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Pikeville Overview
Pikeville, KY Code of Ordinances
PIKEVILLE, KENTUCKY
CITY OFFICIALS OF PIKEVILLE, KENTUCKY
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 92.19 APPEALS; FINAL JUDGEMENT.
   (A)   An appeal from a final order of the Hearing Officer following a hearing conducted pursuant to § 92.17(E) may be made to the Pike District Court within thirty (30) days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
   (B)   If no appeal from a final order following a hearing is filed within the time period set in division (A), the order shall be deemed final for all purposes.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
§ 92.20 FINES.
   Violations of ordinances that are enforced by the City Code Enforcement Board or an assigned Hearing Officer shall be subject to the following schedule of civil fines. If a citation for a violation of this chapter is not contested by the person charged with the violation, the penalties set forth in this section shall apply:
 
Violation
First Offense
Second Offense
All Others
Weeds and grass
$75.00
$150.00
$300.00
Dilapidated structure
$150.00
$300.00
$1,000.00
Violation of property maintenance code
$75.00
$300.00
$500.00
Commercial premise
$100.00
$300.00
$1,000.00
Illegal burning (plus suppression costs)
$100.00
$200.00
$500.00
 
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2018-03, passed 3-12-18; Am. Ord. O-2019-11, passed 4-8-19; Am. Ord. O-2020-01, passed 2-24-20)
§ 92.21 LIENS; FINES: CHARGES AND FEES.
   (A)   Pursuant to KRS 65.8840(9) the city shall possess a lien on property owned by the person found by a nonappealable final order as defined by § 92.11(D) or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the chapter, including abatement costs and attorney’s fees. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
   (B)   The lien shall be recorded in the office of the Pike County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate until paid. The lien shall continue for ten (10) years following the date of the nonappealable final order or final court judgment.
   (C)   Subject to § 92.23, the lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.
   (D)   In addition to the remedy prescribed in division (A) of this section, the person found to have committed the violation shall be personally responsible for the amount of all civil fines assessed for the violation and for all charges, fees and abatement costs and attorney’s fees incurred by the city in connection with the enforcement of this chapter. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 0-2016-14, passed 8-22-16)
§ 92.22 LIEN HOLDER NOTIFICATION SYSTEM.
   The city shall obtain and maintain priority over previously filed liens, as provided in § 92.21, in accordance with the following provisions:
   (A)   Individuals and entities, including but not limited to lienholders, may register with the city to receive electronic notification of final orders entered pursuant to this chapter.
   (B)   In order to receive the notification, the registrant shall submit the following information to the City Clerk.
      (1)   Name;
      (2)   Mailing address;
      (3)   Phone number; and
      (4)   Electronic mailing address.
   (C)   A registrant may use the electronic form provided on the city website to submit the information required by division (B) of this section. It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The city shall inform a registrant of any evidence received that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
   (D)   Once per month, the city shall send electronic mail notification of all final orders entered pursuant to this chapter since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to the city code enforcement database located on the city web site. The database shall include the following information regarding each final order:
      (1)   The name of the person charged with a violation;
      (2)   The physical address of the premises where the violation occurred;
      (3)   The last known mailing address for the owner of the premises where the violation occurred;
      (4)   A copy of the full citation;
      (5)   A copy of the full final order or summary of the order; and
      (6)   The status of the final order regarding its ability to be appealed pursuant to this chapter.
   (E)   If an appeal is filed on a final order pursuant to this chapter, the city shall send electronic mail notification to all registrants.
   (F)   Within ten (10) days of the issuance of a final order pursuant to this chapter, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by division (D) of this section containing an updated link to the code enforcement database on the city website.
   (G)   The city shall maintain the records created under this section for ten (10) years following their issuance.
(Ord. 0-2016-14, passed 8-22-16)
§ 92.23 LIEN PROCESS.
   (A)   A lienholder of record who has registered pursuant to § 92.22(B) of this chapter may, within forty-five (45) days from the date of issuance of notification under § 92.22(D) of this chapter:
      (1)   Correct the violation, if it has not already been abated; and
      (2)   Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement of this chapter, including abatement costs.
   (B)   Nothing in this section shall prohibit the city from taking immediate action if necessary under § 92.24 of this chapter.
   (C)   The lien provided by § 92.21 shall not take precedence over previously recorded liens if:
      (1)   The city failed to comply with the requirements of § 92.22 of this chapter for notification of the final order; or
      (2)   A prior lienholder complied with division (A) of this section.
   (D)   A lien that does not take precedence over previously recorded liens under division (C) of this section shall, if the final order remains partially unsatisfied, take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
   (E)   The city may record a lien before the forty-five (45) day period established in division (A) of this section expires. If the lien is fully satisfied prior to the expiration of the forty-five (45) day period, the city shall release the lien in the County Clerk’s Office where the lien is recorded within fifteen (15) days of satisfaction.
   (F)   Failure of the city to comply with §§ 92.22 and 92.23, or failure of a lien to take precedence over previously filed liens as provided in division (C) of this section, shall not limit or restrict any other remedies the city has against the property of the violator.
(Ord. 0-2016-14, passed 8-22-16)
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