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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)
(A) The Board shall annually elect a Chairman from among its members. The Chairman shall be the presiding officer and a full voting member of the Board.
(B) Regular meetings of the Board shall be held as directed by the Chairman and shall be held in accordance with the requirements of KRS 65.8815(5) and the Kentucky Open Meetings Act.
(C) Meetings other than those regularly scheduled shall be special meetings and shall be held in accordance with the requirements of the Kentucky Open Meetings Act.
(D) The affirmative vote of a majority of a quorum of the Board shall be necessary for any official action to be taken.
(E) Minutes shall be kept for all proceedings of the Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
Any member of the Board who has any direct or indirect financial or personal interest in any interest to be decided shall disclose the nature of the interest and shall be disqualified from voting on the matter, and shall not be counted for purposes of establishing a quorum.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
The Board shall have the following powers and duties:
(A) To adopt rules and regulations to govern its operations and the conduct of its hearings.
(B) To conduct hearings to determine if there has been a violation of an Ordinance over which it has jurisdiction.
(C) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Board or an assigned hearing officer, may be served by any Code Enforcement Officer.
(D) To take testimony under oath. The Chairman shall have the authority to administer oaths for the purpose of taking testimony.
(E) To make findings of fact and issue orders necessary to remedy any violation of a City Ordinance or Code provision which the Board is authorized to enforce.
(F) To issue remedial orders and impose civil fines, as authorized, against any person who is found to have violated an Ordinance over which the Board has jurisdiction.
(G) To make any recommendations to City Council deemed necessary by the Board.
(H) Hearing officer.
(1) The Board may assign a hearing officer to conduct hearings in accordance with the procedures set forth in Section 8 of The Act.
(2) (a) Any member of the Code Enforcement Board, including the Chair, may be assigned as a hearing officer.
(b) 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 the city.
(3) 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:
(a) Be accompanied and advised by counsel at the hearing;
(b) Present evidence and witnesses on his or her behalf at the hearings;
(c) Examine the evidence opposing the party; and
(d) Confront and cross-examine the witnesses opposing the party.
(4) 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.
(5) Any hearing conducted by a hearing officer under this section shall conform to the procedural requirements of subsections (1) to (5) of Section 8 of The Act.
(6) (a) The hearing officer shall make written findings of fact and conclusions of law, and enter final orders, consistent with the authority granted to the Code Enforcement Board under subsection (4) of Section 8 of The Act.
(b) The findings of fact, conclusions of law, and final order shall be forwarded within 24 hours of entry to the alleged violator in the manner required by subsection (5) of Section 8 of The Act and to the Code Enforcement Board.
(7) A final order issued by a hearing officer under this section may be appealed by the alleged violator 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 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 section shall be required to exhaust the administrative remedy of appeal to the Code Enforcement Board before appealing to District Court as authorized under Section 9 of the Act.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
The following requirements shall govern all enforcement proceedings before the Board:
(A) Enforcement proceedings before the Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(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 an ordinance, the Officer is authorized to issue a citation to the offender. A Code Enforcement Officer may, in lieu of issuing a citation, give a notice of violation, which shall serve to notify the violator to remedy the violation within the time specified. If the offender fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(C) Issuance of a citation shall be by:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person 18 years of age or older who is on the premises, if the alleged violator is not on the premises at the time the citation was issued; or
(3) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail of the United States Postal Service to the owner of record of the property if no one is on the premises at the time the citation is issued.
(D) Nothing in this subchapter shall prevent a Code Enforcement Officer, as defined in § 33.70 herein, from taking immediate action to remedy a violation of its ordinances or codes when there is reason to believe that the violation constitutes a public nuisance or a threat to the public health, safety or welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible. A citation may also be issued for the violation.
(E) The citation issued by the code enforcement officer shall contain the following information:
(1) The date and time of the issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the offense was committed or discovered;
(4) Brief facts constituting the offense;
(5) The section of the code or the ordinance number violated;
(6) The name of the Code Enforcement Officer;
(7) The civil fine that may be imposed for the violation if the person does not contest the citation;
(8) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person 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 Board or hearing officer and the alleged violator shall be deemed to have waived the right to appeal the final order of the District Court to contest the citation and that the determination that the violation was committed shall be final.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Board by delivering a copy of the citation to the City Clerk. The Code Enforcement Officer, hearing officer, or Code Enforcement Board may also elect to provide notice of the issuance of the citation to any lienholder with an interest in the subject premises.
(G) The person to whom the citation is issued shall respond to the citation within seven days of the date of issuance by either paying the civil fine and remedying the violation or requesting, in writing, a hearing to contest a citation. The request for a hearing shall be delivered to the City Clerk. The request shall include the name and address of the person requesting the hearing. If the person fails to respond to the citation within seven calendar days the person shall be deemed to have waived the right to a hearing and any determination that a violation was committed shall be considered final. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in tire manner set forth in subsection (5) of Section 8 of The Act.
(H) Citations shall be substantially in the form of Exhibit A hereto.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
(A) When a hearing has been requested, the Board shall schedule a hearing.
(B) Not less than seven calendar days before the date of the hearing, the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by regular first class mail, certified mail, return receipt requested; by personal delivery; or, by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. The Board may also elect to provide notice of hearing to any lienholders with an interest in the subject premises.
(C) Any person requesting a hearing before the Board who fails to appear at the time and place set for the hearing 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 final. In this event, the citation, as issued, shall be deemed a final order determining the violation was committed and impose the civil fine set forth in the citation and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in the manner set forth in subsection (5) of Section 8 of The Act.
(D) Each case that is the subject of a hearing may be presented by an attorney selected by the city or by a member of the administrative staff of the city. An attorney may either be counsel to the Code Enforcement Board or may represent the city by presenting cases at the hearing, but in no case shall an attorney serve in both capacities.
(E) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings.
(F) If the Board conducts the hearing, or upon the receipt of recommendations of a hearing officer pursuant to subsection (6) of Section 5 of the Act, then the Board shall determine, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order dismissing the citation shall be entered. When the Board determines that a violation has been committed, the Board may issue an order upholding the citation and may order the offender to do either or both of the following:
(1) Pay a civil fine in an amount up to the maximum authorized by the ordinance; or
(2) Remedy a continuing violation within a specified time to avoid the imposition of a fine as authorized by ordinance.
(G) Every final order following a hearing of the Board shall be reduced to writing which shall include the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered to that person by regular first- class mail, certified mail, return receipt requested, by personal delivery, or by leaving a copy of the order at that person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the order.
(H) If the Board is reviewing a final order entered by a hearing officer as authorized by subsection (7) of Section 5 of The Act, the Board shall review the record created before the hearing officer and determine whether there is substantial evidence on the record to support a finding by the hearing officer that a violation was committed. If the Board determines that there is not substantial evidence on the record, it shall issue an order dismissing the citation. If the Board determines that there is substantial evidence on the record, it shall issue a final order upholding the order entered by the hearing officer. The provisions of divisions (A) and (F) of this section shall apply to any appeal hearing conducted pursuant to this section.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16; Am. Ord. O-10-16, passed 6-21-16)
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