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(A) Pursuant to KRS 65.8825(1), enforcement proceedings before the Board shall be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) 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 local government ordinance, the officer is authorized to issue a citation to the offender. The citation shall be served by one or more of the following methods:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person 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 (B)(3) above 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, a Code Enforcement Officer may, in lieu of immediately issuing a citation, give notice that a violation can be remedied within a specified time period. 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) (1) If a Code Enforcement Officer elects to give notice of violation in lieu of immediately issuing a citation, this notice should be sent to the offending party by regular first-class mail at the last known address of the party.
(2) The notice required by this section shall be in plain language and shall:
(a) Be in writing;
(b) Include a description of the real estate sufficient for its identification;
(c) Include a statement of the reason or reasons why the notice of violation is being issued; and
(d) Include a correction order allowing a reasonable amount of time for the correction of any and all violations.
(E) Any citation issued by the Code Enforcement Officer shall be in a form prescribed by the city and shall contain, in addition to any other information required by ordinance or rule of the Board, 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 date and time the offense or violation was committed;
(4) The facts constituting the offense or violation;
(5) The section of the code or number of the ordinance violated;
(6) The name of the Code Enforcement Officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the citation;
(8) 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; and
(10) 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 Board to contest the citation and that the determination that a violation was committed shall be final and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the administrative official designated by ordinance or by the Board.
(G) When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days of the date the citation is issued by either paying the civil fine set forth in the citation or requesting, in writing, a hearing before the Board to contest the citation. If a hearing is requested, the person requesting the hearing shall pay an administrative hearing fee in the amount of $50 at the time of the written request for the hearing. If the person fails to respond to the citation within seven days, the person 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 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 District Court.
(H) 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.
(I) Destroying orders or notices: no person or owner shall destroy, remove or deface any order or notice posted by a Code Enforcement Officer.
(J) Disobeying orders: no person or owner shall disobey any order issued by a Code Enforcement Officer, or use or occupy or permit any other person to use or occupy any premises ordered closed by the Neighborhood Services Department or other appropriate department.
(1984 Code, § 92.17) (Ord. O-13-03, passed 4-1-2003; Ord. O-2-07, passed 2-6-2007; Ord. O-28-10, passed 8-17-2010; Ord. O-49-12, passed 12-4-2012; Ord. O-32-16, passed 11-15-2016; Ord. O-12-17, passed 6-27-2017; Ord. O-15-20, passed 8-11-2020)