The Daviess County Property Maintenance Board of Appeals shall be a public agency as defined in KRS 61.805 of the Kentucky Open Meetings Act and KRS 61.870. It shall have the following purpose, membership and structure:
(A) Purpose. The purpose of the Daviess County Property Maintenance Code Board of Appeals is to hear appeals by any qualified party aggrieved by any decision of the Solid Waste Coordinator/Code Enforcement Officer.
(B) Membership.
(1) The Board shall be appointed by the Daviess County Judge/Executive, with the approval of the Daviess County Fiscal Court, and shall consist of at least three but not more than five persons qualified by experience and training to decide matters pertaining to property maintenance and who are not employees of Daviess County Fiscal Court.
(2) No member of the Board shall hear an appeal in a case in which he or she has a personal, professional or financial interest.
(3) The Judge/Executive, with approval of the Fiscal Court, may appoint at least two alternate members who the Chair of the Board may call to hear appeals during the absence or disqualification of a member.
(4) The Board shall select one member annually to serve as Chairperson.
(5) The Judge/Executive shall designate a qualified person to serve as secretary to the Board. The secretary shall file a detailed record of all Board proceedings in the Judge/Executive's office.
(6) Members of the Board shall receive no compensation for serving.
(C) Structure of the Board.
(1) The Daviess County Property Maintenance Code Board of Appeals shall consist of three members, one from each Commissioner's district.
(2) The initial members shall be appointed within 30 days of the effective date of the adoption of this chapter.
(3) The members shall serve for a term of three years, except that with of the members initially appointed, one member shall be appointed for a term of one year; one member shall be appointed for a term of two years; and one member shall be appointed for a term of three years.
(4) Thereafter, all appointed members shall serve for a term of three years. After the initial staggered term of the first Board appointments, no member shall serve more than two consecutive terms.
(D) Powers, authority and duties of the Board. The Daviess County Property Maintenance Board of Appeals shall have all powers, authorities and duties in this chapter.
(E) Appeals.
(1) Any person aggrieved by a notice, order or decision of the Solid Waste Coordinator/Code Enforcement Officer may appeal that notice, order or decision to the Daviess County Property Maintenance Code Board of Appeals.
(2) The aggrieved party shall file the appeal, in writing, with the Daviess County Judge/Executive's office, 212 St. Ann Street, Room 202, Owensboro, Kentucky 42303.
(3) The petition of appeal shall be filed within 20 days after the Solid Waste Coordinator/Code Enforcement Officer served the aggrieved party with the notice, order or decision.
(4) The petition of appeal shall be based upon a claim that the Solid Waste Coordinator/Code Enforcement Officer incorrectly interpreted the ordinance, the ordinance provisions do not apply fully or the ordinance requirements are satisfied adequately by other means.
(5) After receiving a petition of appeal the Board Chair shall send a notice setting a meeting of the Board within 20 days of the date the aggrieved party filed the appeal.
(6) The Board shall conduct its hearings in the Daviess Fiscal Courtroom, 212 St. Ann Street, Owensboro, Kentucky 42303.
(7) Board hearings shall be open to the public.
(8) The Board shall permit the appellant, appellant's representative, the Code Official and any other person whose interests are affected to be heard.
(9) Board quorum shall consist of a minimum of two-thirds of the Board members.
(10) The Board shall adopt and make available to the public the hearing procedures.
(11) The hearing procedures shall not require strict compliance with the rules of evidence, but shall require that the Board hear only relevant evidence.
(12) The Board or the appellant may request the Board postpone a hearing if the full Board cannot hear the appeal.
(13) The Board may modify or reverse the Code Official's decision only if a majority of the total number of appointed members concurs.
(14) The Board shall record its decision and provide a copy to the appellant and the Code Official.
(15) The Code Official shall act immediately in accordance with the Board's decision.
(16) Any person aggrieved or adversely affected by the decision of the Daviess County Property Maintenance Code Board of Appeals may, within 30 days, initiate an action in Daviess Circuit Court to contest the decision of the Board.
(17) Upon request by the appellant and the payment of any cost, the Daviess County Property Maintenance Code Board of Appeals shall file a complete transcript of its proceedings, including any findings of fact, conclusions of law, and its decision, filed with the Clerk of the Circuit Court.
(18) The case shall be docketed in the Circuit Court and adjudicated according to state law.
(19) Appeals of notice and order (except imminent danger notices) shall stay the enforcement of the notice and order until the Board hears and decides the appeal.
(Ord. KOC 1-2016, passed 2-8-2016)