(A) For matters regarding citations issued pursuant to Chapter 71, Boone County Code of Ordinances:
(1) A properly requested hearing shall be conducted at the regular meeting of the Parking Violation and 911 Dwelling Unit Service Fee Hearing Board. The county shall retain possession of the vehicle pending the hearing, unless the vehicle has been released pursuant to Chapter 71 of this Code of Ordinances.
(2) When a hearing has been requested, the Board shall be notified. Not less than seven calendar days before the date of the hearing, the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by certified mail, return receipt requested; by personal delivery; or, by leaving the notice at the person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice.
(3) Any person requesting a hearing before the Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be final. In this event, the Board shall enter a final order determining that the violation was committed, impose the civil penalty set forth in the citation and impose a penalty equal to any unpaid towing and/or storage charges,
(4) The hearing shall be conducted by a quorum of the Board and all testimony shall be taken under oath and shall be recorded. The Board may take testimony and review evidence. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(5) The Board shall determine, based on the evidence presented whether a violation was committed and make written findings of facts and conclusions of law. When the Board determines that no violation was committed, an order dismissing the citation shall be entered. When the Board determines that a violation was committed, an order shall be issued upholding the citation and may assess a civil penalty including towing and storage costs in an amount up to the maximum authorized by ordinance.
(6) Every final order of the Board shall include the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order of the Board is issued, the order shall be delivered to that person by certified mail, return receipt requested; by personal delivery; or by leaving a copy of the order at that person’s usual place of residence with an individual residing therein who is 18 years if age or older.
(7) An appeal from the Parking Violation and 911 Dwelling Unit Service Fee Hearing Board’s determination may be made in accordance with this chapter to the Boone County District Court.
(B) For matters regarding 911 dwelling unit service fee appeals pursuant to Boone County Code of Ordinances § 37.36:
(1) A properly requested appeal shall be conducted at the regular meeting of the Parking Violation and 911 Dwelling Unit Service Fee Hearing Board.
(2) When a hearing has been requested, the Board shall be notified. Not less than seven calendar days before the date of the hearing, the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by certified mail, return receipt requested; by personal delivery; or, by leaving the notice at the person’s usual place of residence with individual residing therein who is 18 years of age or older and who is informed of the contents of the notice.
(3) Any person requesting a hearing before the Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing. In this event, the Board shall enter a final order determining 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 initiated.
(4) The hearing shall be conducted by a quorum of the Board and alt testimony shall be taken under oath and shall be recorded. The Board may take testimony and review evidence. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(5) The Board shall determine, based on the evidence presented, whether the residential unit or commercial unit in question, 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 year for which the appeal has been initiated or whether the appeal is valid and the residential or commercial dwelling unit exonerated from the 911 dwelling unit service fee for the tax year for which the appeal has been initiated.
(6) Every final order of the Board shall include the date the order was issued. A copy shall be furnished to the owner of the property which is the subject of the appeal. If the owner of the property which is the subject of the appeal is not present when the final order of the Board is issued, the order shall be delivered to that person by certified mail, return receipt requested; by personal delivery; or by leaving a copy of the order at that person’s usual place of residence with an individual residing therein who is 18 years of age or older.
(7) An appeal from the Parking Violation and 911 Dwelling Unit Hearing Board’s determination may be made in accordance with this chapter to the Boone County District Court.
(Ord. 12-04, passed 2-21-12; Am. Ord. 2018-09, passed 7-24-18)