(A) Initiation of hearing. A hearing may be initiated by:
(1) The owner of a structure who has been issued a notice of violation. A hearing must be requested, in writing, to the Code Official within seven calendar days of the date of receipt of publication of the notice of violation. The request for a hearing may be hand delivered or mailed via first class mail; or
(2) A Code Official if within seven calendar days of receipt of the notice or publication of the notice, the owner of the structure has not corrected the problem, arranged for demolition, requested a hearing, presented an alternate, approved plan to correct the problem/ requested and received approval for additional time or an approved plan is not completed in an acceptable manner within the timeframe approved.
(B) Hearing panel. The County Administrator shall appoint a Hearing Officer who is a department head for the Boone County Fiscal Court but is neither the person who issued or approved the notice of violation under review nor is a subordinate of such person and two additional members which together shall serve as the Hearing Board. One of the additional members shall be randomly selected from the Building Code Appeals Board and one of the additional members shall be randomly selected from the Parking and 911 Dwelling Unit Appeals Board. Notice of the hearing date, time and place shall be sent no later than seven calendar days prior to the hearing date via personal service to the owner by hand delivery or by certified mail to the last known address on record for payment of the ad valorem taxes or by certified mail to owner’s agent by appointment or law. If the whereabouts of such person is unknown and cannot be ascertained after an exercise of reasonable diligence, then an affidavit to that effect may be made and service shall then be by posting in a conspicuous place upon the involved structure and by publication pursuant to KRS Chapter 424, hereafter “publication or publication of notice.”
(C) Hearing requirements. The hearing shall be chaired by the hearing officer appointed by the County Administrator.
(1) The Code Official has the right to:
(a) Be present at the hearing.
(b) Present evidence and all or any information pertinent to the hearing.
(c) Be informed if the owner or parties in interest intend to be represented by legal counsel or by another party.
(d) Have the original petitioner and/or other involved persons present.
(e) Ask questions of anyone testifying at the hearing.
(f) Have legal representation present.
(2) The owner or parties in interest have the right to:
(a) Be present at the hearing.
(b) Examine any documents related to the issuance of the notice of violation 24 hours prior to the hearing, upon request.
(c) Present at the hearing any or all pertinent information.
(d) Request that the Code Official be present at the hearing to answer questions pertinent to the case.
(e) Ask questions of anyone testifying at the hearing.
(f) Be represented by legal counsel at their own expense provided the Hearing Board is informed of such representation at least two days before the hearing.
(D) Hearing procedures.
(1) The hearing shall concern a determination of whether the structure is unsafe or unfit for human habitation, occupancy or use as described § 150.61.
(2) Evidence presented at the hearing may be considered without regard to admissibility under the rules of evidence applicable to judicial proceeding except as provided hereinafter.
(3) The Hearing Board’s determination shall be based on findings of fact.
(4) The determination shall be by a preponderance of the evidence presented at the hearing.
(5) All evidence presented at the hearing shall be through witnesses who are first duly sworn to tell the truth.
(6) All documentary evidence presented in said hearing shall be authenticated through such sworn witness who has firsthand knowledge of same, through the producer of such documents, or through certification of such documents by such agency, secretary, or keeper of said records from which said documentary evidence was produced.
(7) The Hearing Board may:
(a) Determine the structure is not unsafe/unfit for human habitation as defined in this section, thus no further action is warranted and dismiss the noticed violation; or
(b) Determine the structure is unsafe/unfit for human habitation as defined in this section and that within seven days, the owner correct the problem as outlined by the Code Official. The structure shall be immediately closed and secured until the problems are corrected; or
(c) Determine the structure is unsafe/unfit for human habitation as defined in this section and order the structure to be demolished.
(8) The owner of the subject property shall receive notice of the results of the hearing. The Hearing Officer who conducts the hearing shall issue a written decision which shall be sent to the owner within five calendar days following the decision by hand delivery to the owner or by certified mail to the last known address on record for payment of the ad valorem taxes or by certified mail to owner’s agent by appointment or law. If the whereabouts of such person is unknown and cannot be ascertained after an exercise of reasonable diligence, then an affidavit to that effect may be made and service shall then be by posting in a conspicuous place upon the involved structure and by publication pursuant to KRS Chapter 424, hereafter “publication or publication of notice.” The decision shall contain the findings of the Hearing Officer and the reasons for the decision.
(Ord. 2022-25, passed 10-25-22)