(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABATEMENT COSTS." A city's necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation and to maintain and preserve the public health, safety and welfare in accordance with any city ordinance.
"CODE ENFORCEMENT BOARD." An administrative body created and acting under the authority of the Local Government Code Enforcement Board Act, KRS 65.8801 to 65.8839.
"CODE ENFORCEMENT OFFICER." A city police officer, safety officer, citation officer, or other public law enforcement officer with the authority to issue a citation.
"FINAL ORDER." Any order:
(a) Issued by the Code Enforcement Board in accordance with division (J)(5) or (6) below;
(b) Issued by an assigned hearing officer in accordance with and division (J)(5) below and that is not appealed to the Code Enforcement Board as provided in division (J)(6) below;
(c) Created because a violator neither paid nor contested the citation within seven (7) days as provided in division (I)(6) below; or
(d) Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in division (J)(3) below.
"IMMINENT DANGER." A condition which is likely to cause serious or life-threatening injury or death at any time.
"ORDINANCE." An official action of a local government body, which is a regulation of a general and permanent nature and enforceable as a local law and shall include any provision of a code of ordinances adopted by the city legislative body which embodies all or part of an ordinance.
"OWNER." A person, association, corporation, partnership or other legal entity having a legal or equitable title in real property.
"PREMISES." A lot, plot or parcel of land, including any structures upon it.
(B) Creation and membership. There is hereby created pursuant to KRS 65.8801 to KRS 65.8839 within the city, a Code Enforcement Board which shall be composed of three (3) members, all of whom shall be residents of the city for a period of at least one (1) year prior to their appointment and shall reside there throughout the term in office.
(C) Enforcement powers.
(1) The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing city ordinances when a violation of the ordinance has been classified as a civil offense.
(2) The Code Enforcement Board shall not have the authority to enforce any ordinance regulating conduct which would also, under any provision of the Kentucky Revised Statutes, constitute a criminal offense or a moving motor vehicle offense.
(D) Appointment of members; term of office; removal from office; oath; compensation.
(1) Members of the Code Enforcement Board shall be appointed by the executive authority of the city, subject to the approval of the legislative body.
(2) The initial appointment to the Code Enforcement Board shall be as follows:
(a) One-third (1/3) of the membership of the Board shall be appointed for a term of one (1) year;
(b) One-third (1/3) of the membership of the Board shall be appointed for a term of two (2) years;
(c) One-third (1/3) of the membership of the Board shall be appointed for a term of three (3) years.
(3) All subsequent appointments shall be for a term of three (3) years. A member may be reappointed, subject to the approval of the legislative body.
(4) The executive authority may appoint, subject to the approval of the legislative body, two (2) alternate members to serve on the Code Enforcement Board in the absence of regular members. Alternate members shall meet all of the qualifications and shall be subject to all of the requirements that apply to regular members of the Code Enforcement Board.
(5) Any vacancy on the Board shall be filled by the executive authority, subject to approval of the legislative body, within sixty (60) days of the vacancy. If the vacancy is not filled within that time period, the remaining Code Enforcement Board members shall fill the vacancy. A vacancy shall be filled for the remainder of the unexpired term.
(6) A Board member may be removed from office by the executive authority for misconduct, inefficiency, or willful neglect of duty. The executive authority shall submit a written statement to the member and the legislative body setting forth the reasons for removal. The member so removed shall have the right of appeal to the Circuit Court.
(7) All members of the Code Enforcement Board shall, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
(8) Members of the Code Enforcement Board shall be reimbursed for actual expenses and compensated in the amount of twenty five dollars ($25.00) per meeting.
(9) No member of the Code Enforcement Board shall hold any elected or non- elected office, paid or unpaid, or any position of employment with the city.
(E) Organization of Board; meetings; quorum.
(1) The Code Enforcement Board shall annually elect a Chair from among its members. The Chair shall be the presiding officer and a full voting member of the Board. In the absence of the Chair, the remaining members of the Board shall select a member to preside in place of and exercise the powers of the Chair.
(2) Regular meetings of the Code Enforcement Board shall be held on the third Thursday of every third month beginning with the month of January and continuing each third month thereafter. Meetings other than those regularly scheduled shall be special meetings or emergency meetings held in accordance with the requirements of the Kentucky Open Meetings Act.
(3) All meetings and hearings of the Code Enforcement Board shall be public meetings held in accordance with the requirements of KRS 65.8815(5) and the Kentucky Open Meetings Act.
(4) The presence of at least a majority of the Board's entire membership shall constitute a quorum. The affirmative vote of a majority of a quorum of the Board shall be necessary for any official action to be taken.
(5) Minutes shall be kept for all proceedings of the Code Enforcement Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(F) Conflict of interest. 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, disqualify himself from voting on the matter in which he has an interest, and shall not be counted for purposes of establishing a quorum.
(G) Powers of the Code Enforcement Board. The Code Enforcement Board shall have the following powers and duties:
(1) To adopt rules and regulations to govern its operations and the conduct of its hearings consistent with this section.
(2) To conduct hearings to determine if there has been a violation of an ordinance over which it has jurisdiction.
(3) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Code Enforcement Board may be served by any Code Enforcement Officer.
(4) To take testimony under oath. The Chairman shall have the authority to administer oaths for the purpose of taking testimony.
(5) To make findings of fact and issue orders necessary to remedy any violation of a city ordinance or code provision which the Board is authorized to enforce.
(6) To impose civil fines, as authorized, on any person found to have violated an ordinance over which the Board has jurisdiction.
(7) To assign a hearing officer to conduct hearings in accordance with division (H) below.
(H) Hearing officers.
(1) Eligibility.
(a) The Code Enforcement Board may assign any of its members, including the Chair, to be a hearing officer.
(b) The Board may assign an individual who is not a member of the Board to be a hearing officer as long as the individual does not hold any elected or appointed office or position of employment with the city.
(2) Experience and training.
(a) A person assigned to be a hearing officer by the Code Enforcement Board shall have experience or shall have received training in the code enforcement process and basic procedural due process. At a minimum, the experience or training shall include acquired knowledge regarding a party's fundamental due process right to:
1. Be accompanied and advised by counsel at the hearing;
2. Present evidence and witnesses on his or her behalf at the hearing;
3. Examine the evidence opposing the party; and
4. Confront and cross-examine the witnesses opposing the party.
(b) The Code Enforcement Board may establish additional standards in writing, including but not limited to examples of qualifying experience and training, and minimum amounts of experience or training required.
(c) Before assigning a person as a hearing officer, the Code Enforcement Board shall require the person to submit a written, signed affidavit describing and verifying the experience or training received. The affidavit shall be provided on a form prescribed by the Code Enforcement Board.
(d) The Code Enforcement Board shall determine whether the affidavit satisfies the experience or training requirements as set forth in this division and any additional standards established in writing by the Board. The Board shall not assign a person as a hearing officer unless it has determined that the affidavit satisfies the experience or training requirements.
(3) Hearing powers and procedures.
(a) An assigned hearing officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence.
(b) Any hearing conducted by a hearing officer shall conform to the procedural requirements in division (J) below.
(4) Final order.
(a) Following a hearing, the assigned hearing officer shall make written findings of facts and conclusions of law, and enter a final order in accordance with division (J)(5) or (6) below.
(b) Within twenty-four (24) hours of entry, these findings, conclusions, and final order shall be forwarded to the alleged violator, and to the Code Enforcement Board. The findings, conclusions, and recommended order may be delivered to the alleged 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 eighteen (18) years of age or older and who is informed of the contents of the delivery.
(5) Appeal from final order.
(a) An alleged violator may appeal a final order issued by a hearing officer to the Code Enforcement Board.
(b) The appeal shall be filed in writing to the Code Enforcement Board within seven (7) days of receipt of the final order. Failure to file an appeal within seven (7) days shall render the order final for all purposes.
(c) An alleged violator shall exhaust the administrative remedy of appeal to the Code Enforcement Board before pursuing an appeal to District Court in accordance with division (L) below.
(I) Enforcement proceedings. The following requirements shall govern all enforcement proceedings before the Code Enforcement Board or hearing officer:
(1) Enforcement proceedings shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(2) Except when immediate action is necessary pursuant to division(Q) below, if a Code Enforcement Officer believes, based on his personal observation or investigation, that a person has violated a city ordinance, he shall issue a notice of violation allowing the alleged violator a specified period of time to remedy the violation without incurring a fine. If the alleged violator fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(3) The Code Enforcement Officer shall issue the citation by one of the following methods:
(a) Personal service to the alleged violator;
(b) Leaving a copy of the citation with any person eighteen (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; or
(c) Mailing a copy of the citation by regular first-class mail to the last known recorded mailing address of the alleged violator; or
(d) If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in division (I)(3)(a), (b) or (c) above is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(4) The citation issued by the Code Enforcement Officer shall contain the following information:
(a) The date and time of issuance;
(b) The name and address of the person to whom the citation is issued;
(c) The physical address of the premises where the violation occurred;
(d) The date and time the offense was committed;
(e) The facts constituting the offense;
(f) The section of the code or the number of the ordinance violated;
(g) The name of the Code Enforcement Officer;
(h) The civil fine that may be imposed for the violation, including, if applicable:
1. The civil fine that will be imposed if the person does not contest the citation; and
2. The maximum civil fine that may be imposed if the person elects to contest the citation.
(i) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(j) 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 Code Enforcement Board or hearing officer to contest the citation; the determination that the violation was committed shall be final; 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.
(5) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the City Clerk.
(6) The person to whom the citation is issued shall respond to the citation within seven (7) days of the date of issuance by either paying the civil fine or requesting, in writing, a hearing to contest the citation. If the person fails to respond to the citation within seven (7) days, the person shall be deemed to have waived the right to a hearing 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.
(J) Hearing; notice; and final order.
(1) When a hearing has been requested, the Code Enforcement Board or its administrative staff shall schedule a hearing.
(2) Not less than seven (7) days before the date of the hearing, the Code Enforcement Board shall notify the requester of the date, time, and place of the hearing. The notice may be given 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 eighteen years (18) of age or older and who is informed of the contents of the notice.
(3) (a) Any person requesting a hearing who fails to appear at the time and place set for the hearing 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 final. In this event, the citation as issued shall be deemed a final order determining the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(b) 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 eighteen (18) years of age or older and who is informed of the contents of the order.
(4) All testimony at the hearing shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(5) If the Code Enforcement Board is reviewing a final order entered by a hearing officer on appeal as authorized by division (H)(5) above, the Board shall review the record created before the hearing officer and determine whether there is substantial evidence on the record to support the finding of the hearing officer. If the Code Enforcement Board determines there is not substantial evidence on the record, it shall enter an order dismissing the citation. If the Board determines that there is substantial evidence on the record, it shall issue a final order upholding the order entered by the hearing officer. The provisions of this section shall apply to any appeal hearing conducted pursuant to this division.
(6) (a) Every final order following a hearing shall be reduced to writing, which shall include the findings and conclusions reached and the date the order was issued. A copy shall be furnished to the person named in the citation.
(b) If the person named in the citation is not present when the final order is issued, the order shall be delivered 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 eighteen (18) years of age or older and who is informed of the contents of the notice.
(K) Presentation of cases. Each case before the Code Enforcement Board or assigned hearing officer shall be presented by an attorney selected by the city, a Code Enforcement Officer for the city, or by a member of the city's administrative staff. The City Attorney may either be counsel to the Code Enforcement Board or hearing officer, or may present cases before the Board or hearing officer, but shall in no case serve in both capacities.
(L) Appeals; final judgment.
(1) An appeal from a final order of a Code Enforcement Board or assigned hearing officer following a hearing conducted pursuant to division (J)(5) above may be made to the Grant County District Court within thirty (30) days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
(2) If no appeal from a final order following a hearing is filed within the time period set in division (L)(1) above, the order shall be deemed final for all purposes.
(M) Ordinance fine schedule. Violations of ordinances that are enforced by the Code Enforcement Board or an assigned hearing officer shall be subject to the following schedule of civil fines.
Violation | 1st Offense | 2nd Offense | All Others |
Animals | $25.00 | $50.00 | $100.00 |
Unsafe and unfit structure code | $100.00 | $125.00 | $150.00 |
Garbage | $10.00 | $25.00 | $50.00 |
Occupational license | $50.00 | $75.00 | $100.00 |
Weeds | $10.00 | $25.00 | $50.00 |
(N) Lien; fines, charges, and fees.
(1) The city shall possess a lien on property owned by the person found by a nonappealable final order as defined by division (A) above, or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
(2) The lien shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest until paid. The lien shall continue for ten (10) years following the date of the nonappealable final order or final court judgment.
(3) Subject to division (P) below, the lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.
(4) In addition to the remedy prescribed in division (N)(1) above, the person found to have committed the violation shall be personally responsible for the amount of all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(O) Lienholder notification system. The city shall obtain and maintain priority over previously filed liens, as provided in division (N) above, in accordance with the following provisions:
(1) Individuals and entities, including but not limited to lienholders, may register with the city to receive electronic notification of final orders entered pursuant to this section.
(2) In order to receive the notification, the registrant shall submit the following information to the City Clerk or designated employee:
(a) Name;
(b) Mailing address;
(c) Phone number; and
(d) Electronic mailing address.
(3) A registrant may use the electronic form provided on the city Website to submit the information required by division (O)(2) above. It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The city shall inform a registrant of any evidence received that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
(4) Once every two weeks, the city shall send electronic mail notification of all final orders entered pursuant to this section since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to the Code Enforcement database located on the city Website. The database shall include the following information regarding each final order:
(a) The name of the person charged with a violation;
(b) The physical address of the premises where the violation occurred;
(c) The last known mailing address for the owner of the premises where the violation occurred, if in the exercise of reasonable diligence, it is ascertainable;
(d) A copy of the full citation;
(e) A copy of the full final order; and
(f) The status of the final order regarding its ability to be appealed pursuant to this section.
(5) If an appeal is filed on a final order pursuant to this section, the city shall send electronic mail notification to all registrants.
(6) The city shall update its Code Enforcement database to reflect the issued final order, and shall post this notification required by division (O)(4) above containing an updated link to the Code Enforcement database in a conspicuous place on the city Website, at the same time that it provides the electronic notification.
(7) The city shall maintain the records created under this section for ten (10) years following their issuance.
(P) Liens.
(1) A lienholder of record who has registered pursuant to division (O)(2) above may, within forty-five (45) days from the date of issuance of notification under division (O)(4) above:
(a) Correct the violation, if it has not already been abated; or
(b) Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement of the ordinance, including abatement costs.
(2) Nothing in this section shall prohibit the city from taking immediate action if necessary under division (Q) below.
(3) The lien provided by division (N) above shall not take precedence over previously recorded liens if:
(a) The city failed to comply with the requirements of division (O) above for notification of the final order; or
(b) A prior lienholder complied with division (P)(1) above.
(4) A lien that does not take precedence over previously recorded liens under division (P)(3) above shall, if the final order remains partially unsatisfied, take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
(5) The city may record a lien before the forty-five (45) day period established in division (P)(1) above expires. If the lien is fully satisfied prior to the expiration of the forty-five (45) day period, the city shall release the lien in the County Clerk's office where the lien is recorded within fifteen (15) days of satisfaction.
(6) Failure of the city to comply with divisions (O) and (P) of this section, or failure of a lien to take precedence over previously filed liens as provided in division (P)(3) above, shall not limit or restrict any other remedies the city has against the property of the violator.
(Q) Immediate action. Nothing in this section shall prohibit the city from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(Ord. 259-2017, passed 10-10-17)
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Cross reference:
Property Maintenance Code, see Chapter 73