(A) The Review Commission shall have the power to determine whether a property is blighted or deteriorated within the meaning of this article when the property has been referred to the Review Commission by the appropriate government agency as blighted or deteriorated.
(B) The Review Commission shall certify, in a written report to the City Commission, that property referred to it is blighted or deteriorated only after the following determinations have been made:
(1) That the owner of the property, as determined by reference to the current tax assessment, roll in the office of the property valuation administrator, or the owner's designated agent, has been notified through a notice or order by the appropriate government agency to eliminate the conditions which are in violation of local codes or law;
(2) That the property is vacant;
(3) That the property is, in fact, blighted or deteriorated;
(4) That the Review Commission has notified the property owner or the owner's 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;
(5) That the property owner has been afforded the opportunity to a hearing before the Review Commission, with regard to the finding of blight, or the valuation of the property if an offer to purchase has been made.
(C) Upon making a determination of blight or deterioration, the Review Commission shall notify the owner of the property or the owner's 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 this article and KRS Chapter 99. This notice shall include the statement that the owner may request a hearing before the Review Commission to dispute the determination of blight or deterioration and the process by which such a hearing must be requested. Notice shall be mailed to the owner by certified mail, return receipt requested, at the owner's last known address as recorded with the Bourbon County property valuation administrator or to the owner's designated agent. However, if the owner cannot be ascertained by the Review Commission in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected.
(D) The written notice to the property owner or the owner's designated agent shall describe the conditions that render the property blighted or deteriorated and shall demand abatement of the conditions within ninety (90) days of the date of the notice. This notice shall include the statement that the owner may request a hearing before the Review Commission to dispute the determination of blight or deterioration and that such a request must be made in writing within twenty (20) days of the date of the notice from the Review Commission. If the notice is returned as not deliverable, the ninety (90) days shall commence upon the posting of the notice on the property. An extension of the ninety (90)-day period may be granted by the Review Commission at the end of such period if the owner or designated agent demonstrates that such period is insufficient to correct the conditions cited in the notice.
(Ord. 2009-07, passed 6-23-09)