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(A) Whenever a petition is filed with the public officer by a public authority or by at least 5 residents of the city or county charging that any structure is unfit for human habitation, occupancy or use, or whenever it appears to the public officer (on his or her own motion) that any structure is unfit for human habitation, occupancy or use, the public officer shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges in that respect.
(B) The complaint shall state:
That a hearing will be held before the public officer (or his or her designated agent) at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint; that the owner and parties in interest may file an answer to the complaint and appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(Prior Code KOC, § 950.1, passed 2-1-1971)
If after the notice and hearing, the public officer determines that the structure under consideration is unfit for human habitation, occupancy or use, he or she shall state in writing his or her findings of fact in support of the determination and shall issue and cause to be served upon the owner thereof an order requiring the owner:
(A) To the intent and within the time specified in the order, to repair, alter or improve the structure to render it fit for human habitation, occupancy or use, or, at the option of the owner, to vacate and close the structure if the repair alteration or improvement of the structure can be made at a cost that is not more than 50% of the value of the structure; or
(B) Within the time specified in the order, to remove or demolish the structure if the repair, alteration or improvement of the structure cannot be made at a cost that is not more than 50% of the value of the structure.
(Prior Code KOC, § 950.1, passed 2-1-1971)
(A) If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the structure, the public officer may cause the structure to be repaired, altered or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any structure so closed, a placard with the following words: “This building is unfit for human habitation, occupancy or use; the use or occupation of this building for human habitation, occupancy or use, is prohibited and unlawful.”
(B) If the owner fails to comply with an order to remove or demolish the structure, the public officer may cause such structure to be removed or demolished.
(C) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition shall be a lien upon the real property upon which cost was incurred. If the structure, is removed or demolished by the public officer, he or she shall sell the materials of the structure and shall credit the proceeds of the removal or demolition and any balance remaining shall be deposited in the circuit court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
(Prior Code KOC, § 950.1, passed 2-1-1971)
The public officer may determine that a structure is unfit for human habitation, occupancy or use if he or she finds that conditions exist in the structure which are dangerous or injurious to the health, safety or morals of the occupants of the structure, the occupants of neighboring structures or other residents of the city or county. The conditions may include the following (without limiting the generality of the foregoing): Defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness. Additional standards to guide the public officer or his or her agents, in determining the fitness of a structure for human habitation, occupancy or use, may be provided by resolution of the Pewee Valley City Council.
(Prior Code KOC, § 950.1, passed 2-1-1971)
(A) Complaints or orders issued by a public officer pursuant to this subchapter shall be served upon persons either personally or by certified mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of the complaint or order upon such persons may be made by publication pursuant to KRS Chapter 424.
(B) A copy of the complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order, and shall be recorded in the office of the County Clerk wherein the structure is located.
(Prior Code KOC, § 950.1, passed 2-1-1971)
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