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The Code Enforcement Board shall have the following powers and duties:
(A) To adopt rules and regulations to govern its operations and the conduct of its hearings consistent with this subchapter.
(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 Code Enforcement Board may be served by any Code Enforcement Officer.
(D) To take testimony under oath the chairperson 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 impose civil fines, as authorized, on any person found to have violated an ordinance over which the Board has jurisdiction.
(Ord. 2522, passed 5-23-2005; Am. Ord. 2021-2977, passed 2-8-2021)
The following requirements shall govern all enforcement proceedings before the Code Enforcement Board:
(A) Enforcement proceedings shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Except when immediate action is necessary pursuant to § 36.175, if a Code Enforcement Officer believes, based on personal observation or investigation, that a person has violated a city ordinance, the Code Enforcement Officer shall issue a notice of violation allowing the alleged violator a specified period of time to remedy the violation without incurring a fine. If the alleged violator fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(C) The Code Enforcement Officer shall issue a citation by one of the following methods:
(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 is 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 to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(D) The citation issued by the Code Enforcement Officer shall contain the following information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The physical address of the premises where the violation occurred;
(4) The date and time the offense was committed;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance violated;
(7) The name of the Code Enforcement Officer;
(8) The civil fine that may be imposed for the violation, including, if applicable:
(a) The civil fine that will be imposed if the person does not contest the citation; and
(b) 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 Code Enforcement Board to contest the citation; the determination that the violation was committed shall be final; the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation; and the person shall be deemed to have waived the right to appeal the final order to District Court.
(E) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the chairperson of the Code Enforcement Board or such person as selected by vote of the Code Enforcement Board.
(F) (1) 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 or requesting, in writing, a hearing to contest the citation. If the person fails to respond to the citation within seven days, the person shall be deemed to have waived the right to a hearing and the 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 as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to District Court.
(2) Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; 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.
(Ord. 2522, passed 5-23-2005; Am. Ord. 2021-2977, passed 2-8-2021)
(A) When a hearing has been requested, the Code Enforcement Board or its administrative staff shall schedule a hearing.
(B) Not less than seven days before the date of the hearing, the Code Enforcement 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; 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.
(C) (1) Any person requesting a hearing 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 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.
(2) Notice of a final order shall be provided to the alleged violator by regular first-class mail; certified mail, return receipt requested; 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.
(D) All testimony at the hearing 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.
(E) The Code Enforcement Officer shall, based on the evidence, determine whether a violation was committed. If it is determined that no violation was committed, an order dismissing the citation shall be entered. If it is determined that a violation was committed, an order may be issued upholding the citation. The Board may impose a fine up to the maximum authorized by ordinance or require the offender to remedy a continuing violation to avoid a fine, or both.
(F) (1) Every final order following a hearing shall be reduced to writing, which shall include the findings and conclusions reached and the date the order was issued. A copy shall be furnished to the person named in the citation.
(2) If the person named in the citation is not present when the final order is issued, the order shall be delivered to the person by regular first-class mail; certified mail, return receipt requested; 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.
(Ord. 2522, passed 5-23-2005; Am. Ord. 2021-2977, passed 2-8-2021)
Each case before the Code Enforcement Board shall be presented by an attorney selected by the city, a Code Enforcement Officer for the city, or by a member of the city’s administrative staff. The City Attorney may either be counsel to the Code Enforcement Board or may present cases before the Code Enforcement Board but shall in no case serve in both capacities.
(Ord. 2522, passed 5-23-2005; Am. Ord. 2021-2977, passed 2-8-2021)
(A) An appeal from a final order of a Code Enforcement Board following a hearing conducted pursuant to § 36.168(E) shall be made to the Barren 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.
(B) If no appeal from a final order of the Code Enforcement Board is filed within the time period set in division (A) of this section, the Code Enforcement Board’s order shall be deemed final for all purposes.
(Ord. 2522, passed 5-23-2005; Am. Ord. 2021-2977, passed 2-8-2021)
Violations of ordinances that are enforced by the City Code Enforcement Board shall be subject to the following schedule of civil fines:
(A) If a citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this division (A) shall apply:
Violation | 1st Offense | 2nd Offense | 3rd Offense |
Animals | $50.00 | $100.00 | $200.00 |
Unsafe & Unfit Structure Code | $50.00 | $100.00 | $200.00 |
Garbage | $50.00 | $100.00 | $200.00 |
Occupational License | $50.00 | $100.00 | $200.00 |
Weeds | $50.00 | $100.00 | $200.00 |
(B) If the citation is contested and a hearing before the Code Enforcement Board is required, the following maximum penalties may be imposed at the discretion of the Code Enforcement Board:
Violation | 1st Offense | 2nd Offense | 3rd Offense |
Animals | $100.00 | $200.00 | $400.00 |
Unsafe & Unfit Structure Code | $100.00 | $200.00 | $400.00 |
Garbage | $100.00 | $200.00 | $400.00 |
Occupational License | $100.00 | $200.00 | $400.00 |
Weeds | $100.00 | $200.00 | $400.00 |
(C) The maximum civil fine that may be imposed if the person elects to contest the citation is double the civil fine. If the Code Enforcement Board enforces a per day fine, the maximum civil fine is $6,000.00 ($100.00 per day for a maximum of 60 days).
(Ord. 2522, passed 5-23-2005; Am. Ord. 2021-2977, passed 2-8-2021)
(A) If a citation is unpaid, the city shall possess a lien on property owned by the person found by a non-appealable final order as defined by § 36.160, or by a final judgment of the 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 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 until paid. The lien shall continue for ten years following the date of the non-appealable final order or final court judgment.
(C) Subject to § 36.174, the lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.
(D) In addition to the remedy prescribed in division (A) of this section, the person found to have committed the violation shall be personally responsible for the amount of 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 the ordinance. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 2522, passed 5-23-2005; Am. Ord. 2021-2977, passed 2-8-2021)
The city shall obtain and maintain priority over previously filed liens, as provided in § 36.172, in accordance with the following provisions:
(A) Individuals and entities, including but not limited to lienholder, registrants, may register with the city to receive electronic notification of final orders entered pursuant to this subchapter.
(B) In order to receive the notification, the registrant shall submit the following information to the Code Enforcement staff:
(1) Name;
(2) Mailing address;
(3) Phone number; and
(4) Electronic mailing address.
(C) A registrant may use the electronic form provided on the city website to submit the information required by division (B) of this section. It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The city shall inform a registrant of any evidence received that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
(D) Once per month, the city shall send electronic mail notification of all final orders entered pursuant to this subchapter since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to the city code enforcement database located on the city website. The database shall include the following information regarding each final order:
(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 copy of the full citation;
(5) A copy of the full final order; and
(6) The status of the final order regarding its ability to be appealed pursuant to this subchapter.
(E) If an appeal is filed on a final order pursuant to this subchapter, the city shall send electronic mail notification to all registrants.
(F) Within ten days of the issuance of a final order pursuant to this subchapter, the city shall update its code enforcement database to reflect the issued final order and shall post the notification required by division (D) of this section containing an updated link to the code enforcement database on the city website.
(G) The city shall maintain the records created under this section for ten years following their issuance.
(Ord. 2021-2977, passed 2-8-2021)
(1) Correct the violation, if it has not already been abated; or
(2) Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement of the ordinance, including abatement costs.
(B) Nothing in this section shall prohibit the city from taking immediate action if necessary, under § 36.175.
(1) The city failed to comply with the requirements of § 36.173 for notification of the final order; or
(2) A prior lienholder complied with division (A) of this section.
(D) A lien that does not take precedence over previously recorded liens under division (C) of this section shall, if the final order remains partially unsatisfied, continue to take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
(E) The city shall not record its lien until the passage of 45 days from issuance of notification under § 36.173(D). When a recorded lien is fully satisfied, the city shall release the lien within 15 days of satisfaction.
(Ord. 2021-2977, passed 2-8-2021)
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