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(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)
(A) Any person affected by a decision, notice, or order, of the Office of Code Enforcement, except for zoning matters, or any person affected by a decision, notice, or order, of a city official or agent who is acting under the applicable building code (except appeals under the Kentucky Building Code, KRS 198B.070), property maintenance code, electrical code, plumbing code, or fire prevention code, shall have the right to appeal to the Code Enforcement Board by filing a written notice of appeal with the City Clerk within fourteen (14) days after the decision, notice, or order was served or made effective. The filing fees for a Notice of Appeal shall be twenty-five dollars ($25.00) and shall be paid upon filing the Notice of Appeal. The Administrative Assistant of the Codes and Planning Department shall be the records custodian and administrator of all appeals to the Code Enforcement Board.
(B) Upon receipt of a Notice of Appeal, the Code Enforcement Board shall convene a hearing to consider the appeal within fourteen (14) days of receipt. All parties to the appeal shall be notified of the time and place of the hearing by letter sent by regular first-class mail; certified mail, return receipt requested; by personal service, or by leaving the notice at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice, no later than seven (7) days prior to the date of the hearing. The Code Enforcement Board shall also provide notice of hearing to any lienholders with an interest in the subject premises. The Code Enforcement Board shall issue its decision on the appeal within ten (10) working days after the hearing. A final order shall be reduced to writing, which shall include the findings and conclusions reached and the date the order was issued. A copy shall be furnished to the person named in the citation or notice of violation.
(C) All appellate decisions of the Code Enforcement Board may be appealed to the Madison Circuit Court within thirty (30) days of the Code Enforcement Board’s final decision. If no appeal from a final order of the Code Enforcement Board is filed within 30 days, the Code Enforcement Board’s order shall be deemed final for all purposes.
(D) Appeals from action or inaction of the enforcement of the Kentucky Building Code shall be made to the Kentucky Board of Housing, Buildings, and Construction, pursuant to KRS 198B.070.
(Ord. No. 14-97, 7-1-97; Am. Ord. 06-17, 4-18-17; Am. Ord. No. 02-2021, § 1, 1-19-21)
In all matters brought before the Code Enforcement Board for hearing, the board, upon a finding that a violation has been committed, shall impose a fine of one hundred dollars ($100.00) for a first violation, three hundred dollars ($300.00) for a second violation, and five hundred dollars ($500.00) for a third and each succeeding violation; provided, however, that the board may waive all or any portion of a penalty for an uncontested violation, if in its discretion, the board determines that such waiver will promote compliance with the ordinance in issue. Each day during which the violation at issue continues in existence shall constitute a separate violation. When a violation concerns the condition of a tract of real property or of a structure thereon, any assessed fine remaining unpaid sixty (60) days after a final decision shall be added to the City ad valorem tax bill pertaining to the property, and shall bear interest and penalties as applicable to delinquent ad valorem property taxes, and shall constitute a lien on the property the same as for ad valorem property taxes.
(Ord. No. 14-97, 7-1-97; Am. Ord. 06-17, 4-18-17; Am. Ord. No. 02-2021, § 2, 1-19-21)
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