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In addition to, but not in limitation of, the general powers stated above, the Commission shall be empowered to:
(A) Appoint or contract for the services of officers, agents and employees, including engineers, attorneys, accounts, physical agents, or other professional persons, prescribe their duties and fix their compensation;
(B) To issue revenue bonds for the purpose of acquiring sources of water supply or making improvements and extensions to sources of water supply, which bonds are payable solely from the revenues derived from water supply contracts;
(C) To acquire property through condemnation under the terms and provisions of KRS Chapter 58 and the Eminent Domain Act of Kentucky; and
(D) To contract to supply water to entities represented by the Commission or other entities pursuant to KRS 74.490 and to establish charges and rates for water supplied.
(Ord. O-21-98, passed 10-27-98)
It is the intent of the city in proposing the creation of the Commission to secure a supply of water for the customers of its system at the lowest possible cost and to accomplish this end it is necessary to ensure that creation of the Commission does not result in the employment and equipping of an administrative, maintenance and professional staff which duplicates the existing staffing of the city Water and Sewer Commission and the Boone County Water and Sewer District. Accordingly, in discharging its functions and responsibilities the Commission shall, to the full extent possible, not employ administrative, maintenance or professional staffs to perform services which may be performed by employees and equipment of the city Water and Sewer Commission and/or the Boone County Water and Sewer District. The Commission shall, whenever possible, contract with the city Water and Sewer Commission or the Boone County Water and Sewer District to supply necessary administrative, professional and maintenance services.
(Ord. O-21-98, passed 10-27-98)
CODE ENFORCEMENT BOARD
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“ABATEMENT COSTS.” A city's necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation and to maintain and preserve the public health, safety, and welfare in accordance with any city ordinance.
“ACT.” House Bill 422 of the 2016 Regular Session of the General Assembly.
“CITY.” The City of Florence, Kentucky.
“CODE ENFORCEMENT BOARD.” An administra-tive body created and acting under the authority of KRS 65.8801 to 65.8839.
“CODE ENFORCEMENT OFFICER.” A city police officer, Fire/EMS Chief, Fire/EMS Assistant Chief, Public Services Director, Public Services Code Enforcement Officer, Public Services Project Manager, Occupational License Superintendent, Finance Director, Finance Supervisor, Fire Marshal, City Zoning Administrator or other public law enforcement officer with the authority to issue a citation, and designees of the aforementioned officials.
“FINAL ORDER.” Any order:
(1) Issued by the Code Enforcement Board in accordance with subsection (4) or (6) of Section 8 of The Act;
(2) Issued by an assigned hearing officer in accordance with subsection (7) of Section 5 of The Act and that is not appealed to the code enforcement board as provided in subsection (6) of Section 8 of The Act.
(3) Created because a violator neither paid nor contested the citation within seven days as provided in subsection (6) of Section 7 of The Act;
(4) Created because of a failure of a violator to appear at a hearing the violator requested to contest the citation as provided in subsection (1) of Section 8 of The Act.
“IMMINENT DANGER.” A condition which is likely to cause serious or life-threatening injury or death at any time.
“ORDINANCE.” An official action of the City Council which is a regulation of a general and permanent nature and enforceable as a local law and shall include any provision of the Code of Ordinances adopted by the City Council which embodies all or part of an Ordinance.
"OWNER." A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
“PREMISES.” A lot, plot or parcel of land, including any structures upon it.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
There is hereby created pursuant to KRS 65.8801 to 65.8839 within the city, a Code Enforcement Board (the "Board") which shall be composed of five members, all of whom shall be residents of the city for a period of at least one year prior to the date of the members appointment and shall reside there throughout the term in office.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
(A) The Board shall have jurisdiction to enforce and shall enforce those city ordinances any code provisions which specifically provide for civil enforcement including, but not limited to any zoning or nuisance ordinance.
(B) The Board shall not have the authority to enforce any ordinance the violation of which constitutes a criminal offense under the provisions of the Kentucky Revised Statutes, including specifically, any provision of the Kentucky Penal Code and any moving motor vehicle offense.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
(A) Members of the Board shall be appointed by the Mayor of the city, subject to the approval of City Council.
(B) The initial appointment to the Board shall be as follows:
(1) One member appointed to a term of one year.
(2) Two members appointed to a term of two years each.
(3) Two members appointed to a term of three years each.
(4) All subsequent appointments shall be for a term of three years. A member may be reappointed, subject to the approval of the legislative body.
(C) Any vacancy on the Board shall be filled by the Mayor, subject to approval of Council within 60 days of the vacancy. If the vacancy is not filled within that time period, the remaining members shall fill the vacancy.
(D) A Board member may be removed from office by the Mayor for misconduct, inefficiency or wilful neglect of duty. The Mayor shall submit a written statement to the member and the City Council setting forth the reasons for removal.
(E) All members of the Board must, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
(F) Members of the Board shall be reimbursed for actual expenses and compensated in the amount of $50 per meeting.
(G) No member of the Board may hold any elected or non-elected office, paid or unpaid, or any position of employment with the city.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
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