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(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)
(A) An appeal from any final order may be made to the County District Court within 30 days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. The District Court shall review the final order de novo.
(B) A judgment of the District Court may be appealed to the Circuit Court in accordance with the rules of civil procedure.
(C) If no appeal from a final order of the Board is filed within the time period set forth in division (A) above, the order shall be final.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
Ordinance civil fine schedule. Violations of Ordinances that are enforced by the City Board shall constitute a civil offense and pursuant to Section 2(2)(b) of the Act shall be subject to the following schedule of civil fines:
(A) A specific civil fine that will be imposed for each offense if the person who has committed the offense does not contest the citation as follows:
Violation | 1st Offense | 2nd Offense | All Others |
Animal Control | $25 | $50 | $100 |
Zoning | $50 | $150 | $300 |
Nuisance | $50 | $150 | $300 |
Property Maintenance Code Violations | $50 | $150 | $300 |
Parking | $30 | $30 | $30 |
Occupational License | $50 | $150 | $300 |
Life Safety Code Violations | $50 | $150 | $300 |
Fire Prevention Code Violations | $50 | $150 | $300 |
Chronic Nuisance Property | $500 | $500 | $500 |
Special Events Policy | $500 | $500 | $500 |
Other | $50 | $150 | $300 |
(B) A maximum civil fine that may be imposed for each offense if the citation is contested under subsection (6) of Section 7 of the Act, as follows:
Violation | 1st Offense | 2nd Offense | All Others |
Animal Control | $100 | $100 | $100 |
Zoning | $500 | $1,000 | 2,000 |
Nuisance | $500 | $1,000 | 2,000 |
Property Maintenance Code Violations | $500 | 1,000 | 2,000 |
Parking | $100 | 200 | $500 |
Occupational License | $500 | $1,000 | $2,000 |
Life Safety Code Violations | 1,000 | $1,500 | $2,000 |
Fire Prevention Code Violations | 1,000 | 1,500 | 2,000 |
Chronic Nuisance Property | $5,000 | $5,000 | $5,000 |
Special Events Policy | $5,000 | $5,000 | $5,000 |
Other | $500 | $1,000 | $2,000 |
(2) In addition the Board may, applying the criteria set forth in Ordinance No. O-33-05, recommend to the City Council that judicial proceedings are necessary with respect to such violations.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
(A) The city shall possess a lien on property owned by any person found by a nonappealable final order as defined by subsection (8) of Section 1 of the Act, or by a final court to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity, of the proceedings pursuant to KRS 65.8801 to 65.8839.
(B) The lien shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate until paid.
(C) The lien shall take precedence over all other liens, except state, court, School Board and city taxes, and may be enforced by judicial proceedings, including an action to foreclose.
(D) Shall continue for ten years following the date of the nonappealable final order, or final judgment of the court.
(E) In addition to the remedy prescribed in division (A), the person found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement of this subchapter. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(F) Nothing in this section shall otherwise affect the rights or obligations between the owner of the property and those persons who claim a security interest in the property.
(1) The city shall implement a system for notification to lienholders that meets the minimum requirements of division (F)(2) of this section and shall comply with the procedures to permit remedial action by lienholders as provided in division (F)(3) of this section in order to obtain and maintain the lien priority over previously filed liens granted in Section 10 of the Act.
(2) The city shall create a notification system that provides lienholders and others that elect to do so with electronic notifications of all final orders entered pursuant to KRS 65,8801 to 65.8839. The system shall meet the following minimum requirements:
(a) An individual or entity may register with the city to receive information on each final order by providing a name, mailing address, phone number, and an electronic mailing address to the city. The city shall accept this information in any form submitted by a registrant. It shall be the responsibility of the registrant to maintain and update its contact information with the city, except that the city shall inform a registrant of any evidence the city receives that the electronic mailing address is invalid or not functional in order to provide the registrant an opportunity to submit an updated electronic mailing address:
(b) No less than once a month but no more frequently than once per week, the city shall send electronic mail notification of all final orders issued pursuant to the provisions of KRS 65.8801 to 65.8839 since the last date of notification to each party registered pursuant to division (F)(2)(a) of this section. The notification shall, at a minimum, include or provide an electronic link to a document or database meeting the requirements of this division that includes:
1. The name of the person charged with a violation;
2. The physical address of the premises where the violation occurred;
3. The last known mailing address for the owner of the premises where the violation occurred;
4. A specific description of the citation leading to the final order, including the citation detail set forth in paragraphs (a) to (h) of subsection (4) of Section 7 of The Act, which may be satisfied by including a copy of the full citation;
5. The findings of the final order, including the penalty or penalties imposed by the final order, which may be satisfied by providing a copy of the full final order; and
6. The status of the final order in regards to its ability to be appealed pursuant to Section 9 of The Act, except that the city shall provide an update to registrants if an appeal is filed on a final order pursuant to Section 9 of this Act.
(c) The city shall post the notification required under division (F)(2)(b) of this section or provide a summary of the information regarding each final order required by division (F)(2)(b) of this section in a conspicuous place on its public Web site, which shall be affiliated with the city and contain other information about the city within ten days of the issuance of the final order. If the city posts using summary form:
1. The summary shall be calculated to reasonably allow identification of the specific properties which may be impacted by the lien;
2. Upon request, the city shall provide the complete record of a final order created under division (F)(2)(b) of this section without charge; and
(d) The city shall maintain the records created under this section for a period of ten years following their issuance.
(3) (a) A lienholder of record may, within 45 days from the date of issuance of notification under division (F)(2) of this section, correct the violation if it has not already been abated, or elect to pay all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. This section shall not prohibit the city from taking immediate action if necessitated under Section 12 of The Act.
(b) The lien provided by Section 10 of The Act shall not take precedence over previously recorded liens if:
1. The city failed to comply with the requirements of division (F)(2) of this section for notification of the final order; or
2. A prior lienholder corrected the violation or paid all civil fines assessed for the violation and all charges and fees incurred by the city in connection with the enforcement of this subchapter, including abatement costs within 45 days as provided in division (F)(1) of this section.
(c) A lien that does not take precedence over previously recorded liens under the circumstances outlined, in division (F)(2)(b) of this section, shall if the final order remains partially unsatisfied, take precedence over all other subsequent liens except liens for state, county, school board and, city taxes.
(d) Nothing contained in this subsection shall prohibit the city from recording a lien before the 45- day period established in division (F)(2)(a) of this section expires. If the lien is fully satisfied prior to the expiration of the 45-day period established in division (F)(2)(a) of this section, the city shall release the lien in the County Clerk's office where the lien is recorded within 15 days of satisfaction.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
All of the terms, conditions and procedures of the Act relating to the organization and powers of the Board, enforcement, procedure, appeals and other matters are hereby adopted by the city and incorporated herein by reference as if fully rewritten.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)
(A) Criteria. In the event the Board should consider the need to recommend to Council that judicial proceedings are necessary in order to enforce any particular lien for payment of unpaid civil fines, the Board is hereby directed to carefully consider the following factors before recommending judicial proceedings.
(2) Whether a civil suit seeking a money damages only against the violator or a civil proceeding seeking a judicially ordered sale of the subject property, will be the appropriate course of action.
(3) Whether the conduct of the violator has demonstrated indifference to or disregard for the necessity of compliance with the applicable city ordinance by statement, conduct, or inaction with regard to the violation.
(4) Whether the violation(s) which is/are the subject of the liens constitute a present danger to the public health, safety or welfare of the residents in the vicinity, or materially interfere with the peaceful enjoyment of adjacent property.
(5) The period of time for which the violation has existed must be considered in relation to the severity of the threat to the public health, safety or welfare of the residents in the vicinity.
(6) Whether three convictions of the same violation have been found to exist since the enactment of these criteria.
(B) Procedures.
(1) Upon notification to the Board by the City Clerk that liens have been filed in accordance with § 33.82, the Board, no sooner than 30 days after the Clerk’s notification, may consider whether the above factors exist. If so, it may make a formal written recommendation to the City Council that judicial proceedings be initiated. All liens filed prior to the enactment of this section shall be so considered by the Board within 60 days of the effective date hereof.
(2) The Board’s recommendation must be accompanied by written findings of fact in support of the recommendation. These findings must clearly demonstrate which of the above criteria have been met. In all cases, criteria specified in divisions (A)(1) through (A)(3) must be met in order to support the recommendation. Further, either criteria specified in divisions (A)(4), (A)(5) or (A)(6) must be met, individually or in combination.
(3) The Board’s recommendation must state whether it is recommending either (a) a civil suit before the court of proper jurisdiction seeking money damages only, or (b) a civil suit seeking monetary damages and an order of sale of the subject real estate.
(4) Upon receipt of a recommendation from the Board that judicial proceedings be initiated, City Council may follow the recommendation, seek different relief from that recommended by the Board, or take no action in response to the recommendation.
(Ord. O-33-05, passed 12-20-05)