(A) It shall be the duty of the Director of Sanitation, Code Enforcement Officer, City Attorney, the Code Enforcement-Nuisance Board, or other responsible officer designated by the legislative body to serve or cause to be served a notice, or citation, upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this chapter and to demand the abatement of the nuisance within a reasonable time unless the nuisance constitutes an immediate danger to the health and well being of the community, or if such delay in abatement would otherwise cause undue harm to the community or increased expense to the city. If such danger, or the possibility undue harm or expense, is present, the nuisance shall be abated within seventy-two (72) hours of notice or, if warranted, the city may take immediate action as authorized by KRS 65.8838. Notice shall be served upon persons by certified mail, or by any other means as is authorized by KRS 65.8825(2), as amended. the Code Enforcement Officer is further authorized to post a “notice to abate” sign, of such size and design as may be approved by the City clerk, on the property where any nuisance is found to exist and a citation has been issued relative thereto.
(B) If the person so served does not abate the nuisance within the time frame prescribed by the city and set forth in the notice of violation or citation, the city may proceed to abate the nuisance, keeping an account of the expense of the abatement, and the expense shall be charged and paid by the owner or occupant.
(C) The city shall possess a lien on property for all fines, penalties, charges, abatement costs and fees imposed pursuant to KRS 82.700 to 82.725 and this chapter. The lien shall be superior and have priority over all other liens on the property, except state, county, school board, and city taxes. The lien shall be recorded in the office of the County Clerk and shall be notice to all persons from the time of its recording and shall bear interest until paid. The lien statement shall contain a legal description of the premises, the expenses and costs incurred, the date the nuisance was abated, and a notice that the city claims a lien for this amount. Notice of the lien claim shall be mailed to the owner of the premises if his address is known. However, failure to record the lien claim or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges as provided in division (D) below.
(D) Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. This foreclosure shall be in equity in the name of the city.
(E) The City Attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over the matter, against any property for which the bill has remained unpaid sixty (60) days after it has been rendered.
(Am. Ord. 2008-07, passed 6-23-08; Am. Ord. 2012-08, passed 5-21-12; Am. Ord. 2015-001, passed 2-9-15)