§ 92.15  POWERS AND DUTIES OF THE CITY MANAGER OR DESIGNEE; RECORD KEEPING; INSPECTION.
   The powers and duties of the City Manager or any person that he or she may designate, including Code Enforcement Officers, assistants, staff or employees, shall include, but not be limited to, the following all pursuant to KRS 65.8801 through 65.8840:
   (A)   To conduct surveys and make inspections in any area of the community or within the city to determine compliance with this chapter or other ordinances he or she is empowered to enforce;
   (B)   To investigate all complaints made about buildings, structures, vacant lots or other premises within the city, whether they be verbal, written or in the form of a petition, alleging or charging that a violation of this chapter exists or that a dwelling, structure or building is unfit or unsafe for human habitation or other occupancy;
   (C)   To inspect, survey or investigate any building, structure, dwelling or premises between the hours of 8:00 a.m. and 6:00 p.m., or at any time if an emergency exists or if requested by the owner or occupant. A Code Enforcement Officer may enter a building, structure, dwelling or premises to inspect, survey or investigate with the consent of the owner or occupant, in emergency situations, or when an inspection, survey or investigation is required before a permit is issued or funding is provided by the city or is part of a licensing scheme adopted by the city. If an owner or occupant refuses to consent to entry or inspection of a building, structure, dwelling or premises, a Code Enforcement Officer may obtain a search warrant for this purpose from a court of appropriate jurisdiction. In addition, a Code Enforcement Officer may obtain a search warrant to inspect several buildings or structures in a particular area as part of an area inspection policy promulgated by the city. Probable cause to issue a search warrant may be based upon the passage of time, the nature of the building (e.g., a multi-family apartment house), the condition of the entire area or other reasonable legislative or administrative standards adopted by the city. Probable cause does not need to depend upon specific knowledge of a condition existing in a particular dwelling. A Code Enforcement Officer conducting an inspection pursuant to this chapter shall provide identification and statement of purpose before entering any building, structure, dwelling or premises and the person in possession or in charge of the building, structure, dwelling or premises shall give the City Manager, or his or her designee and his or her assistants, staff or employees free access to such property for the purposes set forth herein;
   (D)   To administer oaths and affirmations, to examine witnesses, and receive evidence;
   (E)   To appoint and fix the duties of such officers, agents and employees as he or she deems necessary to carry out the purposes of this chapter;
   (F)   To delegate any of his or her functions and powers under this chapter and other ordinances to such officers, agents and employees as he or she designates;
   (G)   To seek through the appropriate judicial officer or office, such warrants that are necessary to enforce the provisions of this chapter and in pursuit of said warrants, make such oath or affirmation necessary in support thereof;
   (H)   To keep records of all complaints received, inspection reports, orders and of other actions taken. The records shall be made available for public inspection upon request within a reasonable amount of time. The City Manager, or his or her designee, shall prepare an annual report including statistics based on the records kept;
   (I)   Inspection of public documents maintained by the City Manager, or his or her designee, shall be allowed only after a written application is made to the City Manager, or his or her designee. Inspection of public documents shall be done in the presence of an authorized employee or agent of the City Manager, or his or her designee. If copies are requested, the city may require advance payment of a copying fee, including postage, before providing the copies to the requestor. The city reserves the right to withhold requested documents or redact portions of documents that may constitute an unwarranted invasion of personal privacy;
   (J)   Under normal circumstances, public records shall be provided within three days after receipt of a request for such records (excepting Saturdays, Sundays and legal holidays); or, in the event that the public document is determined to be exempt, pursuant to KRS 61.878, notification of such determination shall be made within three days (excepting Saturdays, Sundays and legal holidays). Notification shall be made in the manner provided by KRS 61.880; and
   (K)   Blanket requests for information on particular subjects without specifying certain public documents shall not be honored. No list of information gathered from public documents shall be provided unless such lists are already in existence and not otherwise confidential by law.
(1984 Code, § 92.15)  (Ord. O-13-03, passed 4-1-2003; Ord. O-49-12, passed 12-4-2012; Ord. O-32-16, passed 11-15-2016; Ord. O-15-20, passed 8-11-2020)