The following requirements shall govern all enforcement proceedings before the Board:
(A) Enforcement proceedings before the Code Enforcement Board shall only be initiated by the issuance of a notice and/or citation by a Code Enforcement Officer;
(B) Service of the citation upon the offender shall be made by a Code Enforcement Officer and shall be effectuated in the following manner:
(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;
(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 resident, tenant, occupant, other violator, or the last known property owner of record as listed in the Todd County Property Valuation Office;
(4) By any other manner prescribed for the service of a summons under CR 4.01 to 4.10, Kentucky Rules of Civil Procedure, or RCr 2.10, Kentucky Rules of Criminal Procedure.
(C) Except as provided in division (D) below, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance, he or she may issue a notice of code violation to the offender allowing the offender a specified period of time to remedy the violation without fine. The notice of violation may be delivered to the alleged violator by personal service or by regular, first-class mail of the United States Postal Service. If the offender fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation;
(D) Nothing in this subchapter shall prohibit the city from taking immediate action to remedy a violation of its ordinances when there is reason to believe the violation presents a threat to public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible;
(E) 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 date and time the offense was committed;
(4) The facts constituting the offense;
(5) The section of the code or the number of the ordinance violated;
(6) The name of the Code Enforcement Officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the citation and elects to pay the minimum fine set forth in § 38.32(A);
(8) The maximum civil fine set forth in § 38.32(B) that may be imposed if the person elects to contest the citation and requests a hearing before the Board;
(9) The procedure for the person to follow in order to pay the minimum civil fine or to contest the citation and request a hearing;
(10) A statement that if the person fails to pay the minimum civil fine set forth in the citation or to contest the citation and request a hearing before the Board, 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, that the determination the violation was committed shall be final, and the civil fine set forth in § 38.32(C) shall be imposed.
(11) A statement that if the person requests a hearing before the Board within the time allowed, but fails to appear before the Board at the time set for the hearing, that the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation, the determination the violation was committed shall be final, and the civil fine set forth in § 38.32(C) shall be imposed.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering a copy of the citation along with proof of proper service to the Guthrie City Clerk, who shall provide a copy to the Chairperson of the Code Enforcement Board;
(G) The person to whom the citation is issued shall respond to the citation within ten calendar days of the date of issuance by either paying the minimum civil fine or requesting, in writing, to the Code Enforcement Board, in the care of the City Clerk, a hearing before the Code Enforcement Board to contest the citation. If response to the citation is not received by the Code Enforcement Board, in the care of the City Clerk, within ten 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; and
(H) If the alleged violator does not pay the minimum fine set forth in the citation and does not contest the citation by requesting a hearing within the time prescribed, the Code Enforcement Board shall enter a final order determining the violation was committed and impose the civil fine set forth in § 38.32(C). A copy of the final order shall be served on the person guilty of the violation.
(Ord. 2019-9, passed 6-11-2019; Ord. 2020-8, passed 11-10-2020)