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(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. 2020.03, passed 8-21-20)
(A) Members of the Code Enforcement Board shall be appointed by the Mayor, subject to the approval of the City Council.
(B) The initial appointment to the Code Enforcement Board shall be as follows:
(1) One member of the Board shall be appointed for a term of one year;
(2) One member of the Board shall be appointed for a term of two years; and
(3) One (1) member of the Board shall be appointed for a term of three (3) years.
(C) All subsequent appointments shall be for a term of three years. A member may be reappointed, subject to the approval of the City Council.
(D) Any vacancy on the Board shall be filled by the Mayor, subject to approval of the City Council, within 60 days of the vacancy. If the vacancy is not filled within that time period, the remaining Code Enforcement Board members shall fill the vacancy. A vacancy shall be filled for the remainder of the unexpired term.
(E) A Board member may be removed from office by the Mayor for misconduct, inefficiency, or willful neglect of duty. The Mayor shall submit a written statement to the member and the City Council setting forth the reasons for removal. The member so removed shall have the right of appeal to the Henderson Circuit Court.
(F) All members of the Code Enforcement Board shall, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
(G) Members of the Code Enforcement Board shall be reimbursed for actual expenses and compensated in the amount of $50 per meeting.
(H) No member of the Code Enforcement Board shall hold any elected or nonelected office, paid or unpaid, or any position of employment with the city.
(Ord. 2020.03, passed 8-21-20)
(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 on the fourth Monday of every month. 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) Action 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. 2020.03, passed 8-21-20)
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 or herself from voting on the matter in which he or she has an interest, and shall not be counted for purposes of establishing a quorum.
(Ord. 2020.03, passed 8-21-20)
The Code Enforcement Board shall have the following powers and duties:
(A) To adopt rules and regulations to govern its operations and the conduct of its hearings consistent with this chapter.
(B) To conduct hearings to determine if there has been a violation of an ordinance over which it has jurisdiction.
(C) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Code Enforcement Board may be served by any code enforcement officer.
(D) To take testimony under oath. The chairman shall have the authority to administer oaths for the purpose of taking testimony.
(E) To make findings of fact and issue orders necessary to remedy any violation of a city ordinance or code provision which the Board is authorized to enforce.
(F) To impose civil fines, as authorized, on any person found to have violated an ordinance over which the Board has jurisdiction.
(Ord. 2020.03, passed 8-21-20)
The following requirements shall govern all enforcement proceedings before the Code Enforcement Board:
(A) Enforcement proceedings shall only be initiated by the issuance of a citation by a code enforcement officer.
(B) Except when immediate action is necessary pursuant to § 151.64
, when a code enforcement officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of a city ordinance, the code enforcement officer is authorized to issue a citation by one of the following methods:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person eighteen (18) years of age or older who is on the premises, if the alleged violator is not on the premises at the time the citation is issued;
(3) Mailing a copy of the citation by regular, first-class mail to the last known recorded mailing address of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in divisions (B)(1) through (3) is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(C) When authorized by ordinance, a code enforcement officer may, in lieu of immediately issuing a citation, give notice that a violation shall be remedied within a specified period of time. If the person to whom the notice is given fails or refuses to remedy the violation within the time specified, the code enforcement officer is authorized to issue a citation.
(D) The citation issued by the code enforcement officer shall contain the following information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The physical address of the premises where the violation occurred;
(4) The date and time the offense was committed;
(5) The facts constituting the offense;
(6) The section(s) of the code or the number(s) of the ordinance violated;
(7) The name of the code enforcement officer;
(8) The civil fine that may be imposed for the violation, including, if applicable:
(a) The civil fine that will be imposed if the person does not contest the citation; and
(b) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation;
(10) A statement that the code enforcement officer has the authority to abate any and all deficiencies contained in the citation with all charges and fees incurred by the city in connection with the enforcement of the ordinance billed to the owner.
(11) A statement that if the person fails to pay the civil fine 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 Code Enforcement Board to contest the citation; the determination that the violation was committed shall be final; the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation; and the person shall be deemed to have waived the right to appeal the final order to Henderson County District Court.
(E) After issuing a citation to an alleged violator, the code enforcement officer shall notify the Code Enforcement Board by delivering the citation to the board via email.
(F) Once a citation is issued, the code enforcement officer has the authority to abate any and all deficiencies contained in the citation with all charges and fees incurred by the city in connection with the enforcement of the ordinance billed to the owner.
(G) (1) The person to whom the citation is issued shall respond to the citation within ten days of the date of issuance by either paying the civil fine set forth in the citation, or abating the violation, or requesting, in writing, a hearing to contest the citation. If the person fails to respond to the citation within ten days, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to Henderson County District Court.
(2) Notice of a final order shall be provided to the cited violator by:
(a) Regular first-class mail;
(b) Certified mail, return receipt requested;
(c) Personal delivery; or
(d) 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.
(Ord. 2020.03, passed 8-21-20)
(A) When a hearing has been requested, the Code Enforcement Board or its administrative staff shall schedule a hearing.
(B) Not less than seven days before the date of the hearing, the Code Enforcement Board or its administrative staff shall notify the requester of the date, time, and place of the hearing. The notice may be given by regular first-class mail; 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.
(C) (1) Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation, and the determination that a violation was committed shall be final. In this event, the citation as issued shall be deemed a final order determining the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to Henderson County District Court.
(2) Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; 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.
(D) All testimony at the hearing shall be taken under oath and recorded. Testimony shall be taken from the code enforcement officer, the alleged violator, and any witnesses to the violation offered by the code enforcement officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(E) The Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. If it is determined that no violation was committed, an order dismissing the citation shall be entered. If it is determined that a violation was committed, an order may be issued upholding the citation. The Board may impose a fine up to the maximum authorized by ordinance or require the offender to remedy a continuing violation to avoid a fine, or both.
(F) Every final order following a hearing 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 by regular first-class mail; certified mail, return receipt requested; 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.
(Ord. 2020.03, passed 8-21-20)
Each case before the Code Enforcement Board shall be presented by an attorney selected by the city, a code enforcement officer for the city, or by a member of the city’s administrative staff. The City Attorney may either be counsel to the Code Enforcement Board or may present cases before the Code Enforcement Board, but shall in no case serve in both capacities.
(Ord. 2020.03, passed 8-21-20)
(A) An appeal from a final order of a Code Enforcement Board following a hearing conducted pursuant to § 151.48
may be made to the Henderson County District Court within 30 days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
(B) If no appeal from a final order of the Code Enforcement Board is filed within the time period set in division (A) above, the Code Enforcement Board’s order shall be deemed final for all purposes.
(Ord. 2020.03, passed 8-21-20)
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