[Adopted 9-11-1978 by Ord. No. 23 (Ch. 93, §§ 93.10,
93.11, 93.12 and 93.99(B), of the 1993 Code)]
Every person, firm or corporation who or which improves land
or changes the contour of land in any manner, except agricultural
cultivation, shall be responsible for the protection against erosion,
silt control and reestablishing of permanent ground cover.
A.
Every such person, firm or corporation shall be responsible for the
cleaning of all accepted County streets and roads in or upon which
soil or other matter has been deposited from such lands.
B.
Upon sworn complaint being made, the Henderson County Attorney shall
give written notice by certified mail to the owner of the premises
at the last known address, to remove any mud and silt from the County
streets and roads in question and, in the event the owner fails or
refuses to remove such debris, then the County shall have the right
to clean such streets or roads, or to employ other persons, firms
or corporations to do so. In such event, the person, firm or corporation
responsible for the deposit of soil or other matter upon the streets
or roads shall be responsible or liable to the County for the reasonable
expenses incurred therein, including but not limited to prevailing
wages in accordance with standards set by the United States Department
of Labor, the prevailing equipment costs in the County and the administrative
costs to the County.
A.
It shall be unlawful for the owner, occupant, or person having control
or management of any land within the County to permit a public nuisance,
health hazard, or source of filth to develop thereon.
B.
Whenever a nuisance situation is discovered, the executive authority
of the County shall give five days' written notice to remedy the nuisance
situation. The notice shall be mailed to the last known address of
the owner of property, as it appears on the current tax assessment
roll. Upon the failure of the owner of the property to comply, the
authorized County official is authorized to send employees upon the
property to remedy the situation.
C.
The County shall have a lien against the property for the reasonable
value of labor and materials used in remedying the nuisance situation.
The affidavit of the authorized County official shall constitute prima
facie evidence of the amount of the lien and the regularity of the
proceedings pursuant to KRS 381.770 and 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 established by the County thereafter 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 proceeding. In addition to this remedy or any other remedy
authorized by law, the owner of a property upon which a lien has been
attached pursuant to this section shall be personally liable for the
amount of the lien, including all interest, civil penalties, and other
charges, and the County may bring a civil action against the owner
and shall have the same remedies as provided for the recovery of a
debt owed. (KRS 381.770)
Any person, firm or corporation violating any of the provisions of §§ 214-3 through 214-5 shall, in addition to paying the County such charges incurred by the County as set forth herein, be guilty of a misdemeanor punishable by a fine not less than $10 nor more than $100 for each offense. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
