(A) The city shall possess a lien on property owned by the person found by a final, non-appealable final order as defined by KRS 65.8805(8), or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to 65.8839. The lien:
(1) Shall be recorded in the office of the County Clerk;
(2) Shall be notice to all persons from the time of its recording and shall bear interest until paid;
(3) Subject to KRS 65.8836, shall take precedence over all other liens, except state, county, school board, and city taxes;
(4) Shall continue for ten (10) years following the date of the nonappealable final order or final judgment of the court; and
(5) May be enforced by judicial proceedings, including an action to foreclose.
(B) A copy of the notice of the lien shall be mailed to the owner of the premises. However, the failure to mail the owner a copy of the notice or the failure of the owner to receive the notice shall not affect the right of the city to enforce its lien for the charges as provided by law.
(C) In addition to the remedy prescribed above, the person found to have committed the violation shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the applicable code of ordinances.
(D) The City Attorney is authorized to bring a civil action for the collection of delinquent liens and other costs incurred by the city. The city shall have the same remedies as provided for the recovery of a debt. The City Attorney is granted authority to use his or her best judgment and discretion to settle any fine, remedy assessments, and to release liens as he or she deems to be in the best interests of the city. The City Attorney is further authorized to make a determination that a lien not be filed if the cost of the lien and collection is greater than the amount of the lien, when intervening in existing litigation is not cost effective, or when the lien would not be enforceable as a matter of law. The City Attorney is also authorized to release any existing liens that meet the above criteria.
(E) Lienholder notification system. Pursuant to KRS 65.8835 and 65.8836, the city shall obtain and maintain priority over previously filed liens in accordance with the following provisions:
(1) Individuals and entities, including, but not limited to, lienholders, may register with the city to receive electronic notification of final orders entered pursuant to this article.
(2) In order to receive the notification, the registrant shall submit the following information to the City Clerk:
(a) Name;
(b) Mailing address;
(c) Phone number; and
(d) Electronic mailing address.
(3) A registrant may use the electronic form provided on the city website to submit the information required by subsection (E)(2) of this section. It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The city shall inform a registrant of any evidence received that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
(4) At least once per month and not more than once per week, the city shall send electronic mail notification of all final orders entered pursuant to this article since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to the city code enforcement database located on the city website. The database shall include the following information regarding each final order:
(a) The name of the person charged with a violation;
(b) The physical address of the premises where the violation occurred;
(c) The last known mailing address for the owner of the premises where the violation occurred;
(d) A copy of the full citation;
(e) A copy of the full final order; and
(f) The status of the final order regarding its ability to be appealed pursuant to this article.
(5) If an appeal is filed on a final order pursuant to this article, the city shall send electronic mail notification to all registrants.
(6) Within ten (10) days of the issuance of a final order pursuant to this article, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by subsection (E)(4) of this section containing an updated link to the code enforcement database on the city website.
(7) The city shall maintain the records created under this section for ten (10) years following their issuance.
(F) Lien priority.
(a) Correct the violation, if it has not already been abated; or
(b) Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement of the ordinance, including abatement costs.
(2) Nothing in this section shall prohibit the city from taking immediate action if necessary.
(3) The lien provided by this article shall not take precedence over previously recorded liens if:
(a) The city failed to comply with the requirements of § 22.612(E) for notification of the final order; or
(b) A prior lienholder complied with subsection (F)(1) of this section.
(4) A lien that does not take precedence over previously recorded liens under subsection (F)(3) of this section shall, if the final order remains partially unsatisfied, continue to take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
(5) The city may record a lien before the forty-five (45) day period established in subsection (F)(1) of this section expires. If the lien is fully satisfied prior to the expiration of the forty-five (45) day period, the city shall release the lien in the County Clerk’s office where the lien is recorded within fifteen (15) days of satisfaction.
(Ord. 2023-3, passed 5-9-23)