Request By:
John Douglas Hubbard, Esq.
117 E. Stephen Foster Avenue
Bardstown, Kentucky 40004
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
As special attorney for the city of Bloomfield you state that there are some old houses within the city limits as well as an abandoned theater which have become eye sores and which constitute havens for rats. You ask whether these properties may be condemned or ordered destroyed by the city and, if so, the proper procedures to follow.
We first direct your attention to KRS 80.620 to 80.720 concerning the repair, closing or demolition of unfit structures by cities and counties. KRS 80.630 provides:
"Whenever any city or county finds that there exists in such city or county structures which are unfit for human habitation, occupancy or use due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such structure unsafe or unsanitary, or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the city or county, the city or county may exercise its police powers to repair, close or demolish such structures in the manner provided in KRS 80.640 to 80.720."
KRS 80.640 requires that an ordinance or resolution be adopted finding that a building exists which meets the description and conditions set forth in KRS 80.630. A public officer must be designated who shall investigate, upon petition or on his own motion, the basis for a charge that a building is unfit or unsafe. The public officer must fix a day for a hearing and notify the owners or parties in interest of the nature of the hearing. See KRS 80.640 and 80.650.
If, after the notice and hearing, there is a determination of unfitness, the officer shall serve upon the owner a notice to repair the structure or, at the owner's option, to vacate and close the structure if the repair can be made at a cost not exceeding 50 percent of the value of the structure, or to demolish the structure if the repair would exceed 50 percent of its value. KRS 80.660. If the owner fails to comply, the public officer may cause the building to be repaired or demolished and the cost thereof shall be a lien upon the real property. KRS 80.670. Note, however, the holding in
Johnson v. City of Paducah, Ky., 512 S.W.2d 514 (1974), that the property owner should be afforded a reasonable time to repair the property if he so desires unless there is an imminent threat to the safety of persons or other property. Conditions warranting a finding of unfitness are set forth in KRS 80.680.
A more comprehensive discussion pertaining to satisfying the requirements of notice and a hearing is set forth in OAG 73-235, copy enclosed, at pages 6-7. See also OAG 73-280, copy enclosed. In addition, note the provisions of KRS 80.690 involving the service of complaints and orders. Service must be via personal service or certified mail, or by publication when the whereabouts of the party is unknown and cannot be ascertained in the exercise of reasonable diligence.
Another statutory section you may be able to utilize, particularly if the buildings constitute fire hazards, is KRS 227.200 to 227.400 dealing with fire prevention and protection. KRS 227.380 and 227.390 concern fire hazards and the correction and removal of those hazards. In addition, you might want to consider the provisions of KRS Chapter 212 pertaining to local health boards. KRS 212.210 sets forth the powers and duties of local health boards.
While we have attempted to set forth various statutory provisions which could be utilized to correct the problems you have set forth, you would probably want to first consider the provisions of KRS 80.620 to 80.720 pertaining to the repair, closing or demolition of unfit structures by cities and counties.