(A) The following complaint procedure shall be followed.
(1) Whenever a petition is filed with the Enforcement Official by a public authority or by at least three residents of the city charging that any structure is unfit for human habitation, occupancy or use, or whenever it appears to the Enforcement Official that any structure is unfit for human habitation, occupancy or use, the Enforcement Official shall, if his or her preliminary investigation discloses a basis for those allegations, issue and cause to be served upon the owner of and parties in interest in that structure a complaint stating the allegations in that request.
(2) The complaint shall state that a hearing will be held before a committee of City Council at a place fixed in the complaint not less than ten days nor more than 30 days after the serving of the complaint; that the owner and parties in interest may file an answer to the complaint and appear in person, or otherwise, and give testimony at the time and place stated in the complaint; and that the Kentucky Rules of Procedure shall not be controlling to the hearing.
(B) If, after the notice and hearing, the City Council determines that the structure under consideration is unfit for human habitation, occupancy or use, according to the standards herein adopted, it shall state in writing these findings of fact in support of the determination and shall cause to be issued and served upon the owner thereof by the Enforcement Official an order requiring the owner, within the time specified, to repair, alter or improve the structure to render it fit for human habitation, occupancy, or use, or, to vacate, demolish and remove and/or close the structure.
(1) If the owner fails to comply with an order to repair, alter or improve the structure to render it fit for human habitation, occupancy or use, or to vacate, demolish and remove the structure and/or close the structure, the Enforcement Official may cause the structure to be repaired, altered, or improved, or to be vacated, demolished, removed and/or closed. The Enforcement Official may cause to be posted on the main entrance of any structure so closed, a placard with the following words: “This building is unfit for human habitation, occupancy, or use; the use or occupation of this building for human habitation, occupancy or use, is prohibited and unlawful.”
(2) If the owner fails to comply with an order to remove or demolish the structure the Enforcement Official may cause that structure to be removed or demolished.
(3) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition shall be a lien upon the real property upon which cost was incurred. If the structure is removed or demolished by the Enforcement Official, he or she shall sell the materials of the structure and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the Circuit Court by the Enforcement Official, shall be secured in a manner as may be directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
(4) When the Enforcement Official has condemned as unfit for human habitation, occupancy or use, any structure in accordance with this chapter and has ordered same to be vacated, he or she may, upon ten days’ notice to the occupants, apply to the appropriate district court for an order of eviction directing the Sheriff to remove the occupants and their belongings from the structure.
(5) Complaints or orders issued by the Enforcement Official pursuant to this chapter shall be served upon persons either personally or by certified mail; however, if the whereabouts of the person is unknown and cannot be ascertained in the exercise of reasonable diligence, or the person is so conducting himself or herself as to avoid service personally or by certified mail, and the Enforcement Official makes an affidavit to that effect, service of the complaint or order shall be by newspaper publication for three successive weeks pursuant to KRS Chapter 424. A copy of the complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order, and shall be recorded in the office of the County Clerk wherein the structure is located.
(C) Any person affected by an order issued by the Enforcement Official as a result of the hearing held before City Council, as described in division (B) of this section, may, within 30 days after the posting and service of the order, petition the circuit court for an injunction restraining the Enforcement Official pending the final disposition of the cause. Hearings shall be held by the court on that petition within 20 days, or as soon thereafter as possible. In all proceedings the findings of the Enforcement Official as to facts, if supported by evidence, shall be conclusive.
(Ord. 19-2014, passed 11-3-2014)