(A) Code Enforcement Officer. The Code Enforcement Officer shall be appointed by the Mayor of the City of Crittenden annually, and he shall exercise the powers prescribed by this article. He may appoint or designate such other municipal officers or employees and assistants as may be required to perform such of his functions and to exercise such powers under this article as he deems necessary for the enforcement of this article, including the making of inspections and the holding of hearings.
(B) Inspection of premises. All premises within the city covered by this article shall be subject to inspection from time to time by the Code Enforcement Officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Code Enforcement Officer is hereby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the Code Enforcement Officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
(C) Determination of unfitness for use or occupancy. For the purposes of this article, the Code Enforcement Officer may determine that a building is unfit for human habitation, use or occupancy, if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the city. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitation facilities; dilapidation; deterioration; disrepair; structural defects; uncleanliness; or failure to comply with the standards established by this article.
(D) Charges and hearing. Whenever a petition is filed with the Code Enforcement Officer by a public authority or by at least five (5) residents of the city charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Code Enforcement Officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the Code Enforcement Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Code Enforcement Officer (or his designated agent) at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said complaint; and that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts of the Commonwealth of Kentucky shall not be controlling in hearings before the Code Enforcement Officer.
(E) Findings of fact and order. If, after the notice and hearing provided for in division (D) above, the Code Enforcement Officer determines that the building under consideration is unfit for human habitation or occupancy or use, or otherwise in violation of the provisions of the ordinances of the city or any of them, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
(1) The repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order or at the option of the owner to repair, vacate or to have said building vacated and closed within the time set forth in the order and as directed therein.
(2) If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in said order of removal.
(3) Failure of owner to comply with order to repair or vacate. If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the Code Enforcement Officer may cause such building to be repaired, altered or improved, or to be vacated and closed and may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
(4) Failure of owner to comply with order to remove or demolish. If the owner fails to comply with an order to remove or demolish the building, the Code Enforcement Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
(Ord. 262-2018, passed 5-22-18)