2017 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS .8840 Abatement of nuisance -- Exceptions -- Enforcement ordinance -- Lien -- Personal liability of property owner -- Right to farm exception.
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65.8840 Abatement of nuisance -- Exceptions -- Enforcement ordinance -- Lien -Personal liability of property owner -- Right to farm exception.
(1)
(2)
As used in this section:
(a) "Abatement costs" means a local government's necessary and reasonable costs
for and associated with clearing, preventing unauthorized entry to, or
demolishing all or a portion of a structure or premises, or taking any other
action with regard to a structure or premises necessary to remedy a violation
and to maintain and preserve public health, safety, and welfare in accordance
with any local government ordinance;
(b) "Automobile collector" means a person who collects and restores motor
vehicles;
(c) "Code enforcement board" means an administrative body created and acting
under the authority of KRS 65.8801 to 65.8839;
(d) "Code enforcement officer" means a city police officer, safety officer, citation
officer, county police officer, sheriff, deputy sheriff, university police officer,
airport police officer, or other public law enforcement officer with the
authority to issue a citation;
(e) "Imminent danger" means a condition which is likely to cause serious or lifethreatening injury or death at any time;
(f) "Local government" means any county, consolidated local government, urbancounty government, charter county government, unified local government, or
city of any class;
(g) "Ordinance" means an official action of a local government body, which is a
regulation of a general and permanent nature and enforceable as a local law
and shall include any provision of a code of ordinances adopted by a local
government which embodies all or part of an ordinance;
(h) "Ordinary public view" means a sight line within normal visual range by a
person on a public street or sidewalk adjacent to real property;
(i) "Owner" means a person, association, corporation, partnership, or other legal
entity having a legal or equitable title in real property;
(j) "Parts car" means an automobile that is not intended to be operated along
streets and roads, but is used to provide parts for the restoration of other
automobiles; and
(k) "Premises" means a lot, plot, or parcel of land, including any structures upon
it.
(a) The provisions of this section may be enforced through a code enforcement
board pursuant to KRS 65.8801 to 65.8839, or by any other means authorized
by law, including but not limited to direct enforcement through the enactment
of an ordinance as provided in subsection (6) of this section.
(b) If the provisions of this section are enforced through a code enforcement
board pursuant to KRS 65.8801 to 65.8839, the provisions of subsections (7),
(8), and (9) of this section shall not apply, and KRS 65.8801 to 65.8839 shall
(3)
(4)
(5)
(6)
(7)
supersede any conflicting provisions of this section.
Except as provided in subsection (4) of this section, it shall be unlawful for the
owner, occupant, or person having control or management of any premises within a
local government to permit a public nuisance, health hazard, or source of filth to
develop thereon through the accumulation of:
(a) Junked or wrecked automobiles, vehicles, machines, or other similar scrap or
salvage materials, excluding inoperative farm equipment;
(b) One (1) or more mobile or manufactured homes as defined in KRS 227.550
that are junked, wrecked, or inoperative and which are not inhabited;
(c) Rubbish; or
(d) The excessive growth of weeds or grass.
The provisions of subsection (3)(a) of this section shall not apply to:
(a) Junked, wrecked, or inoperative automobiles, vehicles, machines, or other
similar scrap or salvage materials located on the business premises of a:
1.
Licensed automotive recycling dealer as described in KRS 190.010(8);
2.
Used motor vehicle dealer as defined in KRS 190.010(6): or
3.
Motor vehicle auction dealer as defined in KRS 190.010(11);
(b) Junked, wrecked, or inoperative motor vehicles, including parts cars, stored on
private premises by automobile collectors, whether as a hobby or a profession,
if these motor vehicles and parts cars are stored out of ordinary public view by
means of suitable fencing, trees, shrubbery, or other means; and
(c) Any motor vehicle as defined in KRS 281.010 that is owned, controlled,
operated, managed, or leased by a motor carrier.
An owner shall not permit any structure upon his or her premises to become unfit
and unsafe for human habitation, occupancy, or use or to permit conditions to exist
on the structure or premises which are dangerous or injurious to the health or safety
of the occupants of the structure, the occupants of neighboring structures, or other
residents of the local government.
Any local government may establish by ordinance reasonable standards and
procedures for the enforcement of this section. The procedures shall comply with all
applicable statutes, administrative regulations, or codes. Any ordinance establishing
these procedures may be enforced by any means authorized by law. Proper notice
shall be given to owners before any action is taken pursuant to this section, and,
prior to the demolition of any unfit or unsafe structure, the right to a hearing shall be
afforded the owner.
Unless imminent danger exists on the subject premises that necessitates immediate
action, the local government shall send, within fourteen (14) days of a final
determination after hearing or waiver of hearing by the owner, a copy of the
determination to any lien holder of record of the subject premises by first-class mail
with proof of mailing. The lien holder of record may, within forty-five (45) days
from receipt of that notice, correct the violations cited 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, as
permitted by subsection (8) of this section.
(8) A local government shall have a lien against the property for all civil fines assessed
for the violation and for all charges and fees incurred by the local government in
connection with the enforcement of the ordinance, including abatement costs. The
affidavit of the code enforcement officer 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. The lien shall be notice to all
persons from the time of its recording and shall bear interest thereafter until paid.
The lien created shall take precedence over all other liens, except state, county,
school board, and city taxes, except as provided in subsection (9) of this section.
The local government shall possess the lien for ten (10) years following the date of
the final, nonappealable order of a code enforcement board or final judgment of the
court. The lien may be enforced by judicial proceeding.
(9) The lien provided in subsection (8) of this section shall not take precedence or
priority over a previously recorded lien if:
(a) The local government failed to provide the lien holder a copy of the
determination in accordance with subsection (7) of this section; or
(b) The lien holder received a copy of the determination as required by subsection
(7) of this section, and the lien holder corrected the violations 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.
(10) In addition to the remedy prescribed in subsection (6) of this section or any other
remedy authorized by law, the owner of a premises upon which a lien has been
attached pursuant to this section shall be personally liable for the amount of the lien,
including all civil fines assessed for the violation and all charges, fees, and
abatement costs incurred by the local government in connection with the
enforcement of the ordinance. The local government may bring a civil action
against the owner and shall have the same remedies as provided for the recovery of
a debt owed. The failure of a local government to comply with subsection (7) of this
section, and the failure of a lien to take precedence over previously filed liens as
provided in subsection (9) of this section, shall not limit or restrict any remedies
that the local government has against the owner of the premises.
(11) The provisions of subsections (6), (8), and (10) of this section shall not apply to an
owner, occupant, or person having control or management of any land located in an
unincorporated area if the owner, occupant, or person is not the generator of the
rubbish or is not dumping or knowingly allowing the dumping of the rubbish and
has made reasonable efforts to prevent the dumping of rubbish by other persons
onto the premises.
(12) The provisions of this section shall not be enforced by a county government upon
any premises situated in an unincorporated portion of the county that is assessed as
agricultural land for tax purposes by the property valuation administrator.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 86, sec. 13, effective July 15, 2016.
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