(A) Inspections. Point of sale inspections are hereby authorized on all properties that are subject to the vacant, foreclosed property registration. Mortgagees shall arrange to have all properties subject to the requirements of this subchapter inspected by the Code Official within five business days of filing for the property to be sold at a judicial sale. If the mortgagee fails to arrange an inspection, the property shall be inspected by the Code Official pursuant to Kentucky Revised Statute prior to the property being sold at a judicial sale or pursuant to a search warrant issued by a court of competent jurisdiction.
(B) Failed inspections. If, as a result of the above inspection, the Code Official determines that health code violations, housing code violations, hazards, or structural defects exist on the property, the Code Official shall notify the City Attorney of these conditions. The City Attorney shall provide written notice via certified mail to the mortgagee or the mortgagee’s agent, as designated on the vacant, foreclosed property registration form, the owner of record, and any equitable lien holders, informing the parties of the following:
(1) The need to repair and correct the violations, hazards, or structural defects prior to the judicial sale;
(2) If the property is not brought into compliance within 30 calendar days of the issuance of the notice of violation, the Code Official may correct or repair some or all of the violations;
(3) If the Code Official corrects or repairs some or all of the violations, the City Attorney shall promptly place a priority lien on the property for the total cost of abating the violations. The City Attorney shall collect the priority lien from the proceeds of the judicial sale of the property, or upon any subsequent sale of the property, or by the methods provided in Kentucky Revised Code. When notice is given as provided for in this section, the lien shall be a priority over liens of prior record and the lien will be effective on the date the city incurs the costs of repairs as provided in Kentucky Revised Code.
(C) Bond. The mortgagee may post a bond in an amount equal to the cost of abatement of the code violations which may include repair or demolition. The mortgagee must submit to the Code Official written cost estimates by contractors registered with the City of Highland Heights for abating the violations. The Code Official will establish the bond amount based upon the submitted cost estimates. The Code Official may extend the compliance date up to 90 days if a bond is posted. An additional 90 days may be extended in writing by the Code Official if good cause or diligence in abating the violations is demonstrated. If the violations are not abated in conformance with the terms of this section, the bond will be forfeited and the Code Official shall cause the violations to be abated with the proceeds of the forfeiture.
(Ord. 13-0901, passed 10-3-2013)