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Chapter 156 Property Maintenance Code (PDF) - Louisville Metro ...

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(D) Any person, firm or corporation, who shall violate any provision of this chapter other than as set forth in<br />

subsections (A), (B) and (C), above, shall be subject to a civil penalty in accordance with the penalty schedule as set<br />

forth in Appendix A, Exhibit C. Any person cited pursuant to this subsection (D) may pay the civil penalty within<br />

seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with §§<br />

32.400 et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be<br />

deemed to have waived the right to a hearing and the determination that a violation was committed shall be final.<br />

Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a<br />

separate offense.<br />

(E) The <strong>Metro</strong> Government shall possess a lien on property for all fines, penalties, charges, abatement costs, and<br />

fees imposed pursuant to this <strong>Code</strong> in accordance with § 32.409. The lien shall be superior to and have priority over<br />

all other liens on the property except state, School Board and <strong>Metro</strong> Government taxes.<br />

(F) Notwithstanding subsection (C), above, any person, firm or corporation who violates any provision of this<br />

chapter shall be subject to criminal proceedings and upon conviction thereof shall be subject to a fine of not more than<br />

$250 if committed by a person, not more than $500 if committed by a corporation, or imprisonment for a term not to<br />

exceed 50 days, or both. Each day that a violation continues after a citation has been issued or notice has been served<br />

shall be deemed a separate offense.<br />

(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. <strong>Metro</strong> Am. Ord. No. 69-2003, approved 4-16-2003; Lou.<br />

<strong>Metro</strong> Am. Ord. No. 162-2004, approved 10-28-2004; Lou. <strong>Metro</strong> Am. Ord. No. 125-2007, approved 7-2-2007; Lou.<br />

<strong>Metro</strong> Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011)<br />

EXHIBIT A<br />

PUBLIC NUISANCE VIOLATION<br />

APPENDIX A: CIVIL PENALTIES<br />

Number of Citations, Arrests and Search Warrants<br />

within 12-month period<br />

1 2 3 4<br />

AMOUNT OF CIVIL PENALTY<br />

<strong>Code</strong> Section (Arrests, Citations, Search Warrants)<br />

<strong>156</strong>.057(A)(2) NN NV $400 $4,000 and Order to Vacate<br />

NN = No Notice Sent<br />

NV = Notice of Violation Sent<br />

EXHIBIT B<br />

Number of Times Section(s) Violated while <strong>Property</strong> is a Public<br />

Nuisance within 12-month period<br />

1 2 3<br />

AMOUNT OF CIVIL PENALTY<br />

file:///C|/...REGULATIONS%20WEBPAGE%20DOCUMENTS/LMCO%20CHAPTER%20<strong>156</strong>%20PROPERTY%20MAINTENANCE.htm[5/8/2012 11:03:10 AM]

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