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The office of code enforcement is hereby established as a separate office for the city. There shall be a Codes and Planning Administrator and a Code Enforcement Officer within the office of code enforcement, both of whom shall be appointed by the mayor, with approval of city council, pursuant to KRS 83.A080 and the appropriate city code provision. The office shall be under the direction and supervision of the city administrator. The Codes and Planning Administrator, and the Code Enforcement Officer, shall each be a "code enforcement officer" as defined in KRS 65.8805(3), and shall have the power and authority to issue citations for the violation of city ordinances and codes.
(Ord. No. 1.86, § 4, 2-18-86; Am. Ord. No. 7-96, 8-6-96; Am. Ord. No. 14-97, 7-1-97)
The Code Enforcement Officer shall have the following powers, duties, and functions:
(A) Under general administrative direction, the Code Enforcement Officer shall: provide staff assistance in the administration of the subdivision and zoning regulations, enforce city nuisance ordinances, conduct field checks of occupation licenses, administer and enforce the building, housing, and fire codes and ordinances; and do related work as required. The Codes and Planning Administrator shall be responsible for supervising the Code Enforcement Officer and such other personnel as may be provided for in the office, pursuant to the personnel job descriptions approved by the city council and the mayor.
(Am. Ord. 7-96, 8-6-96)
(B) Nuisance enforcement. The code enforcement office shall: interpret and enforce the provisions of Chapter 50, Nuisances of this code including:
(1) Receive both oral and written nuisance complaints.
(2) Investigate and respond to complaints.
(3) Issue abatement notices to owners or occupants as necessary.
(4) Follow-up abatement notices.
(5) Secure agreement for private mowing of weeds.
(C) Occupational licenses. The code enforcement office shall:
(1) Cooperate with city clerk to keep records up to date and to perform field checks as requested.
(2) Cooperate with police department in enforcement of the regulatory occupation licenses.
(D) Subdivision regulations. The code enforcement office shall:
(1) Meet with public on regular basis to answer questions about what information is necessary for subdivision plat approval.
(2) Communicate with utilities, health department and other city departments about approval of particular plats.
(3) Assist the city engineer in the technical review of plats, noting all errors and omissions to the applicant prior to consideration by the commission.
(4) Notify adjacent property owners when preliminary plat consideration is to take place and when zoning variances are requested.
(5) Notify developers when their items will be on the agenda.
(6) Notify property owners concerning action taken on their plats by the commission.
(7) Meet with surveyors, others, to determine answers to their question about past action by the commission.
(8) Designate house numbers for new lots and existing lots based on the city house numbering system.
(9) Review development plans for conformity with city regulations.
(10) Answer questions for and meet with potential developers.
(11) Work with county court clerk to insure proper commission action of subdivision in the three-mile county limit.
(12) Plats to be approved must be dated, fees collected.
(13) Approved plats must be organized to easy-to-find filing system.
(14) Dates for expiration of improvement bonds must be kept, with reminder notices sent to all effected parties.
(15) Commission minutes must be checked for errors.
(16) Extensive requirements for conditional use permits must be met.
(E) Zoning ordinances. The code enforcement office shall:
(1) Answer initial inquiries from zone change applicants.
(2) Distribute inquiries from zone change applicants.
(3) Determine past action on the particular property under consideration.
(4) Send letters to adjacent property owners about public hearings.
(5) Prepare, publish notice of public hearings.
(6) Research zoning maps for past designations.
(7) Work with attorneys for applicants and groups of citizens.
(8) Review comprehensive plan for needed changes.
(9) Insure continuity in city planning goals and objectives.
(10) Zoning map must be updated periodically, with changes by council action.
(11) Agenda items must be set for zoning commission and board of adjustment meetings.
(12) Enforce the sign provisions of the zoning ordinance, including keeping a register of signs permitted.
(F) Code enforcement. The code enforcement office shall:
(1) Review building permit applications and issue same.
(2) Check plans and specifications to city codes and inspect.
(3) Perform housing code inspections and may initiate condemnation procedures.
(4) Issue occupancy certificates and demolition permits.
(5) Answer inquiries from the public concerning code requirements.
(6) May assist developers with informal review of plats prior to official submittal to the planning commission.
(7) Conduct fire safety inspection in conjunction with the fire department.
(8) Perform related functions as instructed or required.
(G) General duties. The code enforcement office shall:
(1) Coordinate and cooperate with other city agencies in reviewing various proposed public facilities.
(2) Prepare special plans and research topics as necessary or directed.
(3) Prepare annexation research on boundaries, names, and addresses of owners and residences, official notifications.
(4) May provide general assistance to the city administrator in preparing grant applications and coordination of economic development activities.
(5) Provide technical staff support to the planning and zoning commission and board of adjustments.
(Ord. No. 1.86, § 1, 2-18-86; Ord. No. 11.87, § 1, 10-20-87; Am. Ord. No. 7-96, 8-6-96)
Cross references:
Building Code, Chapter 71; Electrical Code, Chapter 72; Fire Protection and Prevention, Chapter 74; Housing, Chapter 70; Nuisances, Chapter 50; Planning Commission, Chapter 80; Streets and Sidewalks, Chapter 41;
(A) Any person aggrieved by the action or inaction, as the case may be, of the code enforcement office (other than an appeal pursuant to
§
70.106 of this Code) may take an appeal of the action or inaction to the board of adjustment of the city. The appeal shall be taken within ten (10) days after the decision or order, or after notification of refusal to take action, of the code enforcement office. The aggrieved party shall file a notice of appeal specifying the grounds of his appeal and complaint in writing, and the code enforcement office shall forthwith transmit to the board of adjustment all papers constituting the record on which the action appealed from was taken.
(B) The board of adjustment shall consider the appeal at its next regularly scheduled hearing, provided that the notice of the appeal is filed at least five (5) working days before the regularly scheduled meeting. The board of adjustment may affirm, modify, or overturn the decision appealed from, or may remand it to the proper office for additional factual findings. The decision of the board of adjustment shall be final, subject, however, to such remedy as any aggrieved person may have in law and equity. The board of adjustment's decision shall be in writing and shall be filed in the code enforcement office, as the case may be, and a certified copy shall be given to the appellant.
(Ord. No. 1.86, § 4, 2-18-86; Am. Ord. No. 7-96, 8-6-96)
That the following schedule of fees shall be charged by code enforcement office:
(A) Subdivisions
Minor Plat:
R-1 or R-2 Zones $25.00
R-3 Zones 30.00
P-1, B-1, B-2 Zones 45.00
Industrial Zones 1.00
Preliminary Plat:
R-1 or R-2 Zones $25.00
R-3 Zones 35.00
P-1, B-1, B-2, B-4 Zones 45.00
Industrial 100.00
Fee Per Lot 7.00
Intermediate Plat:
R-1 or R-2 Zones $25.00
R-3 Zones 35.00
P-1, B-1, B-2, B-4 Zones 50.00
Industrial 100.00
Fee Per Lot 7.00
Final Plat:
R-1 or R-2 Zones $25.00
R-3 Zones 30.00
P-1, B-1, B-2, B-4 Zones 50.00
Industrial 100.00
Fee Per Lot 3.00
(B) Board of Zoning Adjustments
Each application $75.00
(C) Zone Change Requests
Each application $250.00
(D) Development Plans
Each application R-1, R-2, R-3 $100.00
PF, INS, P1, MP 125.00
B1, B2, B3 150.00
B4, I 175.00
(E) Miscellaneous Fees
Fee or Service Proposed Fee
2x3 City Street Map $4.00
2x3 Digital Map 5.00
3x4 Digital Map 6.00
Large Zoning Map 6.00
Other Large Maps 6.00
Plotting Fees 30.00
Demolition Permit 10.00
Copies of Zoning and
Subdivision Regulations 3.00
(Ord. 21-97, 11-4-97)