KRS § 91.758 — KY Code / Title IX / Chapter 91 / Section 91.758
91.758 Economic improvement plan -- Annual budget -- Levy and collection of assessments -- Appeal -- Lien
Status: in_force

91.758 Economic improvement plan -- Annual budget -- Levy and collection of

assessments -- Appeal -- Lien.

(1) Upon the effective date of the ordinance establishing the management district, a

board of directors shall be appointed and shall proceed to implement the economic

improvements contained in the ordinance adopted by the legislative body.

(2) As soon as practicable after its appointment, and each year thereafter as provided by

ordinance, the board of directors shall develop a plan for economic improvements

within the management district and shall prepare an annual detailed budget for the

costs of providing economic improvements and shall submit the budget to the

legislative body for its approval.

(3) Upon approval of the annual budget, the board of directors shall:

(a) Submit the budget to the Department for Local Government as provided in

KRS 65A.020;

(b) Publish the economic improvement plan pursuant to KRS Chapter 424; and

(c) Mail by first-class mail to each affected property owner a description of the

plan, the fair basis of assessment to be utilized, the estimated cost to the

property owner, and the ratio that the cost to each property owner bears to the

total cost of the economic improvements.

(4) The ordinance establishing the management district shall provide a procedure for

the annual collection of the assessment for the economic improvements.

(a) The board of directors may be directed to annually prepare and mail by first

class mail to an owner of each parcel of real property the annual assessment,

and to establish due dates and penalties and interest, if any, for delinquent

payment; or

(b) The annual assessment may be collected in the same manner, at the same

times, and by the office authorized by law for the collection and enforcement

of general city, consolidated local government, or urban-county taxes, in

which case the collector of taxes shall make regular remittances of the

amounts collected to the board of directors. The penalties and interest for

delinquent taxes may be applied to delinquent assessments, or separate

penalties and interest may be imposed; however, no discount shall be provided

for early payment.

(c) Notwithstanding the method of collection for the assessment that is adopted,

any affected property owner shall be afforded the right to contest the amount

of assessment or the inclusion of his or her property. The contest shall be filed

with the board of directors within thirty (30) days of the receipt of the

assessment. The property owner shall have the right to appear before the board

of directors and present evidence. A record shall be made of the proceedings

and the board of directors shall render a written decision. The decision of the

board of directors may be appealed to the Circuit Court of the county in which

the city, consolidated local government, or urban-county is located.

(5) The amount of any outstanding assessment on any property, and accrued interest

and other charges, shall constitute a lien on the property. The lien shall take

precedence over all other liens, whether created prior to or subsequent to the

assessment, except a lien for state and county taxes, general municipal, consolidated

local government, or urban-county taxes, and prior improvement assessments, and

shall not be defeated or postponed by any private or judicial sale, by any mortgage,

or by any error or mistake in the description of the property or in the names of the

owners. No error in the proceedings of the city, consolidated local government, or

urban-county legislative body or the board of directors of the management district

shall exempt any property from the lien for the economic improvement assessment,

or from payment thereof, or from the penalties or interest thereon, as herein

provided.