2014 Kentucky Revised Statutes
CHAPTER 99 - URBAN RENEWAL AND REDEVELOPMENT
99.720 Certification of blight deterioration -- Notice to owner demanding abatement.
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<![CDATA[99.720 Certification of blight deterioration -- Notice to owner demanding
abatement.
(1)
(2)
(3)
(4)
The legislative body shall not institute eminent domain proceedings pursuant to
KRS 99.705 to 99.730 unless the commission has certified that the property is
blighted or deteriorated. A property which has been referred to the commission
by a city agency of any class of city, or by an agency in a county containing a
city of the first class or consolidated local government, as blighted or
deteriorated may only be certified to the legislative body as blighted or
deteriorated after the commission has determined:
(a) That the owner of the property or designated agent has been sent an
order by the appropriate city, consolidated local government, or county
agency to eliminate the conditions which are in violation of local codes or
law;
(b) That the property is vacant;
(c) That the property is blighted and deteriorated;
(d) That the commission has notified the property owner or designated agent
that the property has been determined to be blighted or deteriorated and
the time period for correction of such condition has expired and the
property owner or agent has failed to comply with the notice; and
(e) That, in cities of any class, counties containing a city of the first class, or
consolidated local governments that are within a planning unit established
pursuant to KRS Chapter 100, the planning commission has determined
that the reuse of the property for residential and related use is in keeping
with the comprehensive plan.
The findings required by subsection (1) of this section shall be in writing and
included in the report to the legislative body.
The commission shall notify the owner of the property or a designated agent
that a determination of blight or deterioration has been made and that failure to
eliminate the conditions causing the blight shall render the property subject to
condemnation by the city, consolidated local government, or county under KRS
99.705 to 99.730. Notice shall be mailed to the owner or designated agent by
certified mail, return receipt requested. However, if the address of the owner or
a designated agent is unknown and cannot be ascertained by the commission
in the exercise of reasonable diligence, copies of the notice shall be posted in a
conspicuous place on the property affected. The written notice sent to the
owner or his agent shall describe the conditions that render the property
blighted and deteriorated, and shall demand abatement of the conditions within
ninety (90) days of the receipt of such notice.
An extension of the ninety (90) day time period may be granted by the
commission if the owner or designated agent demonstrates that such period is
insufficient to correct the conditions cited in the notice.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 76, sec. 6, effective July 13, 2004. -Amended 2002 Ky. Acts ch. 346, sec. 130, effective July 15, 2002. -- Amended
1988 Ky. Acts ch. 170, sec. 5, effective July 15, 1988. -- Created 1984 Ky. Acts
ch. 248, sec. 5, effective July 13, 1984.
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