UNOFFICIAL COPY 24 RS BR 2110
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AN ACT relating to planning and zoning. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 65.8835 is amended to read as follows: 3
(1) The local government shall possess a lien on property owned by the person found 4
by a nonappealable final order as defined by KRS 65.8805(8), or by a final 5
judgment of the court, to have committed a violation of a local government 6
ordinance, including an ordinance concerning planning and zoning or land use 7
under KRS Chapter 100. The lien shall be for all civil fines assessed for the 8
violation and for all charges and fees incurred by the local government in 9
connection with the enforcement of the ordinance, including abatement costs. An 10
affidavit of the code enforcement officer shall constitute prima facie evidence of the 11
amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to 12
65.8839. The lien: 13
(a) Shall be recorded in the office of the county clerk; 14
(b) Shall be notice to all persons from the time of its recording and shall bear 15
interest until paid; 16
(c) Subject to KRS 65.8836, shall take precedence over all other liens, except 17
state, county, school board, and city taxes; 18
(d) Shall continue for ten (10) years following the date of the nonappealable final 19
order, or final judgment of the court; and 20
(e) May be enforced by judicial proceedings, including an action to foreclose. 21
(2) In addition to the remedy prescribed in subsection (1) of this section, the person 22
found to have committed the violation shall be personally responsible for the 23
amount of the lien, including all civil fines assessed for the violation and for all 24
charges, fees, and abatement costs incurred by the local government in connection 25
with the enforcement of the ordinance. The local government may bring a civil 26
action against the person and shall have the same remedies as provided for the 27 UNOFFICIAL COPY 24 RS BR 2110
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recovery of a debt. 1
(3) Nothing in this section shall otherwise affect the rights or obligations between the 2
owner of the property and those persons who claim a security interest in the 3
property. 4
Section 2. KRS 100.991 is amended to read as follows: 5
(1) Any person or entity who violates any of the provisions of KRS 100.201 to 100.347 6
or any of the regulations adopted pursuant thereto for which no other penalty is 7
provided, shall upon conviction, be fined not less than ten dollars ($10) but not 8
more than five hundred dollars ($500) for each conviction. Each day of violation 9
shall constitute a separate offense. 10
(2) Any person, owner or agent who violates this chapter shall, upon conviction, be 11
fined not less than one hundred dollars ($100) nor more than five hundred dollars 12
($500) for each lot or parcel which was the subject of sale or transfer, or a contract 13
for sale or transfer. 14
(3) Any person who intentionally violates any provision of KRS 100.3681 to 100.3684 15
shall be guilty of a misdemeanor punishable by a fine of not less than one hundred 16
dollars ($100) nor more than five hundred dollars ($500). 17
(4) A commission may appoint enforcement officers who shall have authority to issue 18
citations for violations of this chapter which the officer has observed, but shall not 19
have powers of peace officers to make arrests or carry deadly weapons. The 20
defendant shall appear within a designated time pursuant to the citation. 21
(5) The procedure for citations issued by an enforcement officer shall be as provided in 22
KRS 431.015. 23
(6) A local government shall possess a lien on property owned by any person found 24
to be in violation of an ordinance created pursuant to this chapter. Any lien 25
created pursuant to this subsection may be administered in a manner consistent 26
with Section 1 of this Act. Nothing contained in this subsection shall prohibit the 27 UNOFFICIAL COPY 24 RS BR 2110
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enforcement of violations of the provisions of this chapter by any other means 1
authorized by law. 2