(A) Methods of enforcement. Enforcement of this chapter shall be accomplished by the Code Enforcement Officer. If practicable, the process will include until there is a remedy, in this order: a personal contact, written warning, citation, abatement, and legal action.
(B) Enforcement procedures and notice.
(1) The standards and procedures for the enforcement of this chapter under KRS 381.770 as follows:
(a) Whenever such a situation is discovered, the Code Enforcement Officer will first contact, either in person, by telephone or by email, the person having control or management of the property to remedy the nuisance. Except in cases of emergency, the city shall consider next a verbal warning specifying a reasonable time as first step in eliminating the nuisance.
(b) If the person cannot be contacted or will not remedy the nuisance the Code Enforcement Officer shall give the written notice or the citation to any one or more or all: the owner, operator, agent, occupant, or person having control or management of the property of ten days to remedy such situation.
(c) The notice shall be served by certified mail, or by personal service. If by mail, it may 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 the addressees to receive the notice shall not invalidate any of the proceedings. Further, the posting of notice of a hearing or order pursuant to this chapter shall be conclusively deemed to be adequate notice to 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.
(d) Upon the failure of 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. (Abatement, see § 92.06.)
(2) The city shall have a lien right against the property for the reasonable value of labor and materials used in remedying the nuisance situation. The affidavit of the Code Enforcement Officer 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 Jefferson County Clerk. The lien shall be the notice to all persons as from the time of its recording and shall bear legal interest until paid, 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 recovery of a debt owed.
(C) Costs of enforcement. In any civil action commenced by the city under this chapter, the city shall be entitled to recover from the defendant of such action, reasonable attorneys' fees, costs of suit, any other costs of enforcement, including but not limited to, inspection costs and cleanup or abatement costs.
(Ord. 632-2023, passed 12-18-23)
Cross-reference:
Code Enforcement, see Chapter 39