SB 105 — AN ACT relating to abandoned and blighted property.

UNOFFICIALCHAPTER COPY166 211 RSCHAPTER 166 ( SB 105/VO105 ) AN ACT relating to abandoned and blighted property.

(1) "Abandoned and blighted property" means a residential, commercial, or industrial building that has been continuously vacant for at least one (1) year Page 1 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO with repeated housing, building, or nuisance code citations and at least three (3) of the following conditions:

(b) The owner has engaged the services of a licensed real estate agent, placed weekly or more frequent advertisements in print, or listed the property for Page 2 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO sale in electronic media via a Web site specifically designed for such activity;

and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) The owner has made a good-faith effort to sell the property at a price that reflects the circumstances and market conditions;

(7) "Costs of rehabilitation" means costs and expenses for construction, stabilization, rehabilitation, maintenance, or demolition, including reasonable non-constructionnonconstruction costs associated with the project, including but not limited to architectural, engineering, legal fees and costs, permits, financing fees, and a conservator's fee;

Page 3 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO (9) "Immediate family" means a parent, spouse, child, brother, or sister;

(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 Page 4 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO in the Circuit Court in the county in which the building is located by the city or county in which the building is located.

CHAPTER 166 3 (2) The petition shall include:

(f) A preliminary planplan, including the current condition of the building, photographs, initial estimates for costs of rehabilitation of the building to bring it into compliance with all applicable housing, building, electrical, fire, health, and nuisance code requirements charged in the citations, and an estimated timeline for completion;

Page 5 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO 4.

A party in interest may be heard with respect to the petition, the requested relief, or any other matter Page 6 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO which may come before the court in reference to the proceeding.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) The building has not been legally occupied for at least the previous twelve (12) months;

and Page 7 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO (b) Grant such other relief as may be just and appropriate.

(3) The court shall additionally enter an order providing that, if the conditions are not abated by the owner by a specific date or that other specified remedial activities have not occurred by a specific date or dates, an order appointing a Page 8 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO conservator shall be entered.

CHAPTER 166 5 (b) Pursuing all claims or causes of action of the owner with respect to the building;

Page 9 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO (i) Engaging and paying legal, accounting, appraisal, and other professionals necessary to aid the conservator in the conduct of the conservatorship;

A NEW SECTION OF KRS CHAPTER 99 IS CREATED TO Page 10 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO READ AS FOLLOWS:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) While in possession of the building, the conservator shall additionally submit a status report to the court and all parties in interest every six (6) months from the date of appointment, or more frequently as the court may deem appropriate.

and (d) A description of proposed actions to be taken in the next six (6) months to Page 11 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO improve the building.

Any sale of salvaged materials may be made without the necessity of public Page 12 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO advertisement.

If the conservator has not received a specific offer for sale that the conservator desires to accept, the conservator shall Page 13 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO provide to the court the proposed procedures for conduct of the sale.

CHAPTER 166 7 (4) Any sale of the property shall be made subject to the approval and supervision of the court only after all of the following occur:

Page 14 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO SECTION 13.

Page 15 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO (4) As soon as reasonably possible following delivery of the deed to the purchaser, the conservator shall submit to the court and all parties in interest a report of sale in which the conservator certifies all of the following:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) The purchase price;

or (4) The building has been sold by the conservator and the proceeds have been distributed as set out in Section 13 of this Act.

Page 16 of 17 SB010590.100 - 1169 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 105/VO Sections 1 to 16 of this Act 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 Forces or its Reserve component.

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