(a) The urban county government shall possess a lien on property owned by the person found by a final order, or by a final judgment of the court, to have committed a violation of a local government ordinance for all civil fines assessed for the violation and for all charges and fees incurred by the government in connection with the enforcement of the ordinance including abatement costs. An affidavit of the code enforcement officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to KRS 65.8839. 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 take precedence over all other liens, except state, county, school board, and city taxes unless otherwise provided by law, and may be enforced by judicial proceedings.
(b) In addition to the remedy prescribed in subsection (a) of this section, the person found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines associated for the violation and for all charges, fees, and abatement costs incurred by the local government in connection with the enforcement of the ordinance. The urban county government may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(c) Pursuant to state law, nothing in this section shall otherwise affect the rights or obligation between the owner of the property and those persons who claim a security interest in the property.
(d) The mayor is authorized and directed to execute a release of the lien:
(1) Upon payment in full of all civil fines, charges and fees evidenced by the lien, together with applicable interest;
(2) Upon conclusion of court proceedings resulting in the sale of the property regardless of whether any part of the liens, charges and fees were paid from the proceeds of the sale; or
(3) Upon a determination made in conjunction with the commissioner of law and the appropriate commissioner or director that the cost of collection of the lien would be greater than the lien itself, or when intervening in existing litigation is not cost effective, or when the lien would not be enforceable as a matter of law.
(e) The commissioner of law is hereby authorized to make the determination that liens shall not be filed if the cost of collection of the lien would be greater than the lien itself, or when intervening in existing litigation is not cost effective, or when the lien would not be enforceable as a matter of law.
(f) The commissioner of law is hereby authorized to institute proceedings, in the name of the urban county government, in any court having jurisdiction over such matter, to enforce any liability or lien arising under a civil enforcement action taken pursuant to this chapter of the Code.
(g) The urban county government shall implement a system for notification to lienholders that meets the minimum requirements of KRS 65.8836 and that permits remedial action by lienholders as required by the statute. The personnel responsible for administering this section shall be as directed by the chief administrative officer.
Editor's note(s)—Former § 2B-8. See editor's note at § 2B-2.