(A) All releases or threatened releases of any hazardous material, including a release or threatened release of a hazardous material involved in transportation or transit or a release or hazard in the county. For the purpose of securing all recoverable costs incurred in executing a response to any hazardous material release or threatened release by the county and any agent of the county, including the Bluegrass Emergency Response Team, mutual aid providers and any other dispatched local public safety or emergency services agencies in the county and its cities, the County Fiscal Court shall have, and there is hereby created, a lien against the real or personal property in the county possessed by the owner/operator, handler or any other responsible party or person. The affidavit of the County Judge/Executive shall constitute prima facie evidence of the amount of the lien and it 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 thereafter at the rate of 12% until paid. The lien created shall take priority over all other subsequent liens, except those asserted by any city or other taxing district, which has priority under KRS 134.420, and may be enforced by judicial proceeding. The owner of property upon which a lien has been attached under this subchapter shall also be personally liable for the amount of the lien, including all interest, civil penalties and other charges, and the county shall have the same remedies as provided for the recovery of a debt owed.
(B) The lien shall be enforced upon the filing of an action in the county circuit court naming all persons with a security or other interest in the real or personal property to which the lien is attached.
(C) As to any moveable personal property or mobile carrier located in the county, including but not limited to any titled motor vehicle, trailers attached thereto; vessels, cargo tanks, locomotive engines, rail tank cars, rolling stock and other equipment used to store or transport a hazardous material, the County Fiscal Court may effectuate or order the seizure or impoundment of the property pending enforcement of the lien by the county circuit court. In addition, the County Sheriff's Office may order impoundment to preserve the property as evidence.
(Ord. passed 9-30-2003)