Kentucky Statutes 381.780 – Removal of open toilets in urban-county government, city of the first class, or city of the home rule class — Lien on property for cost of removal
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(1) The maintenance of an outdoor toilet not connected to a septic tank or sewer system, hereinafter called an open toilet, within the boundaries of an urban-county government, a city of the first class, or a city of the home rule class is hereby declared to be a public nuisance.
(2) When an open toilet is discovered, the director of sanitation or other responsible officer designated by the city legislative body shall give written notice to the property owner to remove the open toilet and fill the toilet pit within ten (10) days after the date of the notice. The notice shall be mailed to the last known address of the property owner, as it appears on the current tax assessment roll. Upon failure of the owner of the property to comply with the terms of the notice, the director of sanitation or other responsible officer designated by the urban-county government or city legislative body is authorized to send employees upon the property to remove the open toilet and fill the toilet pit.
(3) The urban-county government or city shall have a lien against the property for the reasonable cost of labor and materials used in removing the open toilet and filling the toilet pit. The affidavit of the director of sanitation or other responsible officer designated by the urban-county government or city shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this section, and shall be recorded in the office of the county clerk in the county where the urban-county government or city is located. The lien shall be notice to all persons from the time of its recording and shall bear interest at six percent (6%) per annum thereafter until paid.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 306, effective January 1, 2015. — Created
1970 Ky. Acts ch. 282, sec. 1.
(2) When an open toilet is discovered, the director of sanitation or other responsible officer designated by the city legislative body shall give written notice to the property owner to remove the open toilet and fill the toilet pit within ten (10) days after the date of the notice. The notice shall be mailed to the last known address of the property owner, as it appears on the current tax assessment roll. Upon failure of the owner of the property to comply with the terms of the notice, the director of sanitation or other responsible officer designated by the urban-county government or city legislative body is authorized to send employees upon the property to remove the open toilet and fill the toilet pit.
Terms Used In Kentucky Statutes 381.780
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- City: includes town. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
(3) The urban-county government or city shall have a lien against the property for the reasonable cost of labor and materials used in removing the open toilet and filling the toilet pit. The affidavit of the director of sanitation or other responsible officer designated by the urban-county government or city shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this section, and shall be recorded in the office of the county clerk in the county where the urban-county government or city is located. The lien shall be notice to all persons from the time of its recording and shall bear interest at six percent (6%) per annum thereafter until paid.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 306, effective January 1, 2015. — Created
1970 Ky. Acts ch. 282, sec. 1.