{"data":{"id":"us-ky/krs-65.8836","jurisdiction":"us-ky","citation":"KRS 65.8836","heading":"System for notification of lienholder -- Requirements -- Correction of","body":"violation -- Precedence of lien.\n(1) A local government adopting the provisions of KRS  65.8801 to 65.8839 shall\nimplement a system for notification to lienholders that meets the minimum\nrequirements of subsection (2) of this section and shall comply with the\nprocedures to permit remedial action by lienholders as provided in subsection\n(3) of this section in order to obtain and maintain the lien priority over\npreviously filed liens granted in KRS 65.8835.\n(2) A local government shall create a notification system that provides lienholders\nand  others that elect to do so with electronic notifications of all final orders\nentered pursuant to KRS  65.8801 to 65.8839. The system shall meet the\nfollowing minimum requirements:\n(a) An  individual or entity may register with the local government to receive\ninformation on each final order by providing a name, mailing address,\nphone  number,  and  an  electronic mailing address  to the local\ngovernment. The local government shall accept this information in any\nform  submitted by a registrant. It shall be the responsibility of the\nregistrant to maintain and update its contact information with the local\ngovernment, except that a local government shall inform a registrant of\nany evidence the local government receives that the electronic mailing\naddress is invalid or not functional in order to provide the registrant an\nopportunity to submit an updated electronic mailing address;\n(b) No  less than once a month but no more frequently than once per week,\nthe local government shall send electronic mail notification of all final\norders issued pursuant to the provisions of KRS 65.8801 to 65.8839 since\nthe last date of notification to each party registered pursuant to paragraph\n(a) of this subsection. The notification shall, at a minimum, include or\nprovide an electronic link to a document  or database meeting the\nrequirements of this paragraph that includes:\n1. The name of the person charged with a violation;\n2. The physical address of the premises where the violation occurred;\n3. The last known mailing address for the owner of the premises where\nthe violation occurred if, in the exercise of reasonable diligence, it is\nascertainable.\n4. A  specific description of the citation leading to the final order,\nincluding the citation detail set forth in KRS  65.8825(4)(a) to (h),\nwhich may be satisfied by including a copy of the full citation;\n5. The  findings of the final order, including the penalty or penalties\nimposed  by the final order, which may be satisfied by providing a\ncopy of the full final order; and\n6. The status of the final order in regards to its ability to be appealed\npursuant to KRS  65.8831, except that the local government shall\nprovide an update to registrants if an appeal is filed on a final order\npursuant to KRS 65.8831;\n(c) At the same time the electronic notification required under paragraph (b)\nof this subsection is sent, a local government shall post this notification or\nprovide a summary  of the information regarding each final order required\nby paragraph (b) of this subsection in a conspicuous place on its public\nWeb  site, which shall be affiliated with the local government and contain\nother information about the local government. If the local government\nposts using summary form:\n1. The  summary  shall be calculated to reasonably allow identification\nof the specific properties which may be impacted by the lien; and\n2. Upon  request, the local government shall provide the complete\nrecord of a final order created under paragraph (b) of this subsection\nwithout charge; and\n(d) A  local government  shall maintain the records created under this\nsubsection for a period of ten (10) years following their issuance.\n(3) (a) A  lien holder of record may, within forty-five (45) days from the date of\nissuance of notification under subsection (2) of this section, correct the\nviolation if it has not already been abated, or elect to pay all civil fines\nassessed for the violation and all charges and fees incurred by the local\ngovernment  in connection with the enforcement of the ordinance,\nincluding abatement costs. This subsection shall not prohibit the local\ngovernment  from taking immediate action if necessitated under KRS\n65.8838.\n(b) The  lien provided by KRS  65.8835 shall not take precedence over\npreviously recorded liens if:\n1. The  local government failed to comply with the requirements of\nsubsection (2) of this section for notification of the final order; or\n2. A  prior lienholder corrected the violation or paid all civil fines\nassessed for the violation and all charges and fees incurred by the\nlocal government  in connection with the enforcement of the\nordinance, including abatement costs within forty-five (45) days as\nprovided in paragraph (a) of this subsection.\n(c) A lien that does not take precedence over previously recorded liens under\nthe circumstances outlined in paragraph (b) of this subsection, shall, if the\nfinal order remains partially unsatisfied, take precedence over all other\nsubsequent liens except liens for state, county, school board and city\ntaxes.\n(d) Nothing contained in this subsection shall prohibit a local government\nfrom recording a lien before the forty-five (45) day period established in\nparagraph (a) of this subsection expires. If the lien is fully satisfied prior to\nthe expiration of the forty-five (45) day period established in paragraph (a)\nof this subsection, the local government shall release the lien in the\ncounty clerk's office where the lien is recorded within fifteen (15) days of\nsatisfaction.\n(4) The  local government may  delegate responsibility for compliance with this\nsection to the code enforcement board or its administrative staff as specified in\nthe  ordinance establishing and  governing the operation of the code\nenforcement board.\n(5) The failure of a local government to comply with this section or the failure of a\nlien to take precedence over previously filed liens as provided in subsection\n(3)(b) of this section, shall not limit or restrict any other remedies that the local\ngovernment has against the property or the violator.\n(6) The requirements of this section shall not apply to a local government when it\nenforces KRS 65.8840.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46456","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:23Z","sha256":"15715d3ca9ac7a7f3a3964d28a084d739e95caaa3a8295d8c4a32d84f1202e7f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.8835","next":"us-ky/krs-65.8838"},"notice":"GroundRules: Original legal text. Not legal advice."}