§ 33.22 APPORTIONMENT OF COST.

   The cost of any improvement shall be apportioned on a benefits received basis with respect to any property owned by the state, a local unit of government or any educational, religious or charitable organization. The City Council may assess such property in the same manner as for privately-owned property, or it may pay the costs so apportioned out of general revenues.

(KRS 91A.230) (Prior Code, § 33.12)

§ 33.23 COMPREHENSIVE REPORT REQUIRED.

   Before undertaking any improvements pursuant to this subchapter, the city shall prepare a comprehensive report setting out:

   (A)   The nature of the improvement;

   (B)   The scope and the extent of the improvement, including the boundaries or other description of the area to be assessed;

   (C)   The preliminary estimated cost of the improvement;

   (D)   The fair basis of assessment proposed;

   (E)   If financing of assessment is provided, the proposed method, including the proposed years to maturity of any bonds to be issued in connection with the improvements; and

   (F)   Such other information as may further explain material aspects of the improvement, assessments or financing.

(KRS 91A.240) (Prior Code, § 33.13)

§ 33.24 PUBLIC HEARING REQUIRED.

   (A)   After preparation of the report required by § 33.23 of this code, the city shall hold at least one public hearing on the proposed improvement at which all interested persons shall be heard.

   (B)   Notice of the hearing shall be published pursuant to KRS Chapter 424 and mailed to each affected property owner by certified mail, return receipt requested and shall include:

      (1)   The nature of the improvement;

      (2)   Description of area of the improvement;

      (3)   Statement that the city proposes to finance the improvement in whole or in part by special assessment of property and the method to be used;

      (4)   Time and place the report may be examined; and

      (5)   Time and place of the hearing.

(KRS 91A.250) (Prior Code, § 33.14)

§ 33.25 ADOPTION OF ORDINANCE; NOTICE TO AFFECTED OWNERS.

   Within 90 days of conclusion of the hearing, the city shall determine whether to proceed with the improvement by special assessments, and if it determines to proceed shall adopt an ordinance so stating and containing all necessary terms, including the items referred to in § 33.23 of this code and a description of all properties. Promptly upon passage, the city shall publish such ordinance pursuant to KRS Chapter 424 and shall mail by certified mail to each affected property owner a notice of determination to proceed with the project, the fair basis of assessment to be utilized, the estimated cost to the property owner and the ratio the cost to each property owner bears to the total cost of the entire project.

(KRS 91A.260) (Prior Code, § 33.15)

§ 33.26 AFFECTED OWNER MAY CONTEST.

   (A)   Within 30 days of the mailing of the notice provided for in § 33.25 of this code, any affected property owner may file an action in the circuit court of the county, contesting the undertaking of the project by special assessment, the inclusion of his or her property in the improvement or the amount of his or her assessment. If the action contests the undertaking of the improvement by the special assessment method of the inclusion of the property of that property owner, no further action on the improvement, insofar as it relates to any property owner who is a plaintiff, shall be taken until the final judgment has been entered.

   (B)   The city may proceed with the improvement with respect to any properties whose owners have not filed or joined in an action as provided in this section or who have contested only the amounts of their assessments, and the provisions of the resolution are final and binding with respect to such property owners except as to contested amounts of assessments. After the lapse of time as herein provided, all actions by owners of properties are forever barred.

(KRS 91A.270) (Prior Code, § 33.16)

§ 33.27 WHEN CITY MAY PROCEED; ASSESSMENT CONSTITUTES LIEN.

   (A)   After the passage of time for the action provided for in § 33.26 of this code, or after favorable final judgment in any such action, whichever comes later, the city may proceed with the improvement or part thereof stayed by the action, including notice requiring payment of special assessment or installment thereon and bonds or other method proposed to finance the improvement. The first installment may be apportioned so that other payments will coincide with payment of ad valorem taxes.

   (B)   The amount of any outstanding assessment or installments thereof on any property, and accrued interest and other charges, constitute a lien on the property to secure payment to the bondholders or any other source of financing of the improvement. The lien takes precedence over all other liens, whether created prior to or subsequent to the publication of the ordinance, except a lien for state and county taxes, general municipal taxes and prior improvement taxes, and is not defeated or postponed by any private or judicial sale, by any mortgage or by any error or mistake in the description of the property or in the names of the owners. No error in the proceedings of the City Council shall exempt any benefited property from the lien for the improvement assessment, from payment thereof or from the penalties or interest thereon, as herein provided.

(KRS 91A.280) (Prior Code, § 33.17)

§ 33.28 EFFECT OF ADDITIONAL PROPERTY OR CHANGE IN FINANCING.

   The city may undertake any further proceedings to carry out the improvement or any extension or refinancing thereof, except that §§ 33.23 through 33.27 of this code applies if additional property is included in the improvement or if change is made in the method or period of financing; but additional property may be included in the improvement with the consent of the owner thereof without compliance with other sections if it does not increase the cost apportioned to any other property, or another change may be made without such compliance if all property owners of the improvement consent.

(KRS 91A.290) (Prior Code, § 33.18)

§ 33.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Any person who violates any provision of § 33.04 of this code shall be fined not less than $50 nor more than $500. In addition, any officer who fails to comply with any of the provisions of § 33.04 of this code shall, for each failure, be subject to a forfeiture of not less than $50 nor more than $500, in the discretion of the court, which may be recovered only once, in a civil action brought by any resident of the city. The costs of all proceedings, including a reasonable fee for the attorney of the resident bringing the action, shall be assessed against the unsuccessful party.

(KRS 91A.041) (Prior Code, § 33.04)