§ 155.02  AMENDMENTS TO THIS CODE.
   The following sections and subsections of this Code are hereby revised as stated below:
   Section 101.1.  Title.  Insert "City of Elsmere, Kentucky" for name of jurisdiction.
   Section 102.3.  Application of other codes.  This subsection is replaced as follows: "Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the Kentucky Building Code, Kentucky Residential Code, Kentucky Plumbing Code, Kentucky Mechanical Code, Kentucky Standards of Safety, National Fire Code, and the National Electric Code, as well as any other codes adopted by the Commonwealth of Kentucky now and in the future. Nothing in this Code shall be construed to cancel, modify, or set aside any provision of the Zoning Ordinance of the City of Elsmere, Kentucky. "
   Section 103.1.  General.  This subsection is replaced as follows: "The City of Elsmere Code Enforcement Department and the Elsmere Building Inspector shall have dual authority for the enforcement of the Property Maintenance Code. The Code Enforcement Department Director, if any, the City Administrative Officer/City Administrator, the Elsmere Building Inspector (or person or entity designated as the Building Inspector) and the Code Enforcement Officer(s) shall be collectively known as "code officials" or "Code Enforcement Officer" under this Code."
   Section 103.2.  Appointment.  This subsection is not adopted.
   Section 103.3.  Deputies.  This subsection is not adopted.
   Section 103.5.  Fees.  Any fees charged in association with this chapter shall be those fees stated elsewhere in the Code of Ordinances.
   Section 106.  Violations.  This heading is replaced with the following heading: "SECTION 106. VIOLATIONS OF CITY PROPERTY MAINTENANCE CODE."
   Section 106.2.  Notice of violation.  The heading of this subsection and the subsection itself are replaced as follows: "Section 106.2. Violations of the Property Maintenance Code; notice of violation; citations; appeals; penalties; and, liens."
   (A)   Enforcement proceedings shall only be initiated by a Code Enforcement Officer of the city, or other authorized City of Elsmere employee (collectively herein "Code Enforcement Officer").
   (B)   Nothing in this subchapter shall prohibit the city from taking immediate action to remedy a violation of its ordinances or codes 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)   Except as provided in division (B), when a Code Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of a city ordinance or a code provision, the Code Enforcement Officer may issue a warning in the form of a door-hanger notice or warning notice letter. If this is a repeat violation of the same or similar ordinance or code provision within one year of a previous warning or notice of violation, the Code Enforcement Officer shall immediately proceed to division (D) hereof. The notices required by this section shall be in plain language and shall:
      (1)   Be in writing;
      (2)   Be in duplicate;
      (3)   Contain the date, time and place (description of real estate sufficient for its identification) the violation was observed;
      (4)   State the ordinance number and reason(s) why the notice is being issued;
      (5)   If the notice is given in the form of a door-hanger notice, it shall include a correction order requiring correction of any violations within seven days from posting of the notice and shall provide a telephone number and address where the recipient can contact the code enforcement officer to request a reasonable extension of time for abatement of the violations, which shall not be unreasonably withheld.  Only national holidays and Sundays shall not be included in the calculation of seven days. A duplicate copy of a door hanger notice shall be provided to the City Clerk's office.
   (D)   If the property owner where a warning notice is issued fails or refuses to remedy the offense or violation within the time specified, or as extended, or this is a repeat of the same offense or violation within a one-year period, the code enforcement officer may issue a notice of violation. The notice shall be sent to the property owner by certified first-class mail at the last known address of the person or may be posted at the address of the property deemed to be in violation, and a copy of the notice of violation shall be delivered to the City Clerk. A notice of violation required by this section shall be in plain language and shall:
      (1)   Be in writing;
      (2)   Contain the date and time of issuance;
      (3)   Contain the name and address of the person to whom the notice is issued;
      (4)   Contain the date and time the violation was committed;
      (5)   Contain the dates of previous notifications regarding the current ordinance or code violation (e.g., door-hanger notice, notice of violation or citation);
      (6)   State the facts constituting the violations;
      (7)   State the ordinance number of the ordinance or code violated;
      (8)   Include a correction order requiring correction of all violations within seven days from the mailing of the certified mail Notice; and shall provide a telephone number and address where the recipient can contact the code enforcement officer to request a reasonable extension to time for abatement of the violations which shall not be unreasonably withheld. Only national holidays and Sundays shall not be included in the calculation of seven days.
      (9)   State the name of the Code Enforcement Officer;
      (10)   State the fees and maximum civil fine that may be imposed for the violation if the property owner does not correct the violation within seven days or contest the notice;
      (11)   State the procedure for the property owner to follow to provide notification that the violation has been abated.
   (E)   If the property owner to whom a notice of violation is issued fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer shall issue a citation to the offending property owner by certified first-class mail at the last known address of the property owner or may be posted at the address of the property deemed to be in violation. The Code Enforcement Officer is not required to issue warnings related to violations of the Property Maintenance Code and may immediately issue a citation to a property owner whose property is deemed to be in violation. The citation required by this section shall be in plain language and shall:
      (1)   Be in writing;
      (2)   Contain the date and time of issuance;
      (3)   Contain the name and address of the person to whom the citation is issued;
      (4)   Contain the date and time the violation was committed or discovered;
      (5)   Contain the dates and times of any previous notification about this violation;
      (6)   State the facts constituting the violations;
      (7)   State the ordinance number and text of the ordinance or code violated;
      (8)   State the name of the Code Enforcement Officer;
      (9)   State the procedure for the property owner to follow to provide notification the violation(s) has been abated.
      (10)   State the fees and maximum civil fine that will be imposed if the property owner fails to contest the citation.
      (11)   State the procedure the property owner shall follow to pay the civil fine, or shall follow to contest the citation before the Code Enforcement Board. If a property owner fails to respond to the citation within seven business days, the person shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be considered final. In this event, the Code Enforcement Board shall enter a final order determining that the violation was committed and imposing the civil fine set forth in the citation. A copy of the final order shall be served on the property owner found in violation of the city code or ordinance.
      (12)   Contain a statement that if the property owner fails to pay the civil fine set forth in the citation or contest the citation within the time allowed, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation, and the determination that a violation was committed shall be final.
   (F)   After issuing a citation to an alleged violator, the Code Enforcement Officer shall deliver a duplicate copy thereof to the City Clerk's Office.
   (G)   When a citation is issued, the property owner to whom the citation is issued shall respond to the citation within seven days of the date the citation was issued. Only national holidays and Sundays shall not be included in the calculation of seven days. If the property owner elects to pay the fine, the property owner shall provide a copy of the citation and payment in full by cash or check to the City Clerk, 318 Garvey Avenue, Elsmere, KY 41018 within the required seven days. If the property owner contests the citation, the property owner shall provide written request for a hearing and payment of any hearing fees (as specified in Chapter 94 of the Code of Ordinances) to the Elsmere City Clerk, 318 Garvey Avenue, Elsmere, KY 41018 along with a copy of the citation within the required seven days. The written request shall include the property owner's name, mailing address of the primary residence of the property owner, and telephone number.
   (H)   If the alleged violator does not contest the citation within the time prescribed, the Code Enforcement Board shall enter a final order determining that the violation was committed and shall impose the appropriate civil fine set forth to such violation. A lien may be placed on the property for the amount of the maximum fine. A copy of the final order shall be mailed via first class mail to the person found in violation of a city code or ordinance.
(Ord. 1640-2012, passed 9-25-12; Am. Ord. 1694-2015, passed 3-10-15)