(A) Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment or service, the Code Official may, without notice or hearing, order that such action be taken, including, but not limited to: repair of or immediate evacuation of any effected dwelling or dwelling unit, repair, replacement or immediate confiscation and/or destruction of any defective, illegal or unapproved equipment, as may be reasonably necessary to meet the emergency; confiscation of any refrigerator, ice-box, ice-chest or other similar device or appliance determined to be a public nuisance; demolition or partial demolition of any structure that is in imminent danger of failure, collapse, endangering life or is unable to be secured in accordance to § 156.805.
(B) (1) Notwithstanding any other provision of this chapter, such an order shall be effective immediately. If the owner fails to correct the emergency, and fails to immediately comply with the order, the Code Official may, without further notice to the owner, cause the emergency to be corrected by repair, replacement, or removal, confiscation, immediate evacuation, discontinuance of utilities, or demolition.
(2) After the repairs are made, or the removal of the defective, illegal or unapproved equipment has been effected, or the confiscation of the refrigerator, ice-box, ice-chest, or other similar device or appliance determined to be a public nuisance has been effected, the owner shall be afforded a hearing thereon, if requested, as soon as possible.
(3) The amount of the costs of any repairs, replacement, or removal, confiscation, immediate evacuation, discontinuance of utilities, abatement costs, or demolition carried out by the Metro Government pursuant to this section, including all costs for labor, materials, travel and filing, and administrative costs of 15% of the above, shall be charged against the owner of the real estate upon which the premises is located.
(4) Upon failure of the owner to effect payment of such costs, a lien to bear interest at the rate of 18% per annum, from the date of such lien until paid, shall be placed by the Metro Government against the real estate upon which the structure is located. In addition to the aforesaid remedy or any other remedy authorized by law, pursuant to KRS 65.8801 et seq. and in accordance with § 32.288, the owner of the 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 Metro Government may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(5) Any person to whom such order is directed shall comply therewith. Such person shall thereafter, upon petition directed to the Code Official or Code Official's authorized representative, his or her designee, be afforded a hearing as prescribed in this chapter.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011)
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