262.430 Board may file petition to compel observance of land-use regulations.

315 words·~1 min read·/ky/chapter-262/262-430

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

(1)Where a board finds that any of the provisions of land-use regulations are not being

observed on particular lands, and that the nonobservance tends to increase erosion

on those lands and is interfering with the prevention or control of erosion on other

lands within the district, the board may present to the Circuit Court of the county in

which the lands of the defendant lie a verified petition setting forth the adoption of

the ordinance prescribing land-use regulations, the failure of the defendant

landowner or occupier to observe the regulations and to perform particular work,

operations or avoidances as required by the regulations, and that such

nonobservance tends to increase erosion on the lands and is interfering with the

prevention or control of erosion on other lands within the district. In all cases where

the person in possession of lands is not the owner, the owner of the lands shall be

joined as party defendant. The petition shall pray the court to require the defendant

to perform the work, operations or avoidances within a reasonable time and to order

that if the defendant fails to perform the board may go on the land, perform the

work or other operations, or otherwise bring the condition of the lands into

conformity with the regulations, and recover the costs and expenses thereof, with

interest, from the defendant.

(2)Upon the presentation of the petition, the court shall cause process to be issued

against the defendant and shall hear the case. If it appears to the court that testimony

is necessary for the proper disposition of the matter, it may take evidence or appoint

a referee to take such evidence as it may direct, and report the evidence to the court

with his findings of fact and conclusions of law, which shall constitute a part of the

proceedings upon which the determination of the court shall be made.