99.785 Definitions for KRS 99.780 to 99.855.
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/ky/chapter-99/99-785A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 99.780 to 99.855, unless the context otherwise requires:
(1)"Abandoned and blighted property" means a residential, commercial, or industrial
building that has been continuously vacant for at least one
(1)year with repeated
housing, building, or nuisance code citations and at least three
(3)of the following
conditions:
(a)The building has not been brought into compliance with the housing, building,
or nuisance code requirements of the local government in which it is located
within time constraints placed upon the owner by the appropriate code
enforcement agency or agencies;
(b)The building is unfit for human habitation, occupancy, or use;
(c)The condition and vacancy of the building materially increases the risk of fire
to the building and to adjacent properties;
(d)The building, by reason of neglect or lack of maintenance, has become a place
for the accumulation of substantial trash and debris or a haven for rodents or
other vermin that create potential health and safety hazards;
(e)The building is subject to unauthorized entry leading to potential health and
safety hazards, and either the owner has failed to take reasonable and
necessary measures to secure the building or the local government has secured
the building in order to prevent such hazards after the owner has failed to do
so;
(f)The building is an attractive nuisance to children or for illicit purposes,
including drug use and vagrancy; or
(g)The building, because of its dilapidated appearance or other conditions,
substantially negatively affects the economic well-being of residents or
businesses in close proximity to the building;
(2)"Actively marketed" means:
(a)A "for sale" sign has been placed on the property with accurate contact
information;
(b)The owner has engaged the services of a licensed real estate agent, placed
weekly or more frequent advertisements in print, or listed the property for sale
in electronic media via a Web site specifically designed for such activity; and
(c)The owner has made a good-faith effort to sell the property at a price that
reflects the circumstances and market conditions;
(3)"Building" means a residential, commercial, or industrial building or structure and
the land appurtenant thereto;
(4)"Competent entity" means a person or entity, including a nonprofit corporation,
with experience in the rehabilitation of residential, commercial, or industrial
buildings and the ability to provide or obtain the necessary financing for such
rehabilitation;
(5)"Conservator" means a competent entity appointed by a court to take possession of
and undertake the rehabilitation of an abandoned and blighted building;
(6)"Conservator’s fee" for rehabilitation or demolition of an abandoned and blighted
building means a fee equal to the greater of:
(a)A reasonable amount not to exceed twenty percent (20%) of the actual costs
incurred by a conservator for rehabilitation or demolition of the building as
described in the plan for rehabilitation or demolition approved by the court; or
(b)Fifteen percent (15%) of the sale price of the property;
(7)"Costs of rehabilitation" means costs and expenses for construction, stabilization,
rehabilitation, maintenance, or demolition, including reasonable nonconstruction
costs associated with the project, including but not limited to architectural,
engineering, legal fees and costs, permits, financing fees, and a conservator's fee;
(8)"Historic structure" means a property which is listed on the National Register of
Historic Places, is a contributing property in a national register historic district, or is
designated an historic property by the Kentucky Heritage Council;
(9)"Immediate family" means a parent, spouse, child, brother, or sister;
(10)"Local government" has the same meaning as in KRS 99.705;
(11)"Nonprofit corporation" means a corporation recognized by the United States
Internal Revenue Service as being tax exempt under 26 U.S.C. sec. 501(c) that has,
as one
(1)of its purposes, remediation of blight, economic development, historic
preservation, or the promotion or enhancement of affordable housing opportunities;
(12)"Owner":
(a)Means the holder or holders of title to, or of a legal or equitable interest in, a
residential, commercial, or industrial building for six
(6)months or more; and
(b)Includes an heir, assignee, trustee, beneficiary, and lessee, provided the
ownership interest is a matter of public record;
(13)"Party in interest" means a person or entity that has a direct and immediate interest
in a residential, commercial, or industrial building, including:
(a)The owner;
(b)Any lienholder with a recorded interest in the property; and
(c)The city and county in which the building is located;
(14)"Rehabilitation" means improvements to a building in order to bring it into
compliance with all applicable housing, building, and nuisance code requirements;
and
(15)"Vacant" means abandoned, unoccupied, or empty continuously for at least one
year, excluding unauthorized or illegal occupancies.