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(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)
Any peace officer, Code Enforcement Officer, Fire Department or Fire District official and any other appropriate investigating officials of the city, shall have the right to enter any portion of a recovery residence's premises during regular business hours where residents and employees are permitted for the purpose of making reasonable inspections and determining compliance with zoning, health, sanitation, structural, electrical, plumbing, fire, property maintenance and safety regulations, as well as all other provisions of law or regulations.
(Ord. O-21-24, passed 8-27-2024)
(A) The provisions of this subchapter shall be administered and enforced by the Director or a designee.
(B) The Director or a designee shall cooperate with, share and receive information required to be provided to the city by the Commonwealth of Kentucky, Cabinet for Health and Family Services, Kentucky Recovery Housing Network or other government agency.
(C) Violations of the provisions of this subchapter shall be enforced by the Director or a designee in accordance with the code enforcement proceeding set forth in Ch. 92 of this code of ordinances and the penalties set forth in § 124.99.
(D) In addition to the penalties provided in § 124.99, the Director is authorized to enforce the provisions of this subchapter through appropriate legal action to compel a recovery residence that is operating in violation of this subchapter and/or KRS 222.500 through 222.510, as may be amended, to cease operating.
(Ord. O-21-24, passed 8-27-2024)
(A) (1) Any person who operates a shelter without a license as provided in §§ 124.10 through 124.19 shall be issued a citation by an enforcement officer designated by the Director, and ordered to cease operations until a valid license is obtained. Operating a shelter without a license shall constitute a civil offense and any person, firm or corporation who operates a shelter without a license shall be subject to a civil fine of not less than $500, nor more than $1,000, per day for each day that a shelter is operated without a valid license. Citations and enforcement proceedings shall be pursued in accordance with Ch. 92 of this code of ordinances. Each day of such violation(s) shall constitute a separate offense.
(2) Operating a licensed shelter in a manner that violates the provisions of §§ 124.10 through 124.19 shall constitute a civil offense and any person, firm or corporation who operates a licensed shelter in a manner that violates the provisions of §§ 124.10 through 124.19 shall be subject to a civil fine of not less than $100, nor more than $1,000, per day for each day that a licensed shelter is operated in a manner that violates this code. Citations and enforcement proceedings shall be pursued in accordance with Ch. 92 of this code of ordinances. Each day of such violation(s) shall constitute a separate offense.
(3) Any person who owns or operates a recovery residence in a manner that violates the provisions of §§ 124.30 through 124.36 shall be subject to a maximum civil fine of $1,000 for each violation. If the person who has committed the violation does not contest the citation, a civil fine of $500 for each violation shall be imposed. If the owner or operator of the recovery residence has been found guilty of violating the provisions of §§ 124.30 through 124.36 with respect to the same recovery residence at issue, within the five years preceding the date on which the citation is issued, the owner or operator shall be subject to having its license for that particular recovery residence suspended for a period of time up to one year, or revoked for a period of time up to five years.
(B) A person found to have committed a violation of this code shall be personally responsible for the amount of the civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(1984 Code, § 117.99) (Ord. O-05-20, passed 2-11-2020; Ord. O-27-20, passed 12-15-2020; Ord. O-11-23, passed 6-28-2023; Ord. O-21-24, passed 8-27-2024)