Section
152.01 Declarations
152.02 Definitions
152.03 Vacant Property Review Board
152.04 Procedures
152.05 Eminent domain proceedings
152.06 Use of the property by the city
152.07 Abandoned urban properties classified as real property
152.08 Rate of taxation for abandoned urban properties
152.09 Classification of property as abandoned urban property; right to appeal
It is hereby declared:
(A) It is the policy of the city to protect and promote the health, safety, and welfare of the residents of the city by eliminating the blight and deterioration of neighborhoods through the elimination of blighted and deteriorated properties within these neighborhoods.
(B) The elimination of such blight and deterioration and the preparation of such properties for sale or lease, for development, or for redevelopment constitute a public use and purpose for which public money may be expended and private property acquired and these are governmental functions in the interest of the health, safety, and welfare of the residents of the city.
(C) The necessity in the public interest for the provisions enacted herein is hereby declared to be a legislative determination.
(Ord. 2012-006, passed 8-20-2012; Am. Ord. 2019-015, passed 1-6-2020)
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLIGHTED OR DETERIORATED REAL PROPERTY. A vacant structure or vacant or unimproved lot or parcel of ground in a predominantly built-up neighborhood which:
(1) Because of physical condition or use of the property is regarded as a public nuisance at common law;
(2) Is considered an attractive nuisance to children by reason of structures and appurtenances therein or thereon, including but not limited to abandoned wells, shafts, swimming pools, basements, excavations, or the unsafe condition of any structures, features or fences thereon;
(3) Is dilapidated, unsanitary, unsafe, vermin infested, or is lacking in the facilities and equipment required by the city's housing or maintenance codes, or has been designated by the Building Inspector as being unfit for human habitation;
(4) Is a fire hazard, or is otherwise dangerous to the safety of persons or property;
(5) Has had the utilities, plumbing, heating, sewerage, or other facilities disconnected therefrom, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;
(6) Has by reason of neglect or lack of maintenance become a place for the accumulation of trash and debris, or a haven for rodents or other vermin;
(7) Has not been rehabilitated and brought into compliance with the housing, building, plumbing, electrical, fire or nuisance code of the local government where located within the time constraints placed upon the owner by the appropriate permitting or code enforcement agency;
(8) Has been tax delinquent for a period of at least 3 years; or
(9) Has not been rehabilitated within the time constraints provided the owner by the Code Enforcement Board.
CODE ENFORCEMENT BOARD. An administrative body created and acting under the authority of the Local Government Code Enforcement Board Act, KRS 65.8801 to 65.8839 and Chapter 153.
CODE ENFORCEMENT OFFICER. A city police officer, safety officer, citation officer, or other public law or code enforcement officer having or granted the authority to issue a citation or as referenced herein.
REDEVELOPMENT. The planning or replanning, design or redesign, acquisition, clearance, development, or disposal of a property in the preparation of such property for residential and related uses, as may be appropriate or necessary
RESIDENTIAL AND RELATED USE. Residential property for sale or rental and related uses, including but not limited to, park and recreation areas, neighborhood community service, and neighborhood parking lots.
(Ord. 2012-006, passed 8-20-2012; Am. Ord. 2019-015, passed 1-6-2020; Am. Ord. 2024-002, passed 4-22-2024)
(A) There is hereby established and created a Vacant Property Review Board (“the Board”) for the city. Consistent with KRS 99.170(5), the duties of the Vacant Property Review Board described in this chapter are assigned to the Code Enforcement Board established by KRS 65.8801 to 65.8839 and Chapter 153.
(B) The Board shall be charged with the duty of determining whether a property within city limits is blighted or deteriorated in accordance with the definition of those terms as hereinabove set forth and of carrying out the substantive and procedural directives associated with that determination as herein set forth.
(C) The Board shall conduct its business at meetings scheduled and held in conformity with the requirements of the Kentucky Open Meetings Act. The Board shall establish a regular meeting schedule which shall not be less than quarterly. When and as necessary, additional meetings outside of the schedule established by the Board shall be called by the Mayor to consider properties alleged by the Building Inspector or Code Enforcement Officer to be blighted or deteriorated within the meaning of this chapter.
(Ord. 2012-006, passed 8-20-2012; Am. Ord. 2024-002, passed 4-22-2024)
(A) When the Versailles-Midway-Woodford County Planning Commission Building and Zoning Inspector or a Code Enforcement Officer considers any property within the city to be blighted or deteriorated, the Inspector or officer shall give to the owner of the property a notice and order setting forth the conditions of the property which are in violation of local codes or law and a time period by which to correct and abate such conditions. Such notice and order shall further state that the property is deemed to be blighted or deteriorated within the meaning of this chapter and that the failure to make correction and abatement within the time period set forth will result in the referral of the matter to the Code Enforcement Board for further proceedings in conformity with this chapter.
(B) If the conditions set forth in the Inspector's or Code Enforcement Officer's notice and order are not in full corrected and abated within the time period therein set forth, the Inspector or Officer shall:
(1) Contact the Planning Director of the Planning and Zoning Commission for determination of whether the reuse of the property for residential or related uses is in keeping with the city's comprehensive plan and zoning ordinances; and
(2) If the Planning Director determines that the reuse of the property for residential and related uses is in keeping with the city's comprehensive plan and zoning ordinances, the Building Inspector or Code Enforcement Officer shall notify and refer the matter to the Code Enforcement Board for enforcement proceedings in compliance with §§ 153.01 et seq. under the authority granted by KRS 65.8801, as amended, of the Local Government Code Enforcement Board Act.
(C) If after consideration of the evidence presented before it at such meeting the Board shall, by a preponderance of the evidence, find that the property is vacant and blighted or deteriorated within the meaning of this chapter, the Board shall notify the owner of the property or a designated agent that a determination of blight or deterioration has been made and that failure to eliminate the conditions causing same shall render the property subject to condemnation by the city. Such notice shall describe the conditions that render the property blighted or deteriorated and shall demand correction and abatement of the conditions within 90 days of the receipt of such notice. An extension of the 90-day period may be granted by the Board if it is demonstrated to the satisfaction of the Board that such period is insufficient to correct the conditions cited in the notice.
(D) (1) If the correction and abatement in full shall not have been effected within such period of time as the Board shall have determined as above set forth, the Board shall certify to the City Council that the property is blighted or deteriorated. Such certification shall further set forth the Board’s determination that:
(a) The owner of the property or designated agent has been sent a notice and order by the Building Inspector or Code Enforcement Officer to eliminate the conditions which are in violation of local codes or law within a time certain; that such notice and order further set forth that the property is deemed to be blighted or deteriorated within the meaning of this chapter, and that the failure to make correction and abatement would result in the matter being referred to the Vacant Property Review Board for further proceedings in conformity with this chapter;
(b) The conditions set forth in the notice and order were not corrected and abated within the time period therein set forth;
(c) The property is vacant;
(d) The Board has notified the property owner or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of that condition granted by the Board has expired and the property owner or agent has failed to comply with the notice; and
(e) The Planning Director has determined that the reuse of the property for residential and related use is in keeping with the city’s comprehensive plan and zoning ordinances.
(2) The certification and findings required by this section shall be in writing signed by the chairperson of the Board and included in the Board’s report to the City Council.
(E) Notice which may be, or is required to be, given under the terms of this chapter shall be in writing and sent via first class mail, sufficient postage prepaid, and certified, return receipt requested, and a copy of any such notice shall further be posted in a conspicuous place on the property affected. Unless the owner of the property in question shall have notified the Building Inspector or Code Enforcement Officer otherwise, the identity of the owner and the owner’s mailing address shall be conclusively presumed to be as appear as such in the records maintained in the office of the County Property Valuation Administrator. Notice given in accordance with the foregoing shall be deemed effective on the date of receipt; provided, however, that same shall conclusively be deemed to have been received not later than the fifth business day following the date when same was delivered to the post office.
(Ord. 2012-006, passed 8-20-2012; Am. Ord. 2019-015, passed 1-6-2020; Am. Ord. 2024-002, passed 4-22-2024)
(A) The City Council may institute eminent domain proceedings in accordance with the provisions of KRS Chapter 416 against any property, and may through such proceedings acquire any property which has been certified as blighted or deteriorated by the Board if it finds:
(1) That the property has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety, and welfare;
(2) That the property is likely to continue to deteriorate unless corrected;
(3) That the continued deterioration of the property may contribute to the blighting or deterioration of the area immediately surrounding the property; and
(4) That the owner of the property has failed to correct the deterioration of the property.
(B) The findings required as above set forth shall be included in any order of the Council authorizing the institution of eminent domain proceedings.
(Ord. 2012-006, passed 8-20-2012)
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