(A) Creation of lien. The County Fiscal Court shall have a lien against the property upon which the nuisance exists for its abatement costs incurred in abating, correcting or remedying any violation of this chapter. The affidavit of the County Judge/Executive, or Solid Waste Enforcement Officer, shall constitute prima facie evidence of the amount of the lien and the regularity of the proceeding pursuant to this chapter, and 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 until paid at the legal rate of 12% per annum. The lien created shall take precedence over all other subsequent liens, except ad valorem taxes due the commonwealth, the county and other taxing district or municipalities, and may be enforced by the filing of an action to enforce such lien in the County Circuit Court.
(B) Perfection of lien. The lien hereby created shall be evidenced by a notice of lien filed in the County Clerk’s office, which notice shall include the affidavit of the County Judge/Executive describing the subject property and the amount of the Fiscal Court’s cost of abatement as provided herein. The Fiscal Court shall invoice the property owner or occupant of such premises at least once following abatement and no notice of lien claims shall be filed against the property until 30 days have elapsed since such post-abatement invoice is sent. A copy of the notice of lien claimed shall be mailed to the owner of the premises at his or her last known address, and posted on the property. The failure to mail the owner a copy of such notice or failure to post same, or failure of the owner to receive such notice shall not affect the right to foreclose the lien for such charges as provided herein above.
(C) Personal liability for lien. In addition to the lien remedy prescribed herein or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties and other charges. The Fiscal Court may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt.
(D) Property to be sold. Any action to enforce the lien herein shall be filed in the County Circuit Court by the Fiscal Court and shall name as defendants all owners or other persons holding a recorded interest in the subject property. Property subject to a lien for unpaid abatement charges herewith may be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the abatement charges after deducting costs as is the case in the foreclosure of statutory liens.
(E) Release of lien. The County Attorney or his or her assistant is hereby authorized and directed to execute a release of the lien provided for herein upon payment in full of the abatement charges evidenced by the lien. The release shall be filed in the office of the County Clerk.
(Ord. passed 8-23-2011)