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As provided in KRS 65.207(4) and 65.206(c), assessments imposed upon real property under the EPAD Program shall be collected and distributed by the County Sheriff, or a third party servicer, as designated by the property owner and the Program Administrator, to the County in the same manner as other property taxes and as further provided in the Interlocal Agreement (as defined below). Unpaid assessments shall bear the same penalty as general state and local ad valorem taxes. The assessments, together with any interest and penalties, shall constitute a first and prior lien against the real property on which they are imposed from the date on which the notice of assessment is recorded pursuant to the EPAD Act until paid. The lien of the assessments shall have the same priority status as a lien for any other state or local ad valorem tax upon the property.
(Ord. 6.25.21, passed 6-25-2021)
As authorized under KRS 65.206(2)(c)(2), the County may impose a fee on participating property owners to offset the costs of administering the program in an amount which may be determined from time to time by the County, provided that any fee so imposed shall not exceed the cost of services performed. The cost of services performed shall include any fees or expenses to or of the Program Administrator. Any fees so imposed may be paid by property owners or any other persons at the closing of the financing of the costs of the related Energy Project, may be included within the financed costs of the Energy Project, may be added as an additional portion of each installment of the assessments, or any combination of the above.
(Ord. 6.25.21, passed 6-25-2021)
In order to provide for the efficient collection, distribution, and enforcement of the assessments imposed under the EPAD Program, and as authorized under KRS 65.206(2)(d) and the Interlocal Cooperation Act (KRS 65.210 to 65.300), the Interlocal Agreement attached to Ordinance 6.25.21 as Exhibit A is approved in substantially the form attached to Ordinance 6.25.21, with such changes as may be approved by the County Judge/Executive and the County Attorney and as are not materially adverse to the County Fiscal Court or inconsistent with the terms and conditions of the EPAD Program set forth in this chapter. That such changes are approved and are not materially adverse to the County Fiscal Court or inconsistent with the terms and conditions of the EPAD Program set forth in this chapter shall be conclusively evidenced by the County Judge/Executive's execution of the Interlocal Agreement. The County Judge/Executive is authorized to execute and deliver, in the name and on behalf of the County Fiscal Court, the Interlocal Agreement, and the County Fiscal Court is authorized to perform the provisions of the Interlocal Agreement. The County Judge/Executive is further authorized to execute and deliver, and the County Fiscal Court is further authorized to perform any amendments or modifications to the Interlocal Agreement and any other agreements, instruments, or certificates as may, in the County Judge/Executive's discretion, be necessary and appropriate in connection with the Interlocal Agreement.
(Ord. 6.25.21, passed 6-25-2021)
The terms and conditions of the EPAD Program set forth in this chapter may be amended by an ordinance adopted by the County Fiscal Court, except that, as provided in KRS 65.206(2)(b), no amendment shall be adopted to retroactively change the conditions under which an existing assessment was imposed, unless all of the owners of record (acting as described in § 54.07(H)) of the affected real property consent to the amendment in writing.
(Ord. 6.25.21, passed 6-25-2021)