§ 152.05. REPAIR, VACATION OR DEMOLITION OF STRUCTURE ON FAILURE OF OWNER TO ACT; COSTS CREATE A LIEN.
Latest version.
(A) If the owner fails to comply with an order to repair, alter, or improve, the Public Officer may cause the structure to be repaired, altered, improved, or vacated and closed. The Public Officer may cause to be posted on the main entrance of any structure so closed, a placard with the following words:
“This building is unfit for human habitation, occupancy or use; the use or occupation of this building for human habitation, occupancy or use, is prohibited and unlawful.”
(B) If the owner fails to comply with an order to remove or demolish the structure (as set forth in § 152.04(B)), the Public Officer may cause such structure to be removed or demolished.
(C) The city shall have a lien, against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the responsible Public Officer or his or her designee shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this chapter 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 provided that the notice to any lien holder as specified in § 152.04. The lien provided herein shall not take precedence or priority over a previously recorded lien if the city failed to provide the lien holder a copy of the determination in accordance with § 152.04 or if the lien holder which received a copy of the determination as required by § 152.04 corrected the violation or paid the fines, penalty charges and costs incurred in remedying the violation.
(D) As set forth above, the amount of the cost of repairs, alterations, or improvements; or of vacation and closing; or of removal or demolition shall be a lien upon the real property upon which such cost was incurred. If the structure is removed or demolished by the Public Officer, he shall sell the marketable materials of the structure and shall credit the proceeds of such sale against the cost of the removal or demolition. Any balance remaining shall be deposited in the office of the Grayson County Circuit Court Clerk by the Public Officer and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of the court.
(D) Additionally, the city may seek such judicial relief in the Grayson Circuit Court as may be appropriate, including but not limited to equitable relief. Pursuant to KRS 331.770, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties,, and other charges.
