(A) There is hereby created the Vacant Property Review Commission which shall consist of three members to be appointed by the Mayor with the approval of the City Council. The members shall serve three year terms and the terms shall be staggered in order that no more than one term shall expire each year. The initial appointments shall be for one year, two years, and three years. Thereafter each member shall serve for three years. Should any member resign or otherwise be removed from the Commission, a replacement member shall be appointed by the Mayor with the approval of the City Council for the remainder of the existing term. Membership of the Commission shall not consist of any officer or employee of the city whose duties include enforcement of housing, building, plumbing, fire, or related codes. All members must reside within the corporate limits of the city. It shall be the collective duty of the Commission to investigate properties and if so determined make a written report of blight and/or deterioration to the Owingsville City Council. The Commission may review said properties upon its own initiative or upon referral. The Commission's further duties shall be any other duty or responsibility as contemplated by KRS 99.700 through KRS 99.730.
(B) The Vacant Property Review Commission may only certify to the City Council property as blighted and/or deteriorated after the Commission has determined:
(1) That the owner of the property or designated agent has been sent an order by the appropriate city agency to eliminate the conditions which are in violation of local codes or laws;
(2) That the property is vacant;
(3) That the property is blighted and deteriorated;
(4) That the Commission has notified the property owned or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of such condition has expired and the property owner or agent has failed to comply with the notice; and
(5) That the Planning and Zoning Commission has determined that the reuse of the property for residential and related use is in keeping with the city comprehensive plan.
(C) The Commission 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 the blight shall render the property subject to condemnation by the city under KRS 99.705 to 99.730. Notice shall be mailed to the owner or designated agent by certified mail, return receipt requested. However, if the address of the owner or a designated agent is unknown and cannot be ascertained by the Commission in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected. The written notice sent to the owner or his agent shall describe the conditions that render the property blighted and deteriorated, and shall demand abatement of the conditions within 90 days of the receipt of such notice.
(D) An extension of the 90 day time period may be granted by the Commission if the owner or designated agent demonstrates that such period is insufficient to correct the conditions cited in the notice.
(E) The City Council may institute imminent domain proceedings pursuant to KRS Chapter 416 against the property which has been certified as blighted or deteriorated by the Commission if it finds:
(1) That such property has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety and welfare;
(2) That such property is likely to continue to deteriorate unless corrected;
(3) That the continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and
(4) That the owner of such property has failed to correct the deterioration of the property.
(F) The city may acquire by imminent domain pursuant to KRS Chapter 416, any property determined to be blighted or deteriorated in accordance with this chapter and KRS 99.705 to 99.730 and shall have the power to hold, clear, manage or dispose of such property so acquired for residential and related use, pursuant to the provision of KRS 99.705 to 99.730.
(G) This chapter shall be construed in accordance and consistent with KRS 99.700 to KRS 99.730.
(Ord. 1-2005, passed 3-14-05)