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(A) Appeal. An appeal from any final order of the Code Enforcement Board may be made to the County 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 State Rules of Civil Procedure. The appeal shall be tried de novo. A judgment of the district court may be appealed to the County Circuit Court in accordance with the State Rules of Civil Procedure.
(B) Final judgment. If no appeal from a final order of the Board is filed within the time period set in division (A) above, the Board’s order shall be deemed final for all purposes.
(Ord. 14-2019, passed 11-5-2019)
(A) The city shall possess a lien on property owned by the person found by a non-appealable final order, 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 and attorney’s fees. 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.
(B) The lien shall be recorded in the office of the 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.
(C) 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.
(D) In addition to the remedy prescribed in division (A) above, the person found to have committed the violation shall be personally responsible for the amount of all civil fines assessed for the violation and for all charges, fees, attorneys fees and abatement costs 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. 14-2019, passed 11-5-2019)
The city shall obtain and maintain priority over previously filed liens in accordance with the following provisions:
(A) Individuals and entities, including, but not limited to, lien holders, may register with the city to receive electronic notification of final orders;
(B) To receive the notification, the registrant shall submit the following information to the City Clerk:
(1) Name;
(2) Mailing address;
(3) Phone number; and
(4) Electronic mailing address.
(C) A registrant may use the form provided on the city website to submit the information required in 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) Once per month, the city shall send electronic mail notification of all final orders 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;
(4) A specific description of the citation leading to the final order, including the citation detail set forth in KRS 65.8825(4)(a) to (4)(j), which maybe satisfied by including a copy of the full citation;
(5) The findings of the final order, including the penalty or penalties imposed by the final order, which maybe satisfied by providing a copy of the full final order; and
(6) The status of the final order in regards to its ability to be appealed.
(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) Within ten days of the issuance of a final order pursuant to this chapter, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by division (D) above 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. 14-2019, passed 11-5-2019)
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