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(A) In the event the Director has reason to believe that a shelter is operating in violation of this subchapter, or that the transfer of a license would create a violation of this subchapter, the Director shall provide written notice to the operator that the shelter license is suspended, revoked or denied a transfer. The written notice shall include the reasons for the revocation, suspension or denial of a transfer, and shall be sent by certified letter, return receipt requested, to the most current address listed in the affected operator’s file. Such notice shall include information regarding the right to appeal the decision. Any decision by the Director to suspend, revoke or deny the transfer of any license issued hereunder shall remain in abeyance until all appeals are exhausted or the time for filing the initial appeal from the Director’s decision under division (B) below has expired.
(B) Upon receipt of a decision from the Director to suspend, revoke or deny the transfer of a license, the operator affected thereby shall have ten business days from the date of receipt of said notice to appeal the Director’s decision by notifying the Director in writing of the basis for said appeal. The notice of appeal may be hand delivered to the Director or sent certified mail, return receipt requested. Unless a timely notice of appeal is received, the decision of the Director shall be final.
(C) When the Director receives a notice of an appeal, the Director shall schedule a time and date for the appeal to be heard before the Code Enforcement Board and such hearing shall be held within 30 calendar days of the date the Director receives the notice of appeal. The Director shall notify the appellant in writing of the hearing date and may send such notice by regular first class mail. The appellant may request an alternate hearing date but in no event shall it be more than 30 days after the originally scheduled date.
(D) At the hearing on any license suspension, revocation or denial of license transfer, the operator shall have the right to counsel, present evidence and offer testimony by witnesses. The hearing shall be transcribed. The Board shall render written findings within 20 days of its oral decision. The Board’s decision will be final unless appealed.
(E) Any party adversely affected by the Code Enforcement Board’s decision may appeal it to the Kenton Circuit Court within 30 days of the date the Board issues its written findings. The party appealing the Board’s decision will be responsible for the cost of preparing the transcript which, along with evidence presented and the written findings of the Board, shall constitute the record on appeal. The decision of the Board shall be effective during the pendency of the appeal unless stayed by a court of competent jurisdiction.
(1984 Code, § 117.09) (Ord. O-05-20, passed 2-11-2020)
(A) In addition to the penalties provided in § 124.99 of this chapter, the Director is authorized to enforce the provisions of this subchapter through declaratory, injunctive and other civil actions filed in any court of competent jurisdiction.
(B) The Director has the authority to issue rules and regulations for the implementation of this subchapter. Written notice of the issuance of any rules and/or regulations concerning the implementation of this subchapter shall be sent by first class mail to all license holders ten days prior to the date they become effective. The rules and regulations shall be available to the public online through the city website.
(1984 Code, § 117.10) (Ord. O-05-20, passed 2-11-2020)
(A) Elements of this subchapter requiring an existing shelter to invest $50,000 or more in capital funds to become compliant shall be effective two years from the date of passage and publication of the chapter. Shelters desiring such a delay shall submit a petition to the Director within 90 days after adoption of this subchapter.
(B) The operators of existing facilities shall apply for the permit and submit the required documentation within six months after the date of passage and publication of this subchapter.
(C) All shelters occupied for the first time after January 1, 2020 shall comply fully with the requirements of the subchapter without delay.
(1984 Code, § 117.11) (Ord. O-05-20, passed 2-11-2020)
RECOVERY RESIDENCES
(A) No person shall own or operate a recovery residence unless the owner or operator has first obtained a recovery residence license. A separate license is required for each recovery residence owned
or operated by an individual or entity. The issued license shall be posted in a readily visible place in the recovery residence.
(B) The license is renewable annually and shall expire on the last day of the month one year after the date of issuance.
(C) The license is non-transferable, may not be assigned to another person or entity, and is void upon transfer of the property.
(Ord. O-21-24, passed 8-27-2024)
(A) The owner or operator of each recovery residence shall submit a written application for a recovery residence license to the Director or a designee on a form provided by the city. The city may provide an electronic application in lieu of or in addition to a written application. The application shall, at minimum, set forth:
(1) The name, address, email address and phone number of the applicant;
(2) The name, address, email address and phone number of a designated point of contact, if different from the applicant;
(3) The address of the recovery residence to be licensed;
(4) The number of bedrooms in the recovery residence and maximum occupancy;
(5) Proof of certification or provisional approval by a certifying organization recognized by Kentucky, or proof that a certification process has been initiated with a certifying organization;
(6) A sworn statement of compliance with KRS 222.500 through 222.510;
(7) Proof of a zoning permit or approval for the property to be used as a recovery residence; and
(8) Proof of valid business and occupational licenses with the city.
(B) If the license application is incomplete, the Director or a designee shall return the application with written instructions regarding proper completion and resubmission of the application.
(Ord. O-21-24, passed 8-27-2024)
(A) Following receipt of a complete application, a city code inspector shall inspect the property prior to the issuance of the license and the recovery residence must pass inspection to obtain the license.
(B) If the inspection finds violation of any of the codes, the code inspector shall provide written notice to the applicant and the license application shall not be further considered until the code violations are corrected and the unit successfully reinspected. If the violations are not corrected within 20 days after notice of violation, the application shall be denied unless the deadline is further extended by the code inspector.
(C) A reinspection fee of $75 shall be charged for each reinspection required because the recovery residence failed to meet the standards set forth in this subchapter or the applicant failed to appear for a scheduled inspection.
(Ord. O-21-24, passed 8-27-2024)
Each recovery residence shall be in compliance with any currently applicable laws and regulations of the federal, state or local governments, as may be amended from time to time including, but not limited to:
(A) The International Property Maintenance Code (IPMC) 2015, National Fire Protection Association (NFPA) Life Safety Code, National Fire Protection Association (NFPA) 1 Fire Code;
(B) The city’s Zoning Code;
(C) Occupancy limits established by the local building official and the city’s Fire Department; and
(D) The provisions of KRS 17.545 unless the recovery residence excludes registered sex offenders.
(Ord. O-21-24, passed 8-27-2024)
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