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(A) Members of the Code Enforcement Board shall be appointed by the Mayor but only with the approval of the City Council.
(B) The initial appointments to the Code Enforcement Board shall be as follows:
(1) One member shall be appointed for a term of one year, beginning at midnight on the evening of July 1, 2021 and ending at midnight on the evening of June 30, 2022 and the appointment and qualification of a successor.
(2) Two members shall be appointed for a term of two years, beginning at midnight on the evening of July 1, 2021 and ending at midnight on the evening of June 30, 2023 and the appointment and qualification of their successors.
(3) Two members of the Board shall be appointed for a term of three years, beginning at midnight on the evening of July 1, 2021 and ending at midnight on the evening of June 30, 2024 and the appointment and qualification of their successors.
(C) All subsequent appointments of members of the Board shall be for a term of three years.
(D) Members of the Board may be reappointed, subject to the approval of the City Council.
(Ord. 2021-3, passed 6-21-2021)
(A) Bi-annual meetings of the members of the Code Enforcement Board shall be conducted on the 3rd Monday in July and January at 6:00 p.m. in each calendar year at the City Hall.
(B) At the annual meeting, the Code Enforcement Board shall elect a Chairperson from among its members. The Chairperson shall be the presiding officer and a full voting member of the Board. In the absence of the Chairperson, the remaining members of the Board shall select a member to preside in place of and exercise the powers of the Chairperson.
(C) The annual meeting and all other meetings of the members of the Code Enforcement Board for administrative hearings or otherwise shall be public meetings and shall be conducted in accordance with the requirements of KRS 65.8815(5) and KRS 61.800 through 61.850.
(Ord. 2021-3, passed 6-21-2021)
(A) The City Clerk is hereby designated as the administrative official to whom the code enforcement officer is required by KRS 65.8825 to deliver copies of civil citations that have been issued.
(B) Additionally, the City Clerk shall provide the clerical and administrative personnel necessary for the proper conduct of the duties of the Code Enforcement Board, which shall include, without limitation:
(1) The preparation and maintenance of the minutes of the proceedings of each meeting of the Code Enforcement Board, which shall be kept and shall include the vote of each member on any issue decided by the Board.
(2) Notification of each member of the Board of each request for a hearing in regard to a civil citation issued by a code enforcement officer.
(Ord. 2021-3, passed 6-21-2021)
(A) The Code Enforcement Board shall have all of the authority, powers and duties provided in the Local Government Enforcement Act KRS 65.8801 through 65.8839.
(B) Additionally, and pursuant to the authority of KRS 65.8840(2), the provisions of KRS 65.8840 shall be enforced through the Code Enforcement Board; and each violation thereof shall constitute a civil offense.
(C) Unless otherwise provided in the ordinance or statute identified as being violated in a civil citation, the civil penalties that may be imposed by the Code Enforcement Board are hereby established as follows:
(1) In the event that a civil citation is not contested, the specific civil fine that shall be imposed for each separate violation is hereby established at $100 for a first violation, $250 for a second occurrence of the same violation and $500 for the third and each subsequent occurrence of the same violation, plus costs of collection, including, without limitation, court costs and attorney fees.
(2) The maximum civil fine that may be imposed for each separate violation is hereby established at $500 for a first violation, $750 for a second occurrence of the same violation and $1,000 for the third and each subsequent occurrence of the same violation, plus costs of collection, including, without limitation, court costs and attorney fees.
(Ord. 2021-3, passed 6-21-2021)
(A) The procedure of the Code Enforcement Board for the enforcement of ordinances and KRS 65.8840 shall always be in conformity with the procedures therefor provided in Local Government Enforcement Act KRS 65.8801 through 65.8839.
(B) Additionally, and in addition to the information required in a civil citation by KRS 65.8825(4), the civil citation required by KRS 65.8825 to initiate enforcement proceedings before the Code Enforcement Board shall also include information about the remediation of continuing violations by the city at the cost and expense of the person named in the civil citation.
(Ord. 2021-3, passed 6-21-2021)
In the event of a continuation of a violation of an ordinance described in a civil citation issued by a code enforcement officer after a final order in regard thereto, as defined in KRS 65.8805, the city may enter upon the premises thereof and remediate the violation through its own forces and employees or by contracts with others; and, thereupon, the person named in the civil citation shall be liable to the city for the cost and expense of that remediation plus the costs of collection, including court costs and attorney fees, plus all civil fines imposed by the Code Enforcement Board.
(Ord. 2021-3, passed 6-21-2021)
For the purpose of the lien provided by KRS 65.8835(1) taking precedence over previously recorded liens as provided in KRS 65.8835(1)(c), the executive authority of the city shall develop and implement a notification system in conformity with the provisions of KRS 65.8836.
(Ord. 2021-3, passed 6-21-2021)