2016 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS .8836 System for notification of lienholder -- Requirements -- Correction of violation -- Precedence of lien.
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65.8836 System for notification of lienholder -- Requirements -- Correction of
violation -- Precedence of lien.
(1)
(2)
A local government adopting the provisions of KRS 65.8801 to 65.8839 shall
implement a system for notification to lienholders that meets the minimum
requirements of subsection (2) of this section and shall comply with the procedures
to permit remedial action by lienholders as provided in subsection (3) of this section
in order to obtain and maintain the lien priority over previously filed liens granted
in KRS 65.8835.
A local government shall create a notification system that provides lienholders and
others that elect to do so with electronic notifications of all final orders entered
pursuant to KRS 65.8801 to 65.8839. The system shall meet the following
minimum requirements:
(a) An individual or entity may register with the local government to receive
information on each final order by providing a name, mailing address, phone
number, and an electronic mailing address to the local government. The local
government shall accept this information in any form submitted by a
registrant. It shall be the responsibility of the registrant to maintain and update
its contact information with the local government, except that a local
government shall inform a registrant of any evidence the local government
receives that the electronic mailing address is invalid or not functional in order
to provide the registrant an opportunity to submit an updated electronic
mailing address;
(b) No less than once a month but no more frequently than once per week, the
local government shall send electronic mail notification of all final orders
issued pursuant to the provisions of KRS 65.8801 to 65.8839 since the last
date of notification to each party registered pursuant to paragraph (a) of this
subsection. The notification shall, at a minimum, include or provide an
electronic link to a document or database meeting the requirements of this
paragraph that includes:
1.
The name of the person charged with a violation;
2.
The physical address of the premises where the violation occurred;
3.
The last known mailing address for the owner of the premises where the
violation occurred.
4.
A specific description of the citation leading to the final order, including
the citation detail set forth in KRS 65.8825(4)(a) to (h), which may be
satisfied by including a copy of the full citation;
5.
The findings of the final order, including the penalty or penalties
imposed by the final order, which may be satisfied by providing a copy
of the full final order; and
6.
The status of the final order in regards to its ability to be appealed
pursuant to KRS 65.8831, except that the local government shall provide
an update to registrants if an appeal is filed on a final order pursuant to
KRS 65.8831;
(c)
(3)
(4)
A local government shall post the notification required under paragraph (b) of
this subsection or provide a summary of the information regarding each final
order required by paragraph (b) of this subsection in a conspicuous place on
its public Web site, which shall be affiliated with the local government and
contain other information about the local government, within ten (10) days of
the issuance of the final order. If the local government posts using summary
form:
1.
The summary shall be calculated to reasonably allow identification of
the specific properties which may be impacted by the lien; and
2.
Upon request, the local government shall provide the complete record of
a final order created under paragraph (b) of this subsection without
charge; and
(d) A local government shall maintain the records created under this subsection
for a period of ten (10) years following their issuance.
(a) A lien holder of record may, within forty-five (45) days from the date of
issuance of notification under subsection (2) of this section, correct the
violation if it has not already been abated, or elect to pay all civil fines
assessed for the violation and all charges and fees incurred by the local
government in connection with the enforcement of the ordinance, including
abatement costs. This subsection shall not prohibit the local government from
taking immediate action if necessitated under KRS 65.8838.
(b) The lien provided by KRS 65.8835 shall not take precedence over previously
recorded liens if:
1.
The local government failed to comply with the requirements of
subsection (2) of this section for notification of the final order; or
2.
A prior lienholder corrected the violation or paid all civil fines assessed
for the violation and all charges and fees incurred by the local
government in connection with the enforcement of the ordinance,
including abatement costs within forty-five (45) days as provided in
paragraph (a) of this subsection.
(c) A lien that does not take precedence over previously recorded liens under the
circumstances outlined in paragraph (b) of this subsection, shall, if the final
order remains partially unsatisfied, take precedence over all other subsequent
liens except liens for state, county, school board and city taxes.
(d) Nothing contained in this subsection shall prohibit a local government from
recording a lien before the forty-five (45) day period established in paragraph
(a) of this subsection expires. If the lien is fully satisfied prior to the
expiration of the forty-five (45) day period established in paragraph (a) of this
subsection, the local government shall release the lien in the county clerk's
office where the lien is recorded within fifteen (15) days of satisfaction.
The local government may delegate responsibility for compliance with this section
to the code enforcement board or its administrative staff as specified in the
ordinance establishing and governing the operation of the code enforcement board.
(5)
(6)
(7)
The failure of a local government to comply with this section or the failure of a lien
to take precedence over previously filed liens as provided in subsection (3)(b) of
this section, shall not limit or restrict any other remedies that the local government
has against the property or the violator.
The requirements of this section shall not be mandatory for a local
government’s compliance with KRS 65.8840.
The requirements of this section shall not apply to a local government when it
enforces KRS 65.8840.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 86, sec. 11, effective July 15, 2016.
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