2017 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.
Download as PDF
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 if, in the exercise of reasonable diligence, it is
ascertainable.
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) At the same time the electronic notification required under paragraph (b)
of this subsection is sent, a local government shall post this notification or
(3)
(4)
(5)
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. 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.
The failure of a local government to comply with this section or the failure of a
(6)
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 apply to a local government when it
enforces KRS 65.8840.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 86, sec. 3, effective June 29, 2017. -- Created
2016 Ky. Acts ch. 86, sec. 11, effective July 15, 2016.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
