(A) The city’s Code Enforcement Board (hereinafter referred to as “the Board”) is hereby established.
(B) The Board is established pursuant to KRS 65.8801 et seq., and shall be composed of five members appointed by the Mayor of the city, subject to approval by the Board of Commissioners.
(C) The Board members shall hear all matters pursuant to KRS 65.8801 et seq.
(D) Upon the hearing of cases pursuant to KRS 65.8801 et seq., the Board shall issue findings of fact, conclusions of law and orders pursuant to its authority described in KRS 65.8801 et seq.
(E) The initial appointments of the members of the board shall be made pursuant to KRS 65.8808 and KRS 65.8811 et seq. The initial appointments to the board shall be as follows:
(1) One member shall be appointed for a term of one year;
(2) Two members shall be appointed for a term of two years each; and
(3) Two members appointed for a term of three years each.
(F) Each member of the Board shall have resided within the boundaries of the city for a period of at least one year prior to the date of the member’s appointment and shall reside there throughout the term in office.
(G) A Board member may be reappointed, subject to the approval of the Mayor and Board of Commissioners. All subsequent appointments shall be for a term of three years.
(H) Any vacancy on the board shall be filled within 60 days by the executive authority, subject to the approval of the legislative body pursuant to KRS 65.8811(5). If a vacancy is not filled by the executive authority within 60 days, the remaining Board members shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(I) Any member of the Board may be removed by the appointing authority for misconduct, inefficiency or willful neglect of duty, pursuant to KRS 65.8811(6). Any appointing authority who exercises the power to remove a member of the Board shall submit a written statement to the member and to the legislative body of the city setting forth the reason(s) for removal. The member so removed shall have the right to appeal the removal to the county’s Circuit Court pursuant to KRS 65.8811(6).
(J) All members of the Board shall, before entering upon their duties, take the oath of office prescribed by § 228 of the Kentucky Constitution.
(K) No member of the Board shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city.
(L) Each member of the Board shall be compensated for his or her services as authorized by the Mayor of the city and the Board of Commissioners.
(M) The Board shall, upon the initial appointment of its members, and annually thereafter, elect a Chairperson from among its members who shall be the presiding officer and a full voting member of the board. In the absence of the Chairperson, the remaining members of the Board shall select one of their number to preside in place of the Chairperson and exercise the powers of the Chairperson.
(N) (1) Meetings of the Board shall convene at a time and place to be designated by the Board. Regardless of the actual meeting times set by the Board, it shall convene at least once a month. These meeting times shall not be altered without proper notice to the City Manager, or his or her designee, so that all hearing times may be noticed and scheduled.
(2) This notice shall be in writing and signed by the Chairperson or acting Chairperson of the Board.
(O) The presence of three or more members shall constitute a quorum on the Board. The affirmative vote of a majority of the members constituting a quorum shall be necessary, for any official action to be taken. Any member of the Board who has any direct or indirect financial or personal interest in any matter to be decided shall disclose the nature of the interest and shall disqualify himself or herself from voting on the matter and shall not be counted for purposes of establishing a quorum.
(P) Minutes shall be kept for all proceedings of the Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(Q) All meetings and hearings of the Board shall be open to the public.
(R) The city, by and through the City Manager, or his or her designee, shall provide clerical and administrative personnel reasonably needed by the Board for the proper conduct of its duties.
(S) The Mayor of the city may appoint two alternate members to serve on the Board in the absence of regular Board members. The appointment of the alternates shall be subject to the approval of the Board of Commissioners. Alternate Board members shall meet all of the qualifications and be subject to all of the requirements that apply to regular Board members.
(T) The Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing any ordinance, including any zoning ordinance or regulation, adopted by the city so long as a violation of the ordinance is classified as a civil offense or the ordinance establishes civil fines as the penalty to be imposed on any person who violates the ordinance. Any ordinance or regulation enforced by the Board shall provide by its express terms, the following:
(1) A violation of the ordinance is a civil offense; and
(2) Either:
(a) A specific civil fine or fines that may be imposed for each violation of the ordinance; or
(b) Two separate civil fines as follows:
1. A maximum civil fine that may be imposed for each violation of the ordinance; and
2. A specific civil fine of less than the maximum civil fine that will be imposed for each offense if the person who has committed the offense does not contest the citation.
(U) No provision of this chapter shall be enforced as a civil offense if the same conduct constitutes a criminal offense or a moving motor vehicle offense under any provision of the state statutes.
(V) The Board shall have the following powers when enforcing ordinances:
(1) To conduct hearings to determine whether there has been a violation of any ordinance of the city for which a violation thereof has been designated a civil offense;
(2) To subpoena alleged violators, witnesses and evidence to hearings. Subpoenas issued by the Board may be served by any Code Enforcement Officer;
(3) To take testimony under oath. The Chairperson of the Board shall have the authority to administer oaths to witnesses prior to their testimony before the Board on any matter;
(4) To make findings and issue orders necessary to remedy any violation of an ordinance of the city that the Board has jurisdiction to enforce; and
(5) To impose civil fines as authorized by this chapter on any person found to be in violation of any ordinance that the Board has jurisdiction to enforce.
(W) 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.
(1984 Code, § 92.16) (Ord. O-13-03, passed 4-1-2003; Ord. O-49-12, passed 12-4-2012; Ord. O-08-14, passed 5-27-2014; Ord. O-32-16, passed 11-15-2016; Ord. O-15-20, passed 8-11-2020)