(A) Except as provided in division (B) below, it shall be unlawful for the owner, occupant or person having control or management of any premises within a local government to permit a public nuisance, health hazard or source of filth to develop thereon through the accumulation of:
(1) Junked or wrecked automobiles, vehicles, machines or other similar scrap or salvage materials, excluding inoperative farm equipment;
(2) One or more mobile or manufactured homes as defined in KRS 227.550 that are junked, wrecked or inoperative and which are not inhabited;
(3) Rubbish; or
(4) The excessive growth of weeds or grass.
(B) The provisions of division (A)(1) above shall not apply to:
(1) Junked, wrecked or inoperative automobiles, vehicles, machines or other similar scrap or salvage materials located on the business premises of a:
(a) Licensed automotive recycling dealer, as described in KRS 190.010(8);
(b) Used motor vehicle dealer, as defined in KRS 190.010(6); or
(c) Motor vehicle auction dealer, as defined in KRS 190.010(11).
(2) Junked, wrecked or inoperative motor vehicles, including parts cars, stored on private premises by automobile collectors, whether as a hobby or a profession, if these motor vehicles and parts cars are stored out of ordinary public view by means of suitable fencing, trees, shrubbery or other means; and
(3) Any motor vehicle as defined in KRS 281.010 that is owned, controlled, operated, managed or leased by a motor carrier.
(C) An owner shall not permit any structure upon his or her premises to become unfit and unsafe for human habitation, occupancy or use or to permit conditions to exist on the structure or premises which are dangerous or injurious to the health or safety of the occupants of the structure, the occupants of neighboring structures or other residents of the local government.
(D) A local government may provide by ordinance for the abatement and decontamination of a property where a methamphetamine contamination notice has been posted as provided in KRS 224.1-410. Pursuant to divisions (G) and (H) below, notice and an opportunity to request a hearing shall be afforded to an owner prior to decontamination of the property. A lien for all fees, charges and costs incurred by the local government in the enforcement of an ordinance related to decontaminating a property where a methamphetamine contamination notice has been posted pursuant to KRS 224.1-410, shall be placed on the property pursuant to division (I) below. The costs of abatement and decontamination of a property where a methamphetamine contamination notice has been posted are recoverable throughout the county.
(E) The county may establish by ordinance reasonable standards and procedures for the enforcement of this section. The procedures shall comply with all applicable statutes, administrative regulations or codes. Any ordinance establishing these procedures may be enforced by any means authorized by law. Proper notice shall be given to owners before any action is taken pursuant to this section and, prior to the decontamination of a property where a methamphetamine contamination notice has been posted pursuant to KRS 224.1-410 or the demolition of any unfit or unsafe structure, the opportunity to request a hearing shall be afforded the owner.
(F) Unless imminent danger exists on the subject premises that necessitates immediate action, the local government shall send, within 14 days of a final determination after hearing or waiver of hearing by the owner, a copy of the determination to any lienholder of record of the subject premises by first-class mail with proof of mailing. The lienholder of record may, within 45 days from receipt of that notice, correct the violations cited or elect to pay all civil fines assessed for the violation and all charges and fees incurred by the local government in connection with the enforcement of the ordinance, including abatement costs, as permitted by division (G) below.
(G) The county shall have a lien against the property for all civil fines assessed for the violation and for all charges and fees incurred by the county in connection with the enforcement of the ordinance, including abatement costs. The 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 this section, 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. The lien created shall take precedence over all other liens, except state, school board and county taxes, except as provided in division (H) below. The county shall possess the lien for ten years following the date of the final, non-appealable order of a code enforcement board or final judgment of the court. The lien may be enforced by judicial proceeding.
(H) The lien provided in division (G) above shall not take precedence or priority over a previously recorded lien if:
(1) The county failed to provide the lienholder a copy of the determination in accordance with division (F) above; or
(2) The lienholder received a copy of the determination as required by division (F) above, and the lienholder corrected the violations or paid all civil fines assessed for the violation and all charges and fees incurred by the local government in connection with the enforcement of the ordinance, including abatement costs.
(I) In addition to the remedy prescribed in division (E) above or any other remedy authorized by law, the owner of a premises upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all civil fines assessed for the violation and all charges, fees and abatement costs incurred by the county in connection with the enforcement of the ordinance. The county may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed. The failure of the county to comply with division (F) above, and the failure of a lien to take precedence over previously filed liens as provided in division (H) above, shall not limit or restrict any remedies that the county has against the owner of the premises.
(J) The provisions of divisions (E), (G) and (I) above shall not apply to an owner, occupant or person having control or management of any land located in an unincorporated area if the owner, occupant or person is not the generator of the rubbish or is not dumping or knowingly allowing the dumping of the rubbish and has made reasonable efforts to prevent the dumping of rubbish by other persons onto the premises.
(K) The right to request a hearing pursuant to this section shall be limited to a period of 30 days after notice has been placed on the property and has been sent by certified mail return receipt requested.
(KRS 65.8840(3) - (14))
Penalty, see § 92.99