KRS 99.790: Petition for appointment of conservator for abandoned and blighted

building.

(1) A petition for the appointment of a conservator to take possession of and undertake

the rehabilitation of an abandoned and blighted building shall be filed in the Circuit

Court in the county in which the building is located by the city or county in which

the building is located. The proceeding on the petition shall constitute an action in

rem.

(2) The petition shall include:

(a) The name and last known address of the owner of the vacant building;

(b) Copies of citations charging the owner with being in violation of local

housing, building, plumbing, electrical, fire, health, or nuisance code

requirements, including proof of service pursuant to KRS 65.8825(2);

(c) A schedule of recorded liens or other encumbrances on the property, including

the names and addresses of all lienholders;

(d) Assessed value of the property for tax purposes;

(e) A recommendation as to which person or entity should be appointed

conservator, including the qualifications of the person or entity;

(f) A preliminary plan, including the current condition of the building,

photographs, initial estimates for costs of rehabilitation of the building to

bring it into compliance with all applicable hous ing, building, electrical, fire,

health, and nuisance code requirements charged in the citations, and an

estimated timeline for completion;

(g) Anticipated funding sources for the preliminary plan; and

(h) A sworn statement by the petitioner that, to the b est of his or her knowledge

and belief:

1. The building meets the conditions for conservatorship set forth in KRS

99.800;

2. The building has not been legally occupied for at least the previous

twelve (12) months;

3. The property has not been actively marketed within the previous sixty

(60) days;

4. The property is not subject to a pending foreclosure action by an

individual or nongovernmental entity;

5. The property is not subject to an outstanding mortgage held by a bank or

other creditor with a recorded security interest in the property, unless

waived by the bank or other creditor; and

6. The owner has been the holder of title to the property for six (6) months

or more.

(3) Upon filing the petition with the court, th e petitioner shall file a notice of lis

pendens in the office of the clerk of the county in which the property is located.