(A) It shall be the duty of the police authority and/or Zoning Administrator and/or the Building Inspector or other responsible city officer designated by the legislative body to serve or cause to be served a notice upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this chapter and to demand the abatement of the nuisance within ten (10) days unless the nuisance constitutes an immediate danger to the health and well being of the community. If such danger is present, the nuisance shall be abated within twenty-four (24) hours of notice. Notice shall be served upon persons by certified mail, but if the whereabouts of the persons is unknown and cannot be ascertained by the police authority and/or the Zoning Administrator and/or the Building Inspector in the exercise of reasonable diligence, the police authority and/or the Zoning Administrator and/or the Building Inspector shall make an affidavit to that effect, and the serving of notice may be made by publication in a newspaper of general circulation for two (2) consecutive days. A copy of the notice shall be posted in a conspicuous place on the premises affected by the notice and it shall be recorded in the office of the County Clerk.
(B) If the person so served does not abate the nuisance within five (5) days, the city may proceed to abate the nuisance, keeping an account of the expense of the abatement, and the expense shall be charged and paid by the owner or occupant.
(C) Charges for nuisance abatement shall be a lien upon the premises. Whenever a bill for charges remains unpaid for sixty (60) days after it has been rendered, the City Clerk/Treasurer may file with the County Clerk a statement of lien claims. This statement shall contain a legal description of the premises, the expenses and costs incurred, the date the nuisance was abated, and a notice that the city claims a lien for this amount. Notice of the lien claim shall be mailed to the owner of the premises if his address is known. However, failure to record the lien claim or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges as provided in division (E) below.
(D) In addition to the remedy prescribed in subsection (C) of this section or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city, county, or urban-county may bring civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(E) Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. This foreclosure shall be in equity in the name of the city.
(F) The City Attorney is authorized and directed to institute such proceedings, in the name of the city, and in any court having jurisdiction over the matter, against any property for which the bill has remained unpaid sixty (60) days after it has been rendered.
(1985 Code; Am. Ord. 10-1996, passed 11-11-96)
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Statutory reference:
Abatement of nuisance, see KRS 381.770
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