Title IX, Counties, Cities, and Other Local Units

The powers of the agency shall be vested in the commissioners appointed as members of the board of commissioners. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by the governing board of the city, but only after he shall have been given…

No officer, employee or consultant of an agency, who in the course of his duties is required to participate in the formulation of plans or policies for the development of a project area, or in the implementation of such plans or policies, shall acquire any interest in any propert…

The board of commissioners of an agency is authorized to receive, and the governing board of the city for which the agency is established, is authorized to appropriate, such amounts of money as may be necessary for the administrative purposes of the agency, which may include paym…

(1) Each agency created under the terms of KRS 99.610 to 99.680 shall constitute a public body corporate and politic, exercising public and essential governmental functions, and shall have all of the powers necessary and convenient to carry out and effectuate the purposes and pro…

No agency may acquire title to any land for the purpose of carrying out a development plan unless the following conditions have been met: A development plan clearly fixing the boundaries of the proposed project area has been approved by the board of commissioners and the plan has…

A city, consolidated local government, or urban-county shall have the power to aid an agency in any manner provided for aid by public bodies to urban renewal and community development agencies by KRS 99.410.

(1) An agency may create and establish a special revolving loan fund to be known as the housing rehabilitation development fund and to be administered by the agency as a trust fund separate and distinct from any other moneys or funds administered by the agency. (2) The housing re…

(1) An agency shall have power to issue bonds from time to time at its discretion for any of its corporate purposes under KRS 99.610 to 99.680. An agency shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An agency …

The agency may sell, exchange, lease, or otherwise transfer real property acquired under the provisions of KRS 99.610 to 99.680 to one (1) or more private individuals or to public bodies, and thereafter the real property shall be used only in accordance with the limitations and c…

A price advisory council is hereby established in each agency which shall be entirely separate from the board of commissioners. Said price advisory council shall consist of seven (7) persons who shall be appointed for terms of four (4) years in the same manner provided herein for…

(1) It is hereby found: (a) That there exist within the jurisdiction of many local governments in this Commonwealth blighted and deteriorated properties in neighborhoods which cause the deterioration of those and contiguous neighborhoods and constitute a serious and growing menac…

As used in KRS 99.700 to 99.730: (1) "Alternative government entity" means an entity established by the legislative body of a local government pursuant to KRS 65.350 to 65.375, 99.330 to 99.510, 99.520 to 99.590, or 99.610 to 99.680, with a purpose compatible with the purposes ex…

areas -- Vacant property review commission. (1) If the legislative body of a local government finds and declares that there exist within the jurisdiction of the local government blighted or deteriorated properties and that there is need for the exercise of powers, functions, and …

A local government may acquire, by eminent domain pursuant to KRS Chapter 416, any property determined to be blighted or deteriorated pursuant to KRS 99.700 to 99.730, and shall have the power to hold, clear, manage, or dispose of property so acquired pursuant to the provisions o…

abatement. (1) The legislative body shall not institute eminent domain proceedings pursuant to KRS 99.700 to 99.730 unless the commission or alternative government entity has certified that the property is blighted or deteriorated. A property which has been referred to the commis…

The legislative body of the local government may institute eminent domain proceedings pursuant to KRS Chapter 416 against any property which has been certified as blighted or deteriorated by the commission or alternative government entity if it finds: (1) That such property has d…

program for blighted property -- Procedures -- Purchases by diverted tax delinquency purchasers -- Administrative regulations. (1) As used in this section: (a) "Census block" means an area within the jurisdiction of a local government identified by the United States Census Bureau…

interest required -- Payment under eminent domain proceedings. (1) No officer or employee of a local government, the vacant property review commission, or an alternative government entity, who in the course of his or her duties is required to participate in the determination of p…

The General Assembly finds and declares that: (1) Abandoned and blighted residential, commercial, and industrial buildings are a nuisance and public safety threat to communities across the Commonwealth, negatively affecting quality of life and surrounding property values. If not …

As used in KRS 99.780 to 99.855, unless the context otherwise requires: (1) "Abandoned and blighted property" means a residential, commercial, or industrial building that has been continuously vacant for at least one (1) year with repeated housing, building, or nuisance code cita…

building. (1) A petition for the appointment of a conservator to take possession of and undertake the rehabilitation of an abandoned and blighted building shall be filed in the Circuit Court in the county in which the building is located by the city or county in which the buildin…

(1) Service of process shall be provided in accordance with the Kentucky Rules of Civil Procedure to the following parties in interest: (a) The owner of the property at his or her last known address; (b) The city or county in which the property is located that is not the petition…

(1) The court shall act upon a petition filed by holding a hearing. A party in interest may be heard with respect to the petition, the requested relief, or any other matter which may come before the court in reference to the proceeding. Any party in interest shall be permitted to…

(1) If the court finds after a hearing that the conditions for conservatorship have been established, the court may: (a) Appoint a conservator; and (b) Grant such other relief as may be just and appropriate. (2) In appointing a conservator, the court shall consider any recommenda…

(1) If the court finds after a hearing that the conditions for conservatorship have been established, but the owner represents that the conditions will be abated in a reasonable period, the court may allow the owner to proceed to remedy the conditions. (2) If the owner is allowed…

of property by owner subject to conservatorship. (1) The conservator shall have all powers and duties necessary in order to bring the building into compliance with all applicable housing, building, and nuisance code requirements and to fulfill the conservator's responsibilities u…

A conservator may borrow money or incur indebtedness in order to cover the costs of rehabilitation or to otherwise fulfill the conservator's obligations under KRS 99.780 to 99.855. In order to facilitate the borrowing of funds for the costs of rehabilitation, the court shall gran…

abatement -- Status report -- Full accounting upon implementation -- Petition to terminate conservatorship through sale. (1) While in possession of the building, the conservator shall: (a) Maintain, safeguard, and insure the property; (b) Develop a final plan for abatement of the…

materials -- Full accounting -- Petition to terminate conservatorship through sale. (1) If no feasible final plan can be developed for rehabilitation of the building in order to bring it into compliance with all applicable housing, building, and nuisance code requirements at a re…

court order -- Evidence of value of property -- Conditions for sale. (1) Upon application of the conservator, the court may order the sale of the property free and clear of all existing liens, claims, and encumbrances subject to the approval and supervision of the court by privat…

court and interested parties. (1) If the proceeds of the sale are insufficient to pay all existing liens, claims, and encumbrances, the proceeds shall be distributed according to the priorities set out in subsection (2) of this section and all unpaid liens, claims, or encumbrance…

Upon request by a party in interest or the conservator, the court may order the termination of the conservatorship if it determines: (1) The obligations, expenses, and improvements of the conservatorship, including all costs of the conservator, have been fully paid or provided fo…

KRS 99.780 to 99.855 shall not apply if the property owner has vacated the property in order to perform military service in time of war, armed conflict, or in order to assist with relief efforts during a declared federal or state emergency as a member of the United States Armed F…

KRS 99.780 to 99.855 may be cited as the Abandoned and Blighted Property Conservatorship Act.

Any owner or agent who willfully violates the provisions of KRS 99A.030 shall be fined not less than twenty-five dollars ($25) nor more than two hundred dollars ($200) for each day the violation continues, or imprisoned for not more than ninety (90) days.

As used in this chapter, unless the context otherwise requires: (1) "Administrative official" means any department, employee, or advisory, elected, or appointed body which is authorized to administer any provision of the zoning regulation, subdivision regulations, and, if delegat…

Before any planning operations may begin, a planning unit must be formed and designated. Planning units may consist of a city or county, acting independently in accordance with KRS 100.117; cities and their county, jointly, in accordance with KRS 100.121; or groups of counties an…

Any city or county may establish a planning program as an independent operation if the following required procedure is unsuccessful in establishing a joint planning unit encompassing the county and cities therein. (1) A city shall interrogate the county and every other city there…

(1) At any time, the legislative bodies of cities and the fiscal court of the county containing the cities may enter into an agreement to form a joint planning unit by combining planning operations in order that they may carry out a joint city-county planning program. Combination…

At any time, the legislative bodies of the cities and counties comprising two (2) or more adjacent planning units whose combined territory form a logical functional area, or portion thereof, by reasons of physical, economic, or social features may enter into an agreement to form …

Exception when planning unit includes county with consolidated local government. (1) All agreements for joint or regional planning units shall be in writing, and shall describe the boundaries of the area involved, and shall contain all details which are necessary for the establis…

An independent city planning unit or members of a joint planning unit composed only of two (2) or more cities may exercise extraterritorial jurisdiction for the purposes of subdivision regulations and other regulations up to five (5) miles from all points upon the city's boundary…

(1) Before a planning unit may engage in planning operations, a planning commission shall be appointed for the unit in conformance with an adopted agreement. (2) A planning commission shall consist of at least five (5), but not more than twenty (20) members. (3) The Governor shal…

local government -- Qualifications -- Appointment -- Conflicts of interest -- Legislation regarding plan. (1) Except in a consolidated local government, counties with a population of 300,000 or more inhabitants shall be a planning unit and shall have a planning commission which c…

Except in counties containing a consolidated local government, the mayor of each city entitled to one (1) or more members and the county judge/executive of each county shall appoint the members of the planning commission with the approval of their respective legislative bodies.

The term of office of all elected public officials appointed to a planning commission shall be the same as their official tenure in office. The term of office for other members of the planning commission shall be four (4) years, but the term of office of members first appointed s…

Vacancies on the planning commission, shall be filled within sixty (60) days by the appropriate appointing authority. If the authority fails to act within that time, the planning commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of…

All members of a planning commission shall, before entering upon their duties, qualify by taking the oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky before any judge, county judge/executive, notary public, clerk of a court, or justice …

In the agreement under which the planning unit operates, reimbursement for expenses or compensation, or both, may be authorized for citizen members of a planning commission. Reimbursement for expenses may be authorized for public officials and employees of participating cities an…

consolidated local government. (1) Any member of a planning commission may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. Any appointing authority who exercises the power to remove a member of the planni…