(A) Action to abate and cost. In order to enforce the provisions of this chapter, when the Code Enforcement Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances, finds and determines that the severity of the violation warrants immediate action, he or she may clean up or abate violation thereof. The cost of such cleanup or abatement may be recovered by the city. The cleanup or abatement will not relieve the person of further action which may be taken by the City Commission.
(B) Costs of enforcement. In any civil action commenced by the city under this chapter, the city shall be entitled to recover from the defendant of such action, reasonable attorney’s fees, costs of suit, any other costs of enforcement, including but not limited to, inspection costs and cleanup or abatement costs.
(C) Enforcement procedures and notice.
(1) The city hereby establishes the standards and procedures for the enforcement of this chapter under KRS 65.8801 to 68.8840 as follows:
(a) Whenever such a situation is discovered, the Code Enforcement Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances shall give five-days’ written notice to any one or more or all: the owner, operator, agent, occupant or person having control or management of the property to remedy such situation.
(b) The notice shall be served upon the responsible as stated above, by mail, or by personal service. If by mail, it shall be addressed to the last known address of the owner of the property, as it appears on the current tax assessment roll. The failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings.
(c) If the city so chooses, the city may give notice to any lien-holder on the property of the violation, in accordance with KRS 65.8801 to 66.8840, advising them of the violation and the fact that the city intends to clean up the property and file a property lien. The city shall give the lien holders a hearing to contest the violation and if the violation is confirmed in the hearing, 14 days to clean up the violation, prior to placing the priority lien.
(D) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the Code Enforcement Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances, shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this chapter and KRS 65.8840, and shall be recorded in the office of the Jefferson County Clerk, with the priority according such liens under KRS 65.8840. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid at the rate of 1.5% per month, compounded monthly, an may be enforced by judicial proceedings.
(E) In addition to the civil remedy prescribed in the previous sections of this chapter, the city may bring a civil action against the owner and shall have the same remedies s provided for the recover of a debt owed.
(Ord. 11-05, passed - -2011; Ord. 06-11-20-A, passed 7-9-2020)