{"data":{"id":"us-ky/krs-65.8840","jurisdiction":"us-ky","citation":"KRS 65.8840","heading":"Abatement of nuisance -- Exceptions -- Enforcement ordinance -- Lien --","body":"Personal liability of property owner -- Right to farm exception.\n(1) As used in this section:\n(a) \"Abatement costs\" means a local government's necessary and reasonable costs\nfor and associated with clearing, preventing unauthorized entry to, or\ndemolishing all or a portion of a structure or premises, or taking any other\naction with regard to a structure or premises necessary to remedy a violation\nand to maintain and preser ve public health, safety, and welfare in accordance\nwith any local government ordinance;\n(b) \"Automobile collector\" means a person who collects and restores motor\nvehicles;\n(c) \"Code enforcement board\" means an administrative body created and acting\nunder the authority of KRS 65.8801 to 65.8839;\n(d) \"Code enforcement officer\" means a city police officer, safety officer, citation\nofficer, county police officer, sheriff, deputy sheriff, university police officer,\nairport police officer, or other public law en forcement officer with the\nauthority to issue a citation;\n(e) \"Imminent danger\" means a condition which is likely to cause serious or life -\nthreatening injury or death at any time;\n(f) \"Local government\" means any county, consolidated local government,\nurban-county government, charter county government, unified local\ngovernment, or city of any class;\n(g) \"Ordinance\" means an official action of a local government body, which is a\nregulation of a general and permanent nature and enforceable as a local law\nand shall include any provision of a code of ordinances adopted by a local\ngovernment which embodies all or part of an ordinance;\n(h) \"Ordinary public view\" means a sight line within normal visual range by a\nperson on a public street or sidewalk adjacent to real property;\n(i) \"Owner\" means a person, association, corporation, partnership, or other legal\nentity having a legal or equitable title in real property;\n(j) \"Parts car\" means an automobile that is not intended to be operated along\nstreets and roads, but is used to provide parts for the restoration of other\nautomobiles; and\n(k) \"Premises\" means a lot, plot, or parcel of land, including any structures upon\nit.\n(2) (a) This section may be enforced through a code enforcement board pursuant to\nKRS 65.8801 to 65.8839, or by any other means authorized by law, including\nbut not limited to direct enforcement through the enactment of an ordinance as\nprovided in subsection (7) of this section.\n(b) If this section is enforced through a code enforcement board pursuant to KRS\n65.8801 to 65.8839, subsections (8), (9), and (10) of this section shall not\napply, and KRS 65.8801 to 65.8839 shall supersede any conflicting provisions\nof this section.\n(3) Except as provided in subsection (4) of this section, it shall be unlawful for the\nowner, occupant, or person having control or management of any premises within a\nlocal government to permit a public nuisance, health hazard, or sourc e of filth to\ndevelop thereon through the accumulation of:\n(a) Junked or wrecked automobiles, vehicles, machines, or other similar scrap or\nsalvage materials, excluding inoperative farm equipment;\n(b) One (1) or more mobile or manufactured homes as defined  in KRS 227.550\nthat are junked, wrecked, or inoperative and which are not inhabited;\n(c) Rubbish; or\n(d) The excessive growth of weeds or grass.\n(4) Subsection (3)(a) of this section shall not apply to:\n(a) Junked, wrecked, or inoperative automobiles, veh icles, machines, or other\nsimilar scrap or salvage materials located on the business premises of a:\n1. Licensed automotive recycling dealer as described in KRS 190.010(33);\n2. Used motor vehicle dealer as defined in KRS 190.010(36): or\n3. Motor vehicle auction dealer as defined in KRS 190.010(20);\n(b) Junked, wrecked, or inoperative motor vehicles, including parts cars, stored\non private premises by automobile collectors, whether as a hobby or a\nprofession, if these motor vehicles and parts cars are stored out of ordinary\npublic view by means of suitable fencing, trees, shrubbery, or other means;\nand\n(c) Any motor vehicle as defined in KRS 281.010 that is owned, controlled,\noperated, managed, or leased by a motor carrier.\n(5) An owner shall not permit any st ructure upon his or her premises to become unfit\nand unsafe for human habitation, occupancy, or use or to permit conditions to exist\non the structure or premises which are dangerous or injurious to the health or safety\nof the occupants of the structure, th e occupants of neighboring structures, or other\nresidents of the local government.\n(6) A local government may provide by ordinance for the abatement and\ndecontamination of a property where a methamphetamine contamination notice has\nbeen posted as provided in KRS 224.1 -410. Pursuant to subsections (7) and (8) of\nthis section, notice and an opportunity to request a hearing shall be afforded to an\nowner prior to decontamination of the property. A lien for all fees, charges, and\ncosts incurred by the local gove rnment in the enforcement of an ordinance related\nto decontaminating a property where a methamphetamine contamination notice has\nbeen posted pursuant to KRS 224.1 -410 shall be placed on the property pursuant to\nsubsection (9) of this section. Notwithstandi ng subsections (12) and (13) of this\nsection, the costs of abatement and decontamination of a property where a\nmethamphetamine contamination notice has been posted are recoverable throughout\nthe county.\n(7) Any local government may establish by ordinance r easonable standards and\nprocedures for the enforcement of this section. The procedures shall comply with\nall applicable statutes, administrative regulations, or codes. Any ordinance\nestablishing these procedures may be enforced by any means authorized by l aw.\nProper notice shall be given to owners before any action is taken pursuant to this\nsection, and, prior to the decontamination of a property where a methamphetamine\ncontamination notice has been posted pursuant to KRS 224.1 -410 or the demolition\nof any unfit or unsafe structure, the opportunity to request a hearing shall be\nafforded the owner.\n(8) Unless imminent danger exists on the subject premises that necessitates immediate\naction, the local government shall send, within fourteen (14) days of a final\ndetermination after hearing or waiver of hearing by the owner, a copy of the\ndetermination to any lien holder of record of the subject premises by first -class mail\nwith proof of mailing. The lien holder of record may, within forty -five (45) days\nfrom receipt of that notice, correct the violations cited or elect to pay all civil fines\nassessed for the violation and all charges and fees incurred by the local government\nin connection with the enforcement of the ordinance, including abatement costs, as\npermitted by subsection (9) of this section.\n(9) A local government shall have a lien against the property for all civil fines assessed\nfor the violation and for all charges and fees incurred by the local government in\nconnection with the enforcement of the ordin ance, including abatement costs. The\naffidavit of the code enforcement officer shall constitute prima facie evidence of the\namount of the lien and the regularity of the proceedings pursuant to this section, and\nshall be recorded in the office of the county  clerk. The lien shall be notice to all\npersons from the time of its recording and shall bear interest thereafter until paid.\nThe lien created shall take precedence over all other liens, except state, county,\nschool board, and city taxes, except as provide d in subsection (10) of this section.\nThe local government shall possess the lien for ten (10) years following the date of\nthe final, nonappealable order of a code enforcement board or final judgment of the\ncourt. The lien may be enforced by judicial proceeding.\n(10) The lien provided in subsection (9) of this section shall not take precedence or\npriority over a previously recorded lien if:\n(a)  The local government failed to provide the lien holder a copy of the\ndetermination in accordance with subsection (8) of this section; or\n(b) The lien holder received a copy of the determination as required by subsection\n(8) of this section, and the lien holder corrected the violations or paid all civil\nfines assessed for the violation and all charges and fees incurre d by the local\ngovernment in connection with the enforcement of the ordinance, including\nabatement costs.\n(11) In addition to the remedy prescribed in subsection (7) of this section or any other\nremedy authorized by law, the owner of a premises upon which a lien has been\nattached pursuant to this section shall be personally liable for the amount of the\nlien, including all civil fines assessed for the violation and all charges, fees, and\nabatement costs incurred by the local government in connection with the\nenforcement of the ordinance. The local government may bring a civil action\nagainst the owner and shall have the same remedies as provided for the recovery of\na debt owed. The failure of a local government to comply with subsection (8) of this\nsection, and the failure of a lien to take precedence over previously filed liens as\nprovided in subsection (10) of this section, shall not limit or restrict any remedies\nthat the local government has against the owner of the premises.\n(12) Subsections (7), (9), and (11) of this section shall not apply to an owner, occupant,\nor person having control or management of any land located in an unincorporated\narea if the owner, occupant, or person is not the generator of the rubbish or is not\ndumping or knowingly allowing the dumping of the rubbish and has made\nreasonable efforts to prevent the dumping of rubbish by other persons onto the\npremises.\n(13) This section shall not be enforced by a county government upon any premises\nsituated in an uninco rporated portion of the county that is assessed as agricultural\nland for tax purposes by the property valuation administrator.\n(14) The right to request a hearing pursuant to this section shall be limited to a period of\nthirty (30) days after notice has be en placed on the property and has been sent by\ncertified mail return receipt requested.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57086","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:23Z","sha256":"cf6ab37f7b784ed02afadaad43e733bbf054ef2b940e87566877aa79b9bba0e6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.8839","next":"us-ky/krs-65.8901"},"notice":"GroundRules: Original legal text. Not legal advice."}