99.815 Powers and duties of conservator -- Obligations of owner -- Sale or transfer

386 words·~2 min read·/ky/99-815

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

of property by owner subject to conservatorship.

(1)The conservator shall have all powers and duties necessary in order to bring the

building into compliance with all applicable housing, building, and nuisance code

requirements and to fulfill the conservator's responsibilities under KRS 99.780 to

99.855. A conservator's powers and duties shall include but not be limited to:

(a)Taking possession and control of the building and appurtenant land subject to

the conservatorship;

(b)Pursuing all claims or causes of action of the owner with respect to the

building;

(c)Contracting for the repair and maintenance of the building. The conservator

shall make a reasonable effort to solicit three

(3)bids for contracts valued at

more than thirty thousand dollars ($30,000);

(d)Borrowing money or incurring indebtedness for costs of rehabilitation of the

building as set out in KRS 99.820;

(e)Contracting for and paying for the restoration of utilities to the building;

(f)Applying for and obtaining construction permits;

(g)Purchasing materials, goods, and supplies to accomplish repairs to the

building;

(h)Renewing or entering into contracts providing for insurance coverage on the

building;

(i)Engaging and paying legal, accounting, appraisal, and other professionals

necessary to aid the conservator in the conduct of the conservatorship;

(j)If the building has been designated an historic structure, consulting with the

local government’s historical commission or board of historical and

architectural review, a local historic preservation organization or, in the

absence thereof, the Kentucky Heritage Council for recommendations on

preserving the property’s historic character;

(k)Applying for and receiving public grants or loans;

(l)Selling the building as set out in KRS 99.835; and

(m)Exercising all authority that an owner of the building would have to

rehabilitate and maintain the building.

(2)Notwithstanding the appointment of a conservator, nothing in KRS 99.780 to

99.855 shall be construed to relieve the owner of any civil or criminal liability or of

any obligation to pay taxes, local government liens and charges, private liens, or

other fees or charges, whether incurred before or after the appointment of the

conservator, and no such liability shall transfer to the conservator.

(3)If any interest in the property subject to conservatorship is sold or transferred by the

owner during the pendency of the conservatorship, the sale or transfer shall be

subject to the conservatorship.