(A) If the code enforcement officer, police or any other person finds that a public nuisance exists, the city shall attempt to have the responsible person abate the nuisance. The city may pursue any remedy or combination of remedies available pursuant to this section, state law or common law in order to abate the nuisance. Nothing in this section shall be interpreted to prohibit the city from criminally prosecuting the person responsible for violating the nuisance ordinance. Nothing in this section shall be interpreted to prevent the city from enforcing applicable city ordinances or building codes without first treating the offending conduct, situation or activity as a nuisance.
(B) Unless an emergency condition exists, the city shall make a reasonable attempt to secure voluntary correction or abatement of the nuisance by giving written notice to the last known address of the owner of the property as it appears on the current tax assessment rolls. If a nuisance is occurring which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given as soon as reasonably possible after the abatement.
(C) If property owner fails to remedy the public nuisance within seven (7) days or if an emergency condition exists, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The costs of any materials and labor at the rate of $100.00 per man hour incurred in remedying the situation shall be billed to the responsible person and shall become due and payable to the city within ten days.
(D) The city may grant an extension of the time limit for correcting or abating the nuisance if the responsible person has shown due diligence and/or substantial progress in correcting or abating the nuisance but unforeseen circumstances render abatement within the time limits set forth herein unattainable.
(E) The city 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.
(F) The city shall have a lien against the property for the labor and materials used in remedying the public nuisance. The affidavit of the responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 65.8840 and 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 at the rate of 12% per annum until paid. The amount of the lien shall be added in with the amount of the property owner’s city taxes. The lien created shall take precedence over all other subsequent liens, except state, county, school board, and city taxes, and may be enforced by judicial proceeding.
(G) In addition to the remedy prescribed in divisions (E) and (F) of this section or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, attorney fees, court costs, and other charges and the city may bring a civil action against the owner and shall have the same remedies as proscribed for the recovery of a debt owed.
(Ord. 06-16, passed 6-26-06; Am. Ord. 17-35, passed 11-27-17; Am. Ord. 19-19, passed 7-8-19)