(A) This subchapter shall be enforced upon the filing of a petition to the City of Pewee Valley Mayor by two City of Pewee Valley residents, alleging that an owner, lessee, or occupant of any property is maintaining or keeping a nuisance thereon, or maintain his or her premises in a manner causing substantial diminution in the value of other property, or tends to renter such properties as dangerous, or detrimental, or adverse to health and welfare, or offensive to the senses of the residents of the City of Pewee Valley.
(B) Criminal or civil penalty. Pursuant to the city’s prosecutorial discretion, the city may enforce violations of the provisions of this subchapter as criminal, civil or abatement actions.
(1) Misdemeanor. Any person who is violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each and every day, during which any such offence is committed, continued or allowed shall be a separate offense.
(2) Each and every offence under this subchapter is punishable by:
(a) A fine not exceeding $100 for the first offense;
(b) A fine not exceeding $500 for the second offence of the same or similar provision within one year period; or
(c) A fine no less than $1,000 for each additional offence, after the second, of the same or similar provision of this subchapter within a one year period of the first offense.
(C) Enforcement procedures and notice.
(1) The city hereby establishes the standards and procedures for the enforcement of this subchapter under KRS 65.8840 as follows:
(a) Whenever a violation of this chapter is discovered, the city, person or employee as may be designated by the City Council to enforce city ordinances, shall give at least five days written notice to any one or more or all: the owner, operator, agent, occupant or person having control or management of the property to remedy such violation. The City may, in its discretion, may provide more time to remedy the violation. If the violation concerns a home which has been deemed vacant and abandoned and notice is being sent to the holder of a mortgage, any notice of violation sent to the mortgage holder must also comply with the notice provisions set out in KRS 65.8840.
(b) The notice shall be served upon the responsible person as stated above, by mail, or by personal service. If by mail, it shall be addressed to the last known address of the owner of the said property, as it appears on the current tax assessment roll. The failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of notice of a hearing or order pursuant to this subchapter shall be conclusively deemed to be adequate notice to any and all occupants, users or possessors of the property or its contents, and the failure of any such occupant, user or possessor to see, read, understand or otherwise receive the notice shall not invalidate any of the proceedings. Upon the failure to the owner of the property to comply, the city is authorized to send employees or persons hired by the city upon said property to remedy the situation. If the violation concerns a home which has been deemed vacant and abandoned and notice is being sent to the holder of a mortgage, any notice of violation sent to the mortgage holder must also comply with the notice provisions set out in KRS 65.8840.
(2) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The Affidavit of the person or employee as may be designated by the City Council to enforce city ordinances, shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this chapter and KRS 381.770, and shall be recorded in the Office of the Oldham County Clerk. The lien shall be notice to all personas from the time of its recording and shall bear interest thereafter until paid at the rate of 1.5% per month, compounded monthly, and may be enforced by judicial proceedings.
(3) In addition to the remedy prescribed in the previous sections of this chapter 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 recover of a debt owed.
(Ord. 2013-2, passed - -2013)