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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)
(A) Any person affected by an order issued by the public officer may, within 30 days after the posting and service of the order, petition the circuit court for an injunction restraining the public officer from carrying out the provisions of the order, and the court may issue a temporary injunction restraining the public officer pending the final disposition of the cause.
(B) Hearings shall be had by the court on the petition within 20 days or as soon thereafter as possible.
(C) In all such proceedings the findings of the public officer as to facts, if supported by evidence, shall be conclusive.
(D) Costs shall be in the discretion of the court.
(E) The remedies herein provided shall be exclusive remedies and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the public officer, or because of non-compliance by such person with any order of the public officer.
(Prior Code KOC, § 950.1, passed 2-1-1971)
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