(A) General. The Recovery Residence Compliance Officer (Compliance Officer) shall be appointed by the Mayor and is hereby authorized to exercise peace officer powers. The Compliance Officer is hereby authorized and directed to enforce the provisions of this chapter. In accordance with the prescribed procedures of the city and with the concurrence of the Mayor, the Compliance Officer shall have the authority to designate staff members of other city departments. Such employees shall have powers as delegated by the Compliance Officer with the concurrence of the Mayor. The Compliance Officer, member of the Code Enforcement Board or employee charged with the enforcement of this chapter, while acting for the city, in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the city until final termination of the proceedings. The Compliance Officer or his or her designee shall not be liable for cost in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter.
(B) Interpretations. The Compliance Officer shall have the authority to render interpretations of this chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this chapter and KRS 222.500 to 222.510 as may be amended. Any such interpretation of this chapter by the Compliance Officer shall be subject to review/appeal to the Code Enforcement Board.
(C) Right of entry. The Compliance Officer or his or her designee shall make all of the required inspections or shall accept reports of inspections by approved agencies or individuals to ensure compliance with this chapter and all other applicable city ordinances, to include property maintenance codes, building codes, or fire codes. The Compliance Officer or his or her designee shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter. If entry is refused, the Compliance Officer or his or her designee shall have recourse to the remedies provided by law to secure entry.
(D) Notices, citations and orders. The Compliance Officer or his or her designee shall issue all necessary notices, citations, or orders to ensure compliance with this chapter. All notices shall be sent by regular mail to the property owner and posted on the recovery residence. The records of the Hardin County Property Valuation Administrator or City Business License shall be proof of ownership.
(E) Records. The Compliance Officer or his or her designee shall keep official records of all business and activities specified in the provisions of this chapter. Such records shall be retained in the official records for the period required for retention of public records.
(F) Violations.
(1) Unlawful acts. It shall be unlawful for any person, firm, corporation or other legal entity who is the owner(s) of real property in the City as of the date of any notice, citation or order to be in conflict with or in violation of any provision of this Ordinance or KRS 222.500 to 222.510 as may be amended. It is the intention of the City to exercise all legal authority and standing to initiate appropriate compliance activity to compel a recovery residence that is operating in violation of this Ordinance or KRS 222.500 to 222.510 as may be amended, to cease operating as provided in KRS 222.504.
(2) Notice of violation. The Compliance Officer or his or her designee shall serve a notice of violation or order in accordance with this chapter.
(3) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance this chapter shall be deemed guilty of a misdemeanor or civil infraction or violation as determined by the city or the Code Enforcement Board consistent with state law, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Compliance Officer or his or her designee shall institute the appropriate proceeding at law or in equity, including, but not limited to, the issuance of a citation, to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the city on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(4) Violation penalties. Any person, who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(5) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(6) Notice to person responsible. Whenever the Compliance Officer or his or her designee determines that there has been a violation of this chapter or KRS 222.500 to 222.510 as may be amended or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in divisions (F)(7) and (F)(8) below to the owner(s) or person responsible for the violation as specified in this chapter or KRS 222.500 to 222.510 as may be amended. Records by the Hardin County Property Valuation Administrator may be relied upon to determine the identity and address of said owner.
(7) Form. Such notice prescribed in division (F)(6) above shall be in accordance with all of the following:
(a) Be in writing;
(b) Include a description of the real estate sufficient for identification (address);
(c) Include a statement of the violation or violations and why the notice is being issued;
(d) May include a correction order allowing a reasonable time to make the required compliance activity to bring the premises into compliance with the provisions of this chapter; and
(e) Include a statement of the city's right to issue a citation and/or to file a lien in accordance with of this chapter and applicable law.
(8) Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
(a) Delivered personally;
(b) Sent by electronic email;
(c) Sent by regular, first-class mail addressed to the owner of record at the last known address as noted in division (F)(6) above; or
(d) Posted in a conspicuous place in or about the structure or premises affected by such notice and then mailing a copy by regular, first-class mail to the owner of record at the last known address as noted in division (F)(6) above.
(9) Unauthorized tampering. Notices, signs, tags or seals posted or affixed by the Compliance Officer or his or her designee shall not be mutilated, destroyed or tampered with, or removed without authorization from the Compliance Officer or his or her designee.
(10) Transfer of ownership. It shall be unlawful for the owner of any recovery residence or structure or premises who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure or premises to another owner until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Enforcement Official or his or her designee or the Code Enforcement Board and shall furnish to the Enforcement Official or his or her designee a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(11) Appeal. Any person directly affected by a decision of the Compliance Officer or his or her designee or a notice or order or citation issued under this chapter shall have the right to appeal to the Code Enforcement Board, after the issuance of a citation. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means. All decisions of the Code Enforcement Board shall become final unless appealed to the Hardin District Court within 30 days of issuance.
(Ord. 01-2024, passed 1-16-2024)