(A) The following requirements shall govern all enforcement proceedings before the Board for violations of Chapter 71 of this Code of Ordinances:
(1) Enforcement proceedings before the Board shall only be initiated by the issuance of a citation pursuant to Chapter 71 of this Code of Ordinances.
(2) The citation issued by the officer shall be in the form prescribed by the Boone County Fiscal Court and shall contain the following information:
(a) The date and time of the issuance;
(b) The name and address of the person to whom the citation is issued and the state, license number, license year, make, type, and color of vehicle upon which the citation will be placed, if not handed to an individual;
(c) The date and time the offense was committed or discovered;
(d) Brief facts constituting the offense and section of the code or the number of the ordinance violated;
(e) The name of the officer and badge number;
(f) The civil penalty that may be imposed for the violation if the person does not contest the citation;
(g) The maximum civil penalty that may be imposed if the person elects to contest the citation;
(h) The procedure for the person to follow in order to pay the civil penalty or to contest the citation; and
(i) A statement that if the person fails to pay the civil penalty set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Board to contest the citation and that the determination that the violation was committed shall be final.
(3) After issuing a citation, the officer shall notify the Board by delivering a copy of the citation to the Fiscal Court Finance Department.
(4) The person to whom a citation is issued shall respond to the citation within 14 days of the date of issuance by either paying the civil penalty and remedying the violation or requesting, in writing, a hearing before the Board to contest the citation. The request for a hearing shall be delivered to the Judge/Executive’s Office at 2950 Washington Street, Burlington, KY 41005. The request shall include the name and address of the person requesting the hearing. If the person fails to respond to the citation within 14 calendar days by paying the civil penalty or properly requesting a hearing, the person shall be deemed to have waived the right to a hearing and any determination that a violation was committed shall be considered final.
(5) If the alleged violator does not pay the civil penalty or contest the citation within the time prescribed, the Board shall enter a final order determining that the violation was committed and shall impose the appropriate civil penalty set forth for such violation. A copy of any final order shall be served on the person found in violation of a county ordinance or code.
(B) The following requirements shall govern all enforcement proceedings before the Board for 911 Dwelling Unit Service Fee issues pursuant to § 37.36 of this Code of Ordinances:
(1) Appeals to determine whether a residential unit or commercial unit, as defined in the Boone County, Kentucky, Code of Ordinances § 37.36 was occupied and subject to the 911 dwelling unit service fee as of July 1 of the tax year for which an appeal has been shall only be initiated by the submittal of a 911 dwelling unit service fee appeal application by the property owner of the subject property on or before January 15 of the tax year immediately following the tax year for which the dwelling unit service fee being appealed has been assessed.
(2) Hearing, notice and final order for appeals to determine whether a residential unit or commercial unit, as defined in the Boone County, Kentucky, Code of Ordinances § 37.36 was occupied and subject to the 911 dwelling unit service fee shall be administered pursuant to § 73.09(B), Boone County Code of Ordinances.
(Ord. 12-04, passed 2-21-12; Am. Ord. 2018-09, passed 7-24-18)