[HISTORY: Adopted by the Fiscal Court of Henderson County as indicated in article histories. Amendments noted where applicable.]
Article I Rural Lots and Acreage
[Adopted 11-24-1992 by Ord. No. 30 (Ch. 130, § 130.02, of the 1993 Code)]
It shall be unlawful to maintain any lot or other acreage in the County in any unincorporated area which is not zoned agricultural on which rubbish is allowed to accumulate or excessive amounts of weeds are allowed to grow.
Excessive amounts of weeds shall be defined as those in excess of 12 inches high in platted subdivisions and 18 inches high in other non-agriculturally zoned property in the County, if:
All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
It shall be unlawful for the owner, occupant or person having control or management of any land in an unincorporated area to knowingly permit a public nuisance or health hazard to develop thereon through the accumulation of rubbish or excessive weeds that cause a nuisance due to rodent, insect, reptile or mosquito harborage.
If any owner, occupant or person shall permit or suffer on his premises, of which he may be the agent or occupant, any of the above described conditions, he shall be subject to the fines and penalties hereinafter provided.
Any person violating or assisting in the violation of any part of § 195-1, wherein noxious weeds, excessive weeds or rubbish have been allowed to develop, shall, upon conviction, be fined not less than $20 nor more than $220 for each offense, and each day's continuance of the condition shall constitute a separate offense; unless it is further found that the person violated or assisted in the violation of any part of § 195-1 and is also in violation of § 195-2 in that said violation allowed a public nuisance to develop or health hazard to exist through the accumulation of rubbish, or a nuisance due to rodent, insect, reptile or mosquito harborage, and after receiving the notice required in Subsection B below, the person violating or assisting in the violation fails within 30 days to remove the health hazard and/or abate the public nuisance, then in that event, upon a conviction, said persons shall be fined not less than $100 nor more than $500 and/or be imprisoned in the Henderson County Detention Center for a period of not more than 30 days.
In the event of a violation of §§ 195-1 and/or 195-2, the prosecuting witness or peace officer shall give personal notice to the violator, the owner, occupant or agent to remove the cause of the violation at his expense within a time specified in the notice, no more than 30 days. Such notice shall be served by a peace officer by delivering a copy thereof to the owner, occupant or agent of such property or by mailing a copy thereof by registered mail. If there is no owner or agent upon whom the notice can be served, then the peace officer shall post a written or printed notice upon the property or premises, setting forth that unless the nuisance is removed or abated within a time specified in the notice, the same may be abated at the expense of the owner, occupant or agent.
Pursuant to KRS 381.770(5), in the event the County, through its own employees or through hiring of an independent third party, removes or abates any grass, weeds, rubbish, public nuisance or health hazard, then in that event the County shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at the rate of 12% per annum until paid. The lien created shall take precedence over all other subsequent liens, except state, County, school board and city taxes, and may be enforced by judicial proceedings.
The County Treasurer shall enter upon a book provided for such purpose the amount of the cost of removing or abating any rubbish, excessive growth of weeds or grasses, which the County incurred, including labor and materials for the work performed. The County Treasurer shall also prepare and mail a bill for said amount to the last known address of the owner as it appears on the current property tax roll.
If after 30 days following the date of the billing the bill remains unpaid, the County Treasurer will cause to be filed in the County Court Clerk's office a statement of the costs of labor and materials incurred by the County and that amount contained therein will constitute a good, lawful and valued lien against such property, and the same shall constitute a notice to all persons from the time of its recording and shall bear interest at the rate of 12% per annum thereafter until paid.
The provisions of §§ 195-1, 195-2 and 195-3A of this chapter shall not apply to an owner, occupant or person having control or management of any land located in an unincorporated area if the owner, occupant or person is not the generator of the rubbish or is not dumping or knowingly allowing the dumping of the rubbish and has made reasonable efforts to prevent the dumping of rubbish by other persons onto the property.