(A) The Kenton County Joint Code Enforcement Board shall act as the Hearing Board for the enforcement of this chapter. Authorized personnel of Planning and Development Services of Kenton County, city police and fire officials, the City Administrative Officer and the Public Works Director shall act as the enforcement authority for the provisions of this chapter.
All provisions and processes contained in the interlocal agreement for the Kenton County Joint Code Enforcement Board, as may be amended from time to time, and all requirements of KRS 65.8801 to 65.8840, are incorporated herein, and shall be applicable to all proceedings pursuant to this chapter, including provisions relating to enforcement proceedings, hearings, appeals, fines and liens.
Pursuant to KRS 65.8801 to 65.8839(1), the powers and duties of the Kenton County Code Enforcement Board, or any person that may be designated by the city to enforce the provisions of this chapter, shall include, but not be limited to, the following:
(A) To conduct surveys and make inspections in any area of the city to determine compliance with this chapter or other ordinances they are empowered to enforce;
(B) To investigate all complaints made about buildings, structures, vacant lots or other premises within the city, whether they be verbal, written, or in the form of a petition, alleging or charging that a violation of this chapter exists or that a dwelling, structure or building is unfit or unsafe for human habitation or other occupancy;
(C) In support of police or fire authority to inspect, survey or investigate any building, structure, dwelling or premises between the hours of 8:00 a.m. and 5;00 p.m., or at any time if an emergency exists or if requested by the owner or occupant. A Code Enforcement Officer may enter a building, structure, dwelling or premises to inspect, survey or investigate with the consent of the owner or occupant, in emergency situations, or when an inspection, survey or investigation is required before a permit is issued or funding is provided by the county, or is part of a licensing scheme adopted by the county. If an owner or occupant refuses to consent to entry or inspection of a building, structure, dwelling or premises, a Code Enforcement Officer may obtain a search warrant for this purpose from a court of appropriate jurisdiction. In addition, a Code Enforcement Officer may obtain a search warrant to inspect several buildings or structures in a particular area as part of an area inspection policy promulgated by the city. Probable cause to issue a search warrant may be based upon the passage of time, the nature of the building (e.g., a multi-family apartment house), the condition of the entire area, or other reasonable legislative or administrative standards adopted by the county. Probable cause does not need to depend upon specific knowledge of a condition existing in a particular dwelling. A Code Enforcement Officer conducting an inspection pursuant to this chapter shall provide identification and statement of purpose before entering any building, structure, dwelling or premises, and the person in possession or in charge of the building, structure, dwelling or premises shall give the Joint Code Enforcement Board, and its assistants, staff or employees, free access to such property for the purposes set forth herein;
(D) To administer oaths and affirmations, to examine witnesses, and to receive evidence;
(E) To appoint and fix the duties of such officers, agents and employees as they deem necessary to carry out the purposes of this chapter;
(F) To delegate any of its functions and powers under this chapter and other ordinances to such officers, agents and employees as they designate;
(G) To seek through the appropriate judicial officer or office, such warrants that are necessary to enforce the provisions of this chapter, and in pursuit of said warrants, to make such oath or affirmation necessary in support thereof;
(H) To keep records of all complaints received, inspection reports, orders and of other actions taken. The records shall be made available for public inspection upon request within a reasonable amount of time. The Joint Code Enforcement Board shall prepare an annual report, including statistics based on the records kept.
(Ord. 07-11, passed 11-2-11; Am. Ord. 06-14, passed 6-4-14; Am. Ord. 13-2016, passed --; Am. Ord. 07-2022, passed 10-5-22) Penalty, see § 92.99