(A) In order to enforce the provisions of this subchapter, when the City Administrative Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances, finds and determine that the severity of the violation warrants immediate action, he/she may clean up or abate violation thereof. The cost of such cleanup or abatement may be recovered by the city in a civil action. Such emergency cleanup or abatement will not relieve the person of further action which may be taken by the City Commission or its duly authorized agents and representatives, including but not limited to, liability for any violations of this subchapter, or any other applicable provisions of state law and local ordinances.
(B) Costs of enforcement. In any civil action commenced by the city under this subchapter, the city shall be entitled to recover from the defendant of such action, reasonable attorney's fees, costs of suit, any other costs of enforcement, including but not limited to, inspection costs and cleanup or abatement costs.
(C) 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 Administrative Officer, or other person or employee as may be designated by the City Commission 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 chapter 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 City Administrative Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances, shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance and KRS 65.8840, and 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 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 ordinance 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. 09-06, passed 8-11-09)