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As used in this chapter, unless the context otherwise requires:
“ABATEMENT COSTS.” A city’s necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation and to maintain and preserve the public health, safety and welfare in accordance with any city ordinance.
“CODE ENFORCEMENT BOARD.” An administrative body created and acting under the authority of the Local Government Code Enforcement Board Act, KRS 65.8801 to 65.8839.
“FINAL ORDER.” Any order:
(1) Issued by the Code Enforcement Board following a hearing in accordance with § 22.604 of this chapter;
(2) Created because a violator neither paid nor contested the citation within fourteen (14) days as provided in § 22.607 of this chapter; or
(3) Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in § 22.607 of this chapter.
“PREMISES.” A lot, plot or parcel of land, including any structures upon it.
"PROFESSIONALLY QUALIFIED."
(1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least ten-years experience, five of which shall have been in responsible charge of work.
(2) Registered design professional with structural engineering or architectural experience.
(3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with at least ten (10) years experience, five (5) of which shall have been in responsible charge of work.
(4) Registered design professional with electrical engineering experience; or an electrical contractor with at least ten (10) years experience, five (5) of which shall have been in responsible charge of work.
(5) Registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten (10) years experience, five (5) of which shall have been in responsible charge of work.
(Ord. No. 14-97, 7-1-97; Am. Ord. 06-17, 4-18-17)
(A) There is hereby created the Code Enforcement Board for the city, pursuant to KRS 65.8801 et seq.
(B) The Code Enforcement Board shall consist of five (5) members, appointed by the Mayor, subject to approval of the City Council. At least two (2) of the five (5) members shall be professionally qualified as defined in § 22.600; and the remaining members may be citizen members.
(C) Each member shall also have the qualifications specified in KRS 65.8811.
(D) The Mayor may, pursuant to KRS 65.8818, appoint two (2) alternate members to serve on the Code Enforcement Board in the absence of regular members.
(Ord. No. 14-97, 7-1-97)
The members of the Code Enforcement Board shall serve terms of three (3) years, except that the initial appointments shall be as follows: one (1) member appointed for a term of one (1) year; two (2) members appointed for a term of two (2) years each; and two (2) members appointed for a term of three (3) years each.
(Ord. No. 14-97, 7-1-97)
(A) The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing city ordinances when a violation of the ordinance has been classified as a civil offense.
(B) The Code Enforcement Board shall not have the authority to enforce any ordinance regulating conduct which would also, under any provision of the Kentucky revised statutes, constitute a criminal offense or a moving motor vehicle offense.
(Ord. 06-17, 4-18-17)
(A) The Code Enforcement Board shall annually elect a chair from among its members. The chair shall be the presiding officer and a full voting member of the Board. In the absence of the Chair, the remaining members of the Board shall select a member to preside in place of and exercise the powers of the Chair.
(B) Regular meetings of the Code Enforcement Board shall be held as needed. Meetings other than those regularly scheduled shall be special meetings or emergency meetings held in accordance with the requirements of the Kentucky Open Meetings Act.
(C) All meetings and hearings of the Code Enforcement Board shall be public meetings held in accordance with the requirements of KRS 65.8815(5) and the Kentucky Open Meetings Act.
(D) The presence of at least a majority of the Board’s entire membership shall constitute a quorum. The affirmative vote of a majority of a quorum of the Board shall be necessary for any official action to be taken.
(E) Minutes shall be kept for all proceedings of the Code Enforcement Board and the vote of any member on any issue decided by the Board shall be recorded in the minutes.
(Ord. 06-17, 4-18-17)
Any member of the Code Enforcement Board who has any direct or indirect financial or personal interest in any matter to be decided shall disclose the nature of the interest shall disqualify himself from voting on the matter in which he has an interest, and shall not be counted for purposes of establishing a quorum.
(Ord. 06-17, 4-18-17)
The Code Enforcement Board shall:
(A) Hear and decide all appeals from the action or inaction of the Office of Code Enforcement or otherwise from the enforcement of the applicable building code, the property maintenance code, the electrical code, the plumbing code, or the fire prevention code.
(B) Enforce city ordinances pursuant to the provision of KRS 65.8821.
(C) All enforcement proceedings shall proceed pursuant to the provisions of KRS 65.8801 - 8838. Review of enforcement proceedings shall be as specified in KRS 65.8831. All appeals to the Code Enforcement Board shall proceed pursuant to § 22.605.
(D) The Administrative Assistant of the Codes and Planning Department shall be the records custodian and administrator of all enforcement proceedings of the Code Enforcement Board.
(Ord. No. 14-97, 7-1-97; Am. Ord. No. 02-2021, § 1, 1-19-21)
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