(A) Enforcement of this chapter may be accomplished by the Enforcement Officer, or by officers of the City of St. Matthews Police Department, or other person or employee as may be designated by the City Council to enforce city ordinances in any manner, authorized by this chapter or by any other law. Pursuant to the city's prosecutorial discretion, the city may enforce violations of the provisions of this chapter as criminal, civil, or an abatement action.
(B) Whenever any of the nuisance conditions set in this chapter are found to exist, the Enforcement Officer for the city shall give ten days written notice to the owner of the property and to the occupant, lessee, or tenant of the property, as the case may be (the "occupant"), if different from the owner, to remedy such condition. However, if the condition is of a nature that the same cannot reasonably be expected to be completely remedied within a ten-day period, the notice shall direct the recipient to proceed with reasonable diligence to remedy such condition as soon as possible. The notice referenced above shall be served by mail or by personal service to the last known address of the owner of the property, as it appears on the current tax assessment roll and to any occupant at the address of the property. The failure of any or all the addressees to receive the notice shall not invalidate any of the proceedings. Further, the failure of any owner or occupant to see, read, or understand the notice shall not invalidate any of the proceedings.
(C) Any person who is in violation of the provisions of this chapter shall be fined in accordance with the following schedule. The penalties herein do not include enforcement, remedy, cleanup or abatement costs, which are cumulative and not exclusive, and shall be in addition to all other remedies available to the city under state law and local ordinances. All fines collected in connection herewith shall be deposited into the city's general fund. Each day during which any such offense is committed, continued or allowed shall be a separate offense under the following schedule:
(1) For a first offense, a fine not exceeding $50, for each day of violation, up to a maximum fine of $1,000.
(2) For a second similar offense within the same calendar year, a fine not exceeding $75, for each day of violation, up to a maximum fine of $2,000.
(3) For a third similar offense within the same calendar year, a fine not exceeding $100, for each day of violation, up to a maximum fine of $3,000.
(D) The city reserves the right to treat the violation of this chapter as a criminal misdemeanor, which shall subject the violator to imprisonment for a period not exceeding six months; or, by both fine (as set out in the fine schedule in this chapter), and imprisonment.
(E) In order to enforce the provisions of this chapter, when the Enforcement Officer, or other person or employee as may be designated by the City Council to enforce city ordinances, finds and determines that the severity of the violation warrants immediate action, he/she may clean up or abate violation thereof in accordance with and under the authority of KRS 65.8840. The city shall have a lien against the applicable property for the reasonable value of labor and materials used in the remedy, cleanup or abatement of the applicable condition. Further, if the city has created a Code Enforcement Board, the city shall also have a lien to secure payment of any fines as set out in KRS Chapter 65. An affidavit of the Enforcement Officer shall constitute prima facie evidence of the amount cf the lien and the regularity of the proceedings pursuant to this chapter and KRS 65.8840, and shall be recorded in the office of the Jefferson County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid at the rate of 1.5% per month, compounded monthly, and may be enforced by judicial proceedings. The cost of any such lien may also be recovered by the city in a civil action. Such emergency cleanup or abatement will not relieve the person of further action which may be taken by the City Council or its duly authorized agents and representatives, including but not limited to, liability for any violations of this chapter, or any other applicable provisions of state law and local ordinances.
(F) The city may petition the Jefferson District and/or Circuit Court to impose, assess and recover penalties imposed herein, including, but not limited to the forced sale of any real property encumbered by a lien imposed under the authority of this chapter. In addition, the city shall be entitled to recover all costs related to enforcement, remedy, cleanup and/or abatement. 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 attorney's fees and costs of suit.
(Ord. 19-06, passed 11-12-19)