(A) Public nuisances. The acts, omissions and conditions prohibited in sections of this subchapter are hereby declared to be public nuisances that are inimical to the health, safety and welfare of the citizens of the city.
(B) Responsibility of property owner to remove or abate public nuisance. The owner(s) of property shall be responsible for the removal or abatement, at the property owner’s sole expense, of any obstruction, impediment or encroachment under, over or across any public stormwater drainage system on the owner’s property, that is prohibited in sections above and in existence at the time of the adoption of this subchapter. It shall be the duty of the Building Inspector, as soon as the Building Inspector ascertains the existence of an unlawful obstruction or encroachment on any public stormwater drainage system, to forthwith notify in person, or in writing by certified mail, return receipt requested as stated below, the record owner of the property on which the public stormwater drainage system is located and/or the holder of the NOI, to remove or abate the unlawful condition, obstruction or encroachment within the time specified in the written notice, except in the case of an emergency approved and declared by the City Manager, in which case the notice given shall be the notice which is reasonable and necessary under the circumstances. Failure of the owner of the property to actually receive the notice required herein shall in no way invalidate the provisions of this subchapter or affect the liability of such owner for the cost of removing or abating the public nuisance found to exist on the owner’s property.
(C) City may abate nuisance; notice of abatement and assessment, lien. If the property owner fails to remove or abate the nuisance in the manner and according to the specifications directed by the Building Inspector, within the time permitted therefore, the city may proceed to remove or abate the public nuisance. A record of the entire cost associated therewith, including labor and materials, shall be transmitted to the City Engineer who shall, upon approval thereof, assess the cost of the removal or abatement of the public nuisance against the owner(s) of the property improved thereby, by sending the property owner a written “notice of abatement and assessment” directing said property owner(s) to reimburse the city in full for the cost of abatement, within 30 days of receipt thereof. If the property owner or owners fail to comply with the “notice of abatement and assessment” and do not indemnify the city for the cost of removing or abating the public nuisance within the prescribed time period, the city shall have a lien against the property improved thereby for the reasonable value of labor and materials utilized to abate the public nuisance. The lien shall be as follows.
(1) The city shall have a lien against any property or properties finally determined by the Building Inspector to be in violation of this subchapter to secure the payment and recovery of the reasonable value of labor and materials used to abate the violation, including fines, charges, costs, penalties and/or fees, including administrative fees. The lien shall be superior to and have priority over, all other subsequent liens on the property except state, county, school board, city taxes and nuisance abatement liens lawfully imposed under KRS 72.720.
(2) 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 the rate of 12% per annum thereafter until paid.
(3) In addition to the remedy prescribed in division (B) above, the person found to have committed the violation shall be personally liable for the amount of all fines, charges, costs, penalties and/or fees, including administrative fees assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of this subchapter. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(4) It shall be unlawful for the owner of any dwelling unit or structure who has received a notice of deficiency, to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the requirements listed in the notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation issued by the City Engineer and shall furnish to the City Engineer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making the necessary corrections and repairs required by such notice of violation.
(Ord. 2011-07, passed 10-19-2011) Penalty, see § 54.99