(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Abatement costs means the 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 officer includes the Director of Codes, citation officer, safety officer, Fire Chief, Police Chief, Public Works Director, City Engineer, Director of Planning and Zoning, Planning and Zoning citation officer, or City Manager.
Final order means any order:
(1) Created because a violator neither paid the citation within seven (7) days nor contested the citation within fourteen (14) days as prescribed in this section;
(2) Created because a violator failed to appear at a hearing the violator requested with the Boyle District Court to contest the citation; or
(3) Entered by the Boyle District Court.
Imminent danger means a condition which is likely to cause serious or life-threatening injury or death at any time.
Ordinance means an official action of the Board of Commissioners, 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 Board of Commissioners which embodies all or part of an ordinance.
Owner means a person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
Premises means a lot, plot or parcel of land, including any structures upon it.
(b) Authority to issue remedial orders and citations and impose fines.
(1) In addition to, but not in lieu of, the other penalties outlined in the city of code of ordinances, a city code enforcement officer may issue remedial orders, citations and impose civil fines for any violation of the city's code of ordinances in accordance with this chapter as a method of enforcing city ordinances based on his or her personal observation or investigation.
(2) A code enforcement officer may allow the offender a specified period of time to remedy the violation without a fine by issuing a remedial order and issue a citation and the appropriate fine if the offender fails or refuses to remedy the violation within the time period specified. However, nothing in this section shall prohibit the code enforcement officer from taking immediate action to remedy a violation of this section 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.
(c) Contents and issuance of citation.
(1) 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 date and time the offense was committed;
d. The facts constituting the offense;
e. The section of the chapter violated;
f. The name of the code enforcement officer;
g. The fine to be imposed for the violation;
h. The procedure for the person to follow in order to pay the fine or contest the citation; and
i. A statement that if the person fails to pay the fine set forth in the citation or contest the citation in Boyle District Court, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Boyle District Court and that the determination that the violation was committed shall be final.
(2) The code enforcement officer shall issue a 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. 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.
(3) After issuing a citation to an alleged violator, the code enforcement officer shall properly input the citation in the city's lienholder notification system.
(d) Obligation of violator to pay or contest citation.
(1) 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 fine or notifying the city in writing of his or her intention to contest the citation before the Boyle District Court within fourteen (14) days. If the person fails to respond to the citation within seven (7) days by payment or notification of his or her intent to contest it the citation within fourteen (14) days, the person shall be deemed to have waived the right to a hearing in the Boyle District Court and the determination that a violation was committed shall be considered final.
(2) If a hearing has been requested, it shall be heard by the Boyle District Court. The hearing shall be initiated by the violator in Boyle District Court by the filing of a Complaint, with notice being provided to the city's Director of Codes. In said action the burden shall be upon the city to establish that a violation occurred. If the court finds that a violation occurred, the individual shall be ordered to pay within seven (7) days the city all fines, fees and penalties occurring as of the date of the judgment. If the Court finds that a violation did not occur, the city shall be ordered to dismiss the citation. Any order entered by the Boyle District Court shall be considered final.
(3) Any person requesting a hearing before the Boyle District Court who fails to appear at the time and place set for the hearing shall be deemed to have consented to the citation and fine imposed.
(e) Fine schedule.
(1) If a citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this section shall apply:
Violation of code chapter | 1st offense | 2nd offense | All others |
Violation of code chapter | 1st offense | 2nd offense | All others |
3 (Animals) | $50 | $100 | $200 |
4 (Buildings) | $100 | $200 | $400 |
5 (Cemeteries) | $100 | $200 | $400 |
6 (Fire) | $100 | $200 | $400 |
6.5 (Flood/storm water) | $100 | $200 | $400 |
7 (Garbage) | $100 | $200 | $400 |
8 (Nuisances) | $100 | $200 | $400 |
9 (Offenses) | $100 | $200 | $400 |
11 (Peddlers/solicitors) | $100 | $200 | $400 |
14 (Streets /sidewalks | $100 | $200 | $400 |
16 (Taxation) | $100 | $200 | $400 |
17.5 (Trees/shrubbery) | $100 | $200 | $400 |
18 (Utilities) | $100 | $200 | $400 |
19 (Zoning) | $100 | $200 | $400 |
(2) If the citation is contested and a hearing before the Boyle District Court is required, the following maximum penalties may be imposed at the discretion of the city:
Violation of code chapter | 1st offense | 2nd offense | All others |
Violation of code chapter | 1st offense | 2nd offense | All others |
3 (Animals) | $100 | $150 | $250 |
4 (Buildings) | $150 | $150 | $450 |
5 (Cemeteries) | $150 | $250 | $450 |
6 (Fire) | $150 | $250 | $450 |
6.5 (Flood/storm water) | $150 | $250 | $450 |
7 (Garbage) | $150 | $250 | $450 |
8 (Nuisances) | $150 | $250 | $450 |
9 (Offenses) | $150 | $250 | $450 |
11 (Peddlers/solicitors) | $150 | $250 | $450 |
14 (Streets/ sidewalks | $150 | $250 | $450 |
16 (Taxation) | $150 | $250 | $450 |
17.5 (Trees/shrubbery) | $150 | $250 | $450 |
18 (Utilities) | $150 | $250 | $450 |
19 (Zoning) | $150 | $250 | $450 |
(f) Lien, fines, charges and fees.
(1) The city shall possess a lien on the property owned by the person found by a nonappealable final order as defined in this chapter, 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 this section, including abatement costs. An affidavit of the code enforcement officer shall constitute prima facie evidence of the amount of the lien and compliance with this section.
(2) The lien shall be recorded in the office of the Boyle County Clerk and 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 order or final court judgment.
(3) Pursuant to KRS 65.8835, 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 (f)(1), 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 this section. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(g) Lienholder notification system.
(1) The city shall obtain and maintain priority over previously filed liens, as provided in KRS 65.8835, in accordance with the following provisions:
a. 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.
b. In order to receive the notification, the registrant shall submit the following information to the Director of Codes:
1. Name;
2. Mailing address;
3. Phone number; and
4. Electronic mailing address.
c. A registrant may use the electronic form providing on the city website to submit the information required by division (g)(1)b. It shall be the responsibility of the registrant to maintain and update the required contact information with the city.
d. At least once per month, but no more than once a week, 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 city's code enforcement database located on the city website. The database shall include the following information regarding each final order:
1. The name of the person charged with a violation;
2. The physical address of the premises where the violation occurred;
3. The last known mailing address for the owner of the premises where the violation occurred;
4. A copy of the full citation;
5. A copy of the full final order; and
6. The status of the final order regarding its ability to be appealed pursuant to this section.
e. If an appeal is filed on a final order pursuant to this section, the City shall send electronic mail notification to ail registrants.
f. Within ten (10) days of the issuance of a final order pursuant to this section, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by division (d)(1)d. of this section containing an updated link to the code enforcement database on the city's website.
g. The city shall maintain the records created under this section for ten (10) years following their issuance.
(h) Liens.
(1) A lienholder of record who has registered pursuant to division (g)(1)b. of this section may, within forty-five (45) days from the date of issuance of notification under division (g)(1)d.:
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 the enforcement of this section, including abatement costs.
(2) Nothing in this section shall prohibit the city from taking immediate action if necessary under division (i).
(3) The lien provided by division (f) of this section shall not take precedence over previously recorded liens if:
a. The city failed to comply with the requirements of division (g) for notification of the final order; or
b. A prior lienholder complied with division (a) of this section.
(4) A lien that does not take precedence over previously recorded liens under division (c) of this section shall, if the final order remains partially unsatisfied, continue to 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 (a) of this section 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 Boyle County Clerk's office within fifteen (15) days of satisfaction.
(6) Failure of the city to comply with divisions (g) and (h) of this section, or failure of a lien to take precedence over previously filed liens as provided in division (c) of this section, shall not limit or restrict any other remedies the city has against the property of the violator.
(i) Nothing in this section shall prohibit the city from taking action to remedy a violation of its ordinances where 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. No. 1892, §§ 1-9, 3-27-17; Ord. No. 1934, § 1, 7-22-19; Ord. No. 1979, § 1, 11-8-21)