2014 Kentucky Revised Statutes CHAPTER 381 - TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.780 Removal of open toilets in urban-county government, city of the first class, or city of the home rule class -- Lien on property for cost of removal.
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381.780 Removal of open toilets in urban-county government, city of the first
class, or city of the home rule class -- Lien on property for cost of
removal.
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The maintenance of an outdoor toilet not connected to a septic tank or sewer
system, hereinafter called an open toilet, within the boundaries of an
urban-county government, a city of the first class, or a city of the home rule
class is hereby declared to be a public nuisance.
When an open toilet is discovered, the director of sanitation or other
responsible officer designated by the city legislative body shall give written
notice to the property owner to remove the open toilet and fill the toilet pit within
ten (10) days after the date of the notice. The notice shall be mailed to the last
known address of the property owner, as it appears on the current tax
assessment roll. Upon failure of the owner of the property to comply with the
terms of the notice, the director of sanitation or other responsible officer
designated by the urban-county government or city legislative body is
authorized to send employees upon the property to remove the open toilet and
fill the toilet pit.
The urban-county government or city shall have a lien against the property for
the reasonable cost of labor and materials used in removing the open toilet and
filling the toilet pit. The affidavit of the director of sanitation or other responsible
officer designated by the urban-county government or city shall constitute
prima facie evidence of the amount of the lien and the regularity of the
proceedings pursuant to this section, and shall be recorded in the office of the
county clerk in the county where the urban-county government or city is
located. The lien shall be notice to all persons from the time of its recording
and shall bear interest at six percent (6%) per annum thereafter until paid.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 306, effective January 1, 2015. -Created 1970 Ky. Acts ch. 282, sec. 1.
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