(A) The Code Enforcement Board shall annually elect a chairperson from among its members. The chairperson shall be the presiding officer and a full voting member of the Code Enforcement Board.
(B) Meetings of the Code Enforcement Board shall be held as needed. A Code Enforcement Board shall be authorized to conduct regular or special meetings in accordance with KRS 61.805 to 61.850. The local government legislative body shall provide clerical and administrative personnel as reasonably required by its Code Enforcement Board for the proper conduct of the duties of the Code Enforcement Board.
(C) All meetings and hearings of the Code Enforcement Board shall be held in accordance with the requirements of KRS 82.700 et seq., KRS 381.770 et seq., Roberts Rules of Order, Open Records Act, and the city code of ethics.
(D) For the purpose of conducting all business and hearings brought before it, two members of the Code Enforcement Board, shall, if present, constitute a quorum and an affirmative vote of the members constituting a quorum shall be necessary for any official action to be taken. 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 and shall disqualify himself or herself from voting on the matter and shall not be counted for the purposes of establishing a quorum.
(E) All hearings on appeal of citations to the Code Enforcement Board shall be recorded. Minutes, records and/or transcripts of all proceedings and action taken shall be kept by the Code Enforcement Board and the vote of each member on any issue decided by them shall be recorded therein.
(F) The Code Enforcement Board may assign a hearing officer as provided by ordinance to conduct hearings in accordance with the procedures set forth in KRS 65.8828. Any member of the Code Enforcement Board, including the chair, may be assigned as a hearing officer. An individual that is not a member of the Code Enforcement Board may be assigned by the Code Enforcement Board as a hearing officer as long as the individual does not hold any elected or appointed office or position of employment with a unit of local government that created the Code Enforcement Board. Any person assigned to be a hearing officer by a Code Enforcement Board shall have experience or shall have received training in the code enforcement process and basic procedural due process, as specified in the ordinance creating the Code Enforcement Board. The experience or training shall include, at a minimum, acquired knowledge regarding a party's fundamental due process right to: be accompanied and advised by counsel at the hearing; present evidence and witnesses on his or her behalf at the hearing; examine the evidence opposing the party; and confront and cross-examine the witnesses opposing the party. An assigned hearing officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence to the hearing to which the officer is assigned. Any hearing conducted by a hearing officer under this section shall conform to the procedural requirements of KRS 65.8828(1) to (5). The hearing officer shall make written findings of fact, conclusions of law, and a recommended order for consideration by the Code Enforcement Board. The hearing officer shall, within 24 hours of entry, forward these findings, conclusions, and recommended order to the alleged violator in the manner required by KRS 65.8828(5), and to the Code Enforcement Board for its action under KRS 65.8828. For appeals of a final order of a hearing officer issued under this division, a final order issued by a hearing officer under this division may be appealed by the alleged violator to the Code Enforcement Board in accordance with terms specified in the ordinance governing the operation of the Code Enforcement Board. If the local government provides appeals to the Code Enforcement Board, the appeal shall be filed in writing to the Code Enforcement Board within seven days of the receipt of the final order. The specific appellate process is outlined in § 99.10. The failure to file an appeal within seven days shall render the order entered by the hearing officer final for all purposes and an individual receiving a final order under this division shall be required to exhaust the administrative remedy of appeal to the Code Enforcement Board before appealing to District Court as authorized under KRS 65.8831. Thereafter, an appeal of the Code Enforcement Board's decision may be appealed into the Hopkins District Court as described in § 99.10.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016; Am. Ord. 2019-09, passed 10-15-2019; Ord. 2023-03, passed 5-16-2023; Ord. 2023-04, passed 5-16-2023)