(A) Permitting nuisance to develop prohibited. It shall be unlawful for the owner, occupant or person having control or management of any land within the city to permit a public nuisance, health hazard, dilapidated structure or source of filth to develop thereon.
(B) Notice of nuisance situation; remedy. Whenever a nuisance situation is discovered, the authorized city official shall give five days’ written notice to remedy the nuisance situation. The notice shall be mailed to the last known address of the owner of property, as it appears on the current tax assessment roll. Upon the failure of the owner of the property to comply, the authorized city official is authorized to send employees upon the property to remedy the situation.
(C) Notice of violation. When any property is declared a public nuisance, notice of the violation of this chapter shall be given as follows.
(1) Written notice of the violation and an order to remedy the violation shall be delivered or sent by certified mail to the owner or responsible person of the property.
(2) If the enforcement officer is unable to determine or locate the owner or responsible person of the property, the notice of violation shall be posted in a conspicuous place on or near the property, and it shall be published pursuant to KRS Chapter 424 in a newspaper of general circulation in the county.
(3) Notice to any one owner of the property shall constitute notice to all other owners of the same property.
(4) Notice mailed to an owner at the last address shown on the property tax roll maintained by the city shall constitute notice to all owners of the property. Each owner of property located in the city shall have a duty to timely notify the city of the proper mailing address of the owners of the property.
(D) Period to cure.
(1) In the written notice, the owner or responsible person shall be afforded a period during which to cure the violation. The following periods to cure shall apply:
(a) Public nuisance as described in § 92.03(B)(1) through (B)(8) shall be allowed five days to cure;
(b) Forty-five calendar days for dilapidated structures; and
(c) Ninety calendar days for structures damaged by fire.
(2) The enforcement officer may extend the period to cure for an additional time not to exceed the original period. All periods to cure shall begin when notice is mailed.
(E) Remedies. When any owner of property is found to be in violation of any provision of this chapter, the city, in its discretion and without obligation, may elect to pursue any or all remedies available in an effort to cure the problem, including declaring the property a nuisance and, after notice, proceeding to abate the nuisance; issuance of criminal citations; seeking injunctive relief; or pursuing any other remedy available at law. The election of one remedy shall not preclude the pursuit of any other.
(F) Hearing panel. By municipal order, the Mayor, with City Council approval, shall appoint three individuals who shall constitute a Hearing Panel for the purpose of conducting hearings pursuant to this chapter. Members of the Hearing Panel may not be employees of the city and shall serve without compensation. An enforcement officer shall not be a member of the Hearing Panel.
(G) Hearing. Any owner of property declared a nuisance under this chapter shall have the right to a hearing before the Hearing Panel. A hearing request must be made within 15 calendar days of mailing the notice of violation. A request for a hearing shall be timely submitted in writing, signed by the requesting owner, containing the current mailing address and telephone number of the requesting owner, and received by or delivered to the City Clerk/Treasurer’s office no later than 15 calendar days following the date of mailing the notice of violation. Upon receipt of a timely submitted written request for hearing, the enforcement officer shall schedule a hearing before the Hearing Panel as soon as reasonably possible. Written notice of the date, time and location of the hearing shall be mailed to the owner or responsible person who requested the hearing. At the hearing, both the owner or responsible person and the enforcement office shall be allowed to present evidence and to cross-examine witnesses. The rules of evidence shall not apply. At the conclusion of the hearing, the Hearing Panel shall go into closed session, to discuss whether the notice of violation and order to remedy was appropriate under the circumstances. The decision of the Panel shall be made by majority vote and announced in open session following deliberations. A written order containing the findings and decisions of the Hearing Panel shall be filed with the City Clerk/Treasurer and mailed to the owner within five business days following announcement of the Panel’s decision.
(H) Abatement by city. If the owner or responsible person of property in violation of this chapter fails to properly cure or remedy the violation within the time prescribed in the notice, or within seven days following entry of an order by the Hearing Panel upholding a notice of violation, whichever is later, then the city, in its discretion and without obligation, may enter upon the property and take such action as it deems appropriate to cure the violation and abate the nuisance. Such action may include, the cutting or removing of grass and weeds, the removal of trash, debris, garbage, refuse, materials, waste, junk, litter and other matter constituting a violation, the repair of any unsafe or unsanitary condition, and the demolition and removal of any dilapidated structure.
(I) Lien. The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the nuisance situation.
(1) The affidavit of the authorized city official shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to 65.8840(9) and this section, and shall be recorded in the office of the County Clerk.
(2) The lien shall be notice to all persons from the time of its recording and shall bear interest at the rate established by the city thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceeding.
(3) 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.
(2002 Code, § 92.15) (Ord. 1995-C-5, passed 5-1-1995)
Statutory reference:
Abatement of nuisance; enforcement ordinance; lien; personal liability of property owner, see KRS 381.770