381.780 Removal of open toilets in urban-county government, city of the first class,

308 words·~1 min read·/ky/381-780

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

or city of the home rule class -- Lien on property for cost of removal.

(1)The maintenance of an outdoor toilet not connected to a septic tank or sewer

system, hereinafter called an open toilet, within the boundaries of an urban-county

government, a city of the first class, or a city of the home rule class is hereby

declared to be a public nuisance.

(2)When an open toilet is discovered, the director of sanitation or other responsible

officer designated by the city legislative body shall give written notice to the

property owner to remove the open toilet and fill the toilet pit within ten

(10)days

after the date of the notice. The notice shall be mailed to the last known address of

the property owner, as it appears on the current tax assessment roll. Upon failure of

the owner of the property to comply with the terms of the notice, the director of

sanitation or other responsible officer designated by the urban-county government

or city legislative body is authorized to send employees upon the property to remove

the open toilet and fill the toilet pit.

(3)The urban-county government or city shall have a lien against the property for the

reasonable cost of labor and materials used in removing the open toilet and filling

the toilet pit. The affidavit of the director of sanitation or other responsible officer

designated by the urban-county government or city 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 in the county

where the urban-county government or city is located. The lien shall be notice to all

persons from the time of its recording and shall bear interest at six percent (6%) per

annum thereafter until paid.