(A) When a private road, street, thoroughfare, or parking area is open to the public for the public’s use in regard to business, commercial and/or industrial real estate, the owner of the real estate on which the road, street, thoroughfare, or parking lot shall maintain such road, street, thoroughfare, or parking lot in a good and safe condition for travel by the general public until such time as the road, street, thoroughfare, or parking lot becomes a city street, road, thoroughfare, or parking lot under provisions of KRS 82.40.
(B) The owner of any business, commercial and/or industrial real estate adjoining or abutting such road, street, thoroughfare, or parking lot, which is used by the general public to access the adjoining or abutting owners’ real estate for which a benefit is received by the abutting or adjacent real estate directly or individually, shall be jointly liable for maintaining that portion of said road, street or thoroughfare or parking lot abutting or adjoining the road, street, thoroughfare, or parking lot until taken over by the city, pursuant to KRS 82.400.
(C) In the event said road, street, thoroughfare, or parking lot is not safely maintained as determined by the City and/or on complaint from the public, the city, at its option, may take such action as necessary to cure any defect or condition and the real estate owner and/or abutting or adjacent owner of real estate shall be liable for the cost expended by the city in regard to curing the defect or condition which shall include any fee such as: cost of repairs, filing fee and/or other costs such as attorney’s fees, and a lien may be placed against the real estate for all the costs and fees with interest at the legal rate of eight percent (8%) per annum, pursuant to KRS 360.010, for which the city may file a notice of lien with the Bullitt County Clerk’s Office in regard thereto and the city shall have a cause of action to collect said costs and fees accordingly.
(D) The city shall first send written notice to the owner and/or to the abutting or adjacent owner, at the last known address, advising of this section and give the owner(s) ten (10) days to contact the city to make arrangements to correct the defect or condition. If the city is not contacted within the ten (10) day time period, then the city, at its option, may proceed to correct the condition.
(Ord. 17-27, passed 8-28-17)