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(A) An appeal from a final order of a Code Enforcement Board following a hearing conducted pursuant to § 31.22 may be made to the Bullitt County District Court within 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 of the Code Enforcement Board is filed within the time period set in division (A) above, the Code Enforcement Board’s order shall be deemed final for all purposes.
(Ord. 018-262, passed 7-9-2018)
(A) The city shall possess a lien on property owned by the person found by a non-appealable final order as defined in § 31.15, 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 ordinance, including abatement costs. 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 County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at 6% per annum compounded annually from the date of assessment until paid. The lien shall continue for ten years following the date of the non- appealable final order or final court judgment.
(C) Subject to § 31.28, the lien shall take precedence over all other liens, except sate, 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) above, the person found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees, and abatement costs incurred by the city in connection with the enforcement of the ordinance, and interest at 6% per annum, compounded annually from the date of assessment. The city may bring civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 018-262, passed 7-9-2018)
The city shall obtain and maintain priority over previously filed liens as provided in § 31.26, 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 subchapter.
(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). 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 it receives 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 subchapter since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to a document, or the city Code Enforcement database, which includes 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 if, in the exercise of reasonable diligence, it is ascertainable;
(4) A copy of the full citation;
(5) A copy of the full final order; and
(6) The status of the final order regarding its ability to be appealed.
(E) If a timely appeal is filed on a final order, the city shall send an update to registrants by electronic mail.
(F) At the same time that it sends the electronic notification required by divisions (D) or (E) above, the city shall post this notification in a conspicuous place upon the city website.
(G) The city shall maintain the records created under this section for ten years following their issuance.
(Ord. 018-262, passed 7-9-2018)
(A) A lienholder of record may, within 45 days from the date of issuance of notification under § 31.27(D):
(1) Correct the violation, if it has not already been abated; or
(2) Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement of the ordinance, including abatement costs.
(B) Nothing in this section shall prohibit the city from taking immediate action if necessitated under § 31.29.
(C) The lien provided by § 31.26 shall not take precedence over previously recorded liens if:
(1) The city failed to comply with the requirements of § 31.28 for notification of the final order; or
(2) A prior lienholder corrected the violation or paid all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs, within 45 days as provided in division (A).
(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, continue to 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 45 day period established in division (A) expires. If the lien is fully satisfied prior to the expiration of that 45 day period, the city shall release the lien in the County Clerk’s office where the lien is recorded within 15 days of satisfaction.
(Ord. 018-262, passed 7-9-2018)
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