65.8835 Lien -- Recording -- Responsibility for fines, charges, and fees.
307 words·~1 min read·
/ky/chapter-65/65-8835A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The local government shall possess a lien on property owned by the person found
by a nonappealable final order as defined by KRS 65.8805(8), or by a final
judgment of the court, to have committed a violation of a local government
ordinance. The lien shall be for all civil fines assessed for the violation and for all
charges and fees incurred by the local government in connection with the
enforcement of the ordinance, including abatement costs. An affidavit of the code
enforcement officer shall constitute prima facie evidence of the amount of the lien
and the regularity of the proceedings pursuant to KRS 65.8801 to 65.8839. The lien:
(a)Shall be recorded in the office of the county clerk;
(b)Shall be notice to all persons from the time of its recording and shall bear
interest until paid;
(c)Subject to KRS 65.8836, shall take precedence over all other liens, except
state, county, school board, and city taxes;
(d)Shall continue for ten
(10)years following the date of the nonappealable final
order, or final judgment of the court; and
(e)May be enforced by judicial proceedings, including an action to foreclose.
(2)In addition to the remedy prescribed in subsection
(1)of this section, the person
found to have committed the violation shall be personally responsible for the
amount of the lien, including all civil fines assessed for the violation and for all
charges, fees, and abatement costs incurred by the local government in connection
with the enforcement of the ordinance. The local government may bring a civil
action against the person and shall have the same remedies as provided for the
recovery of a debt.
(3)Nothing in this section shall otherwise affect the rights or obligations between the
owner of the property and those persons who claim a security interest in the
property.