Any person who has been given notice of a violation of this nuisance code may, within five (5) days from the date of said notice, request a hearing before the City Council to challenge the determination of violation of the code. Said request for hearing shall be in writing and delivered to the City Clerk. Thereafter the City Council shall convene in special session to hear the case. Three (3) members of the City Council may act as the hearing board, or as many as the full Council. The decision of the Council after the hearing shall be decided by a majority vote. In hearing the matter brought by the property owner, the City Council shall allow the presentation of evidence by the property owner and shall allow cross-examination of any city employee by the property owner or his or her authorized representative. Any person wishing to act as the authorized representative of the property owner in such a hearing shall file written notice of his or her representation with the City Clerk no later than twenty-four (24) hours prior to the hearing. The hearing shall be fixed by written notice communicated to the property owner by the City Clerk. The City Council, acting as this hearing board, shall conclude that the property owner has violated the nuisance code if evidence of a clear and convincing standard is presented that establishes said violation. The City Council shall communicate its finding to the property owner within three (3) business days following the conclusion of the hearing, which shall be in writing and given to the property owner at the address listed on the city records or such other address as may be provided to the City Council by the property owner. If the City Council concludes that no violation has occurred, then the matter shall be closed. If the City Council, acting as the hearing board, concludes that the property owner has violated the code as provided for herein, then the property owner shall be liable for all of the fines, costs and assessments made by the City Building Inspector and shall also be liable for all fines, fees and penalties including costs of the hearing. An appeal from the Hearing Board’s determination may be made to the District Court by the property owner in accordance with the provisions of KRS 82.715, adherence to which will be specifically required for a valid appeal.
(Ord. 1-2003, passed 1-7-03)
____________
Editor’s note:
KRS 82.715 repealed by 2016 Ky. Acts ch. 86, sec. 18, effective January 1, 2017.