(A) Any of the enforcement rights in this section may be assigned to a partnering accredited land trust. The Woodford County Rural Land Board shall promptly investigate all complaints of violation of Conservation Easements. Additionally, the Woodford County Rural Land Board shall use its best efforts to prevent violations by inspecting the land and structures to which each conservation easement applies at least once annually in order to ascertain whether the landowner is complying with all of the conditions of the deed of conservation easement and this chapter. In the case of any investigation or inspection, the Woodford County Rural Land Board shall record all findings and actions in the official records. If the Woodford County Rural Land Board finds that the provisions of any conservation easement are being or have been violated, an order may be issued on behalf of the Woodford County Rural Land Board to require that the landowner take the action necessary to correct the violation.
(B) If an order of the Woodford County Rural Land Board is disregarded, the County Attorney may seek by appropriate proceedings an injunction against any threatened construction or other development or activity on the parcel of land which would violate the conservation easement, and in such event, he/she shall seek a mandatory injunction requiring the removal of any structure erected in violation of a conservation easement and the restoration of the land and structures to their original character as of the effective date of the conservation easement, insofar as possible. If an injunction is sought, the County Attorney shall also seek to recover the costs of any successful enforcement proceeding and damages, if appropriate, and pursuant to the terms of the conservation easement record a lien against the property until paid.
(C) After a conservation easement has been acquired by the Woodford County Rural Land Board, an agency and instrumentality of the Woodford County Fiscal Court, whether by purchase or donation, no building permit shall be issued for any structure or any certificate of occupancy for any use, which would violate the terms of the conservation easement.
(Ord. 2009-06, passed 7-14-2009; Am. Ord. 2023-05, passed 5-23-2023)