(A) Upon failure of the owner of the property to comply with any notice required by this chapter, the authorized city official is authorized to employ the necessary labor and send them upon the property to remedy the situation. All expenses incurred shall be paid out of the money in the treasury of the city not otherwise appropriated. Such costs shall be at the owner’s expense and that cost, together with an administrative fee in accordance with the schedule established by the Code Enforcement Officer.
(B) The authorized city official shall make a written return to the county clerk of its action under this section with a statement of the charges for the services, the administrative costs incurred, the amount paid for labor, and a proper description of the premises. These amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the city's general fund. The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the weed and grass situation. The affidavit of the authorized city official shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 381.770 and this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons for the time of its recording and shall bear interest at the annual rate established by the Board of Commissioners from time to time until paid. 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. In addition to this remedy, 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, and other charges, and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(1976 Code, § 8-5(d); Am. Ord. 94-18, passed 7-12-94; Am. Ord. 2010-6, passed 3-23-10; Am. Ord. 2021-20, passed 10-12-21)
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Cross reference:
Penalty for violation, see § 50.999