99.790 Petition for appointment of conservator for abandoned and blighted
381 words·~2 min read·
/ky/99-790A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
building.
(1)A petition for the appointment of a conservator to take possession of and undertake
the rehabilitation of an abandoned and blighted building shall be filed in the Circuit
Court in the county in which the building is located by the city or county in which
the building is located. The proceeding on the petition shall constitute an action in
rem.
(2)The petition shall include:
(a)The name and last known address of the owner of the vacant building;
(b)Copies of citations charging the owner with being in violation of local
housing, building, plumbing, electrical, fire, health, or nuisance code
requirements, including proof of service pursuant to KRS 65.8825(2);
(c)A schedule of recorded liens or other encumbrances on the property, including
the names and addresses of all lienholders;
(d)Assessed value of the property for tax purposes;
(e)A recommendation as to which person or entity should be appointed
conservator, including the qualifications of the person or entity;
(f)A preliminary plan, including the current condition of the building,
photographs, initial estimates for costs of rehabilitation of the building to
bring it into compliance with all applicable housing, building, electrical, fire,
health, and nuisance code requirements charged in the citations, and an
estimated timeline for completion;
(g)Anticipated funding sources for the preliminary plan; and
(h)A sworn statement by the petitioner that, to the best of his or her knowledge
and belief:
1. The building meets the conditions for conservatorship set forth in KRS
99.800;
2. The building has not been legally occupied for at least the previous
twelve
(12)months;
3. The property has not been actively marketed within the previous sixty
(60)days;
4. The property is not subject to a pending foreclosure action by an
individual or nongovernmental entity;
5. The property is not subject to an outstanding mortgage held by a bank or
other creditor with a recorded security interest in the property, unless
waived by the bank or other creditor; and
6. The owner has been the holder of title to the property for six
(6)months
or more.
(3)Upon filing the petition with the court, the petitioner shall file a notice of lis
pendens in the office of the clerk of the county in which the property is located.