the city ordinances, the Code Enforcement Board shall have the discretion to require compliance, in addition to the fines set out in § 39.13. In addition, it is within the discretion of the Code Enforcement Board to find that each day of non-compliance after said finding will constitute the imposition of another find for each day’s violation, up to the following maximums: on first violation, the maximum total fine for each person cited is $1,000. On second violation, the maximum total fine for each person cited is $2,000. On third violation, the maximum total fine for each person cited is $3,000.
(B) The city shall possess a lien on property owned by the person found by a non-appealable final order of the code enforcement officer or board, or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the code enforcement officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
(C) The lien shall be recorded in the office of the Jefferson County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest until paid. The lien shall continue for ten years following the date of the non-appealable final order or final court judgment.
(D) Subject to § 39.16 of this chapter, the lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.
(E) In addition to the remedy prescribed herein of this section, 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 the ordinance. 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. 4, Series 2016-2017, passed 1-24-17)