(A) The Program Administrator and the Office of Management and Budget shall review applications to determine whether or not the applicant qualifies for the EPAD program. If both the Program Administrator and the Office of Management and Budget approve the application, the Program Administrator will submit the proposed Program Financing Agreement to the County Attorney’s Office for review and approval of the form and content of the Program Financing Agreement. Once approved, the Office of Advanced Planning and Sustainability will enter into the Program Financing Agreement with the property owner accepting the energy project pursuant to terms and conditions as established by Louisville Metro Government, which may include a surety bond or other guarantee if deemed appropriate by Louisville Metro Government. The Program Financing Agreement shall set forth the total amount of the assessment, the term of the assessment, the interest rate established for the assessment, and the annual amount of the assessment. The Program Financing Agreement may also designate the qualified contractor that will construct and install the energy project.
(B) Once the application is approved and a Program Financing Agreement is executed, the Office of Advanced Planning and Sustainability, in coordination with the Program Administrator, shall impose an assessment upon the property and file a written notice of the assessment in the real property records of the Jefferson County Clerk’s Office indicating the amount of the assessment, the legal description of the real property, the name of each owner of record of the real property, and a reference to the statutory assessment lien provided by KRS 65.205 - 65.209.
(C) Upon recording of the written notice of the assessment, and unless a third-party has been hired to bill and collect assessments, the Sheriff shall collect the assessments annually, including any applicable administration fee and commission amount and is authorized to prepare and issue a bill for the annual assessment payment amount, plus the applicable administration fee and commission amount, for the relevant property. If a third-party has been hired to bill and collect assessments, such servicer shall collect the assessments annually, including any servicing fee agreed upon in the agreement between such servicer and the Office of Advanced Planning and Sustainability, and shall be authorized to prepare and issue a bill for the annual assessment payment amount plus any such fee for the relevant property. Any unpaid assessment shall bear interest at the rate of 1% per month on the total amount due. The annual assessment payment amount will be due within 60 days of the billing date. A 5% penalty will be added to the total amount due after the 60 day period. The penalty will increase to 10% of the total amount due the following month if not paid. If unpaid after four months from the billing date the unpaid bills will be transferred from the Sheriff to the Jefferson County Attorney’s Office for collection. The Jefferson County Attorney’s Office shall receive a fee of 20% of the unpaid annual assessment amount for their collection duties.
(D) The assessment, including administration fees, commission amounts and collection fees, together with any interest and penalties, shall constitute a first and prior lien against the real property on which the assessment is imposed from the date on which the notice of assessment is recorded pursuant to this section until paid. This lien shall have the same priority status as a lien for any other state or local ad valorem tax upon the property. The Jefferson County Attorney’s Office is authorized to pursue collection actions for unpaid assessments in the same manner as unpaid property taxes.
(E) Neither Louisville Metro Government, the Sheriff or the Jefferson County Attorney’s Office nor their officers, officials or officers shall have any liability to any persons or entities for uncollected EPAD assessments and unpaid EPAD debt.
(Lou. Metro Ord. No. 57-2016, approved 4-29-2016; Lou. Metro Am. Ord. No. 29-2021, approved 3-4-2021)