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SB 135/LM (BR 1365) - J. Westwood

     AN ACT relating to the enforcement of local government ordinances.
     Amend KRS 65.8821 relating to the Local Government Code Enforcement Act allowing the assignment of a hearing officer to conduct hearings related to code enforcement on behalf of the board and to require those serving as hearing officers to take training relative to the conduct of administrative hearings pursuant to KRS 13B.080 as well as allowing the hearing officers to administer oaths; amend KRS 65.8825 to set procedure for issuing citations by either personal service to the alleged violator, leaving a copy with a person of majority age on the premises in the absence of the alleged violator, or in the absence of all persons on the property, to conspicuously post a copy of the citation and to mail a copy of the citation to the owner of record; amend KRS 65.8828 to specify that the code enforcement board conducts the hearing or upon the receipt of recommendations of a hearing officer that the board determines whether a violation was committed, and require the hearing officer, when conducting hearings to make written findings of fact, conclusions of law, and recommendations for consideration by the board who will then make the final determination, as well as requiring each final order of the board to include in writing the findings and conclusions of the board; amend KRS 65.8815 to set out what constitutes quorum of the board; amend KRS 82.615 relating to parking enforcement to require owners of vehicles cited for parking violations who have not responded to the notice within 7 days to be sent a second notice by first-class mail rather than certified mail; amend KRS 82.700 relating to local nuisance enforcement to allow all local governments to participate in the Local Government Nuisance Code Enforcement Act, establish appointing authority for the respective local government officers making appointments to it, and add a definition of "owner"; amend KRS 82.715 to extend from 7 days to 30 days the amount of time an appeal from a hearing board's determination may be made to the appropriate District Court.


     SCS/LM - Retain original provisions of the bill;amend Section 6 to include definition of "abatement costs", and "premises" and to modify definition of "owner"; amend KRS 82.715 to provide that an ownersof property in violation of nuisance code is also responsible for the payment of abatement costs; and add and amend KRS 82.720 to provide that a local government possess a lien on abatement costs imposed pursuant to KRS 82.700 to 82.725; add a new section of KRS 82.700 to 82.725 that provides that the provisions of KRS 82.700 to 82.725 are not enforced by a county government upon property in unincorporated areas of the county that are assessed as agricultural land; add and amend KRS 381.770 to add the definition of "imminent danger" and provide that unless imminent danger exists, the local government shall send notice of the determination within 14 days of a final determination or a waiver of hearing;authorize the lien holder to correct the violations or pay the fines, penalties, and costs incurred to remedy the situation within 45 days of receipt of the notice; provide that the lien of a local government shall not take precedence over that of another lien holder if the local government failed to provide a copy of the determination to the lien holder, or a copy was received by the lien holder and the violations were corrected, or the fines, penalty charges, and costs were paid; provide that if the lien of the local government does not take precedence over another lien holder's lien, the local government remedies against the property owner will not be limited or restricted.
     HFA (1/Title, T. Thompson) - Make title amendment.
     HFA (2, T. Thompson) - Add and amend KRS 134.452, relating to third-party purchasers of delinquent taxes, to provide that the third-party purchaser shall not receive attorneys' fees for filing notices prior to litigation and to provide that fees incurred for determining the mortgage holder of record's address from the office of the county clerk shall not exceed $100; add and amend KRS 134.490 to require the notices sent to the delinquent taxpayer also be sent to the mortgage holder of record; require the third-party purchaser to obtain the address of the taxpayer from the property valuation administrator's listed address for the taxpayer and the address for the mortgage holder of record from the official indexes of the county clerk; authorize the mortgage holder of record to obtain a copy of notices returned as undeliverable from the department of revenue; require the lien release for the delinquent taxes be in accordance with KRS 382.365; add and amend KRS 134.990 to provide that a third-party purchaser who knowingly commits specified acts shall be subject to revocation of registration and prohibited from participating in future sales of certificates of delinquency, in addition to existing fines.
     HFA (3, A. Simpson) - Delete Section 5 of the bill relating to parking enforcement, 2nd notice of violation.

     Feb 9-introduced in Senate
     Feb 11-to State & Local Government (S)
     Feb 14-taken from State & Local Government (S); 1st reading; returned to State & Local Government (S)
     Feb 15-taken from State & Local Government (S); 2nd reading; returned to State & Local Government (S)
     Feb 17-reported favorably, to Rules with Committee Substitute
     Feb 18-posted for passage in the Regular Orders of the Day for Friday, February 18, 2011; 3rd reading, passed 33-0 with Committee Substitute
     Feb 22-received in House
     Feb 23-to Local Government (H)
     Feb 24-posting waived; posted in committee
     Feb 28-reported favorably, 1st reading, to Consent Calendar
     Mar 1-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Wednesday, March 2, 2011; floor amendments (1-title) (2) and (3) filed
     Mar 2-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; floor amendment (2) withdrawn
     Mar 3-3rd reading, passed 88-0; received in Senate; enrolled, signed by President of the Senate
     Mar 4-enrolled, signed by Speaker of the House; delivered to Governor
     Mar 16-signed by Governor

Vote History
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