KRS § 381.775 — KY Code / Title XXXII / Chapter 381 / Section 381.775
381.775 Voluntary agreement with property owner for demolition or removal of dilapidated building
Status: in_force

381.775 Voluntary agreement with property owner for demolition or removal of

dilapidated building.

(1) As used in this section:

(a) "Dilapidated building" means a structure, including but not limited to

manufactured or mobile homes as defined in KRS 227.550, which has become

unfit and unsafe for human habitation, occupancy, or use or which is

dangerous or injurious to the health or safety of the occupants of the building,

the occupants of neighboring buildings, or other residents of the county; and

(b) "Relative" means father, mother, brother, sister, husband, wife, son, daughter,

aunt, uncle, son-in-law, daughter-in-law, grandparent, grandchild, stepparent,

stepchild, or first cousin.

(2) A county may enter into a voluntary agreement with a property owner for the

demolition or removal of a dilapidated building.

(3) The agreement shall at least include the following terms and conditions:

(a) A clear description of the building or buildings to be demolished or removed;

(b) Responsibilities of each party to the agreement for disposition of the

demolition debris, solid wastes, asbestos materials, or other potential

environmental contamination consistent with the requirements of KRS

Chapter 224;

(c) A method for establishing the fair market value and an agreement for the

disposition of materials, fixtures, or other objects on the property or to be

removed from the property, and an itemized list of the materials, fixtures, or

other objects to be removed from the property which may be attached to the

agreement as an addendum; and

(d) A clear description of the work to be performed and the final condition of the

property upon completion of disposition activities.

(4) Each agreement may include terms and conditions for remuneration to the county

up to the cost of demolition or removal activities on the property. If remuneration is

to be provided to the county, terms and conditions describing the remuneration to be

provided shall be included in the agreement. If the county agrees to accept

responsibility for removal of materials, fixtures, or other objects from the property,

any excess value received from the materials, fixtures, or other objects removed

from the property shall be retained by or returned to the property owner in

accordance with the agreement for the disposition.

(5) A county shall expend funds necessary to insure any of its employees, officials, and

property against any liability or property damage arising out of an act or omission

committed in the scope and course of performing work in accordance with an

agreement under the provisions of this section for the removal and disposition of

materials, fixtures, or other objects located on the owner's property.

(6) Each agreement shall include the following statement in boldface type "No property

owner is required to enter into an agreement under the provisions of KRS 381.775

for the removal and subsequent disposition of materials, fixtures, or other objects

located on the owner's property subject to the agreement. Any agreement under the

provisions of KRS 381.775 is strictly voluntary."

(7) The county shall, in writing and by first-class mail, provide notice to all property

owners contiguous to the property on which the dilapidated building exists that the

building is to be demolished or removed. That notice shall contain the date of

commencement of the demolition or removal of the building and the address of the

property on which the building exists. The notice shall be mailed no less than two

(2) weeks prior to the date of commencement of the demolition or removal of the

building.

(8) No elected or appointed official or employee of the county, or a relative of an

official or employee of the county, shall enter into an agreement under the

provisions of this section for the demolition or removal of a dilapidated building on

their property. No official or employee of the county, or a relative of an official or

employee of the county, shall knowingly own or have a direct or indirect financial

or pecuniary interest in any agreement or property subject to an agreement entered

into under the provisions of this section. If an official, employee, or relative of an

official or employee owns or has a direct or indirect financial or pecuniary interest

in any agreement or property subject to an agreement entered into under the

provisions of this section, the official or employee shall immediately disclose, in

writing, that interest to the legislative body, and the disclosure shall be entered in

the minutes of the legislative body. Failure to so disclose that interest shall

constitute official misconduct in the first degree, in accordance with KRS 522.020.