§ 37.03 ENFORCEMENT POWERS.

   (A)   The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing city ordinances when a violation of the ordinance has been classified as a civil offense.

   (B)   The Code Enforcement Board shall not have the authority to enforce any ordinance the violation of which constitutes a criminal offense under any provision of the state statutes, including specifically, any provision of the State Penal Code and any moving motor vehicle offense.

(Ord. 14-2019, passed 11-5-2019)

§ 37.04 APPOINTMENT OF MEMBERS; TERM OF OFFICE; VACANCIES; REMOVAL FROM OFFICE; OATH; TRAINING.

   (A)   Appointment. Members of the Code Enforcement Board shall be appointed by the executive authority of the city, subject to the approval of the legislative body.

   (B)   Term of office.

      (1)   The initial appointment to the Code Enforcement Board shall be as follows:

         (a)   Two members of the Board shall be appointed for a term of one year;

         (b)   Two members of the Board shall be appointed for a term of two years; and

         (c)   One member of the Board shall be appointed for a term of three years.

      (2)   All subsequent appointments shall be for a term of three years. A member may be reappointed, subject to the approval of the legislative body.

   (C)   Alternate members. The executive authority may appoint, subject to the approval of the legislative body, two alternate members to serve on the Board in the absence of regular members. Alternate members shall meet all of the qualifications and shall be subject to all of the requirements that apply to regular members of the Board.

   (D)   Vacancies. Any vacancy on the Code Enforcement Board shall be filled by the executive authority, subject to approval of the legislative body within 60 days of the vacancy. If the vacancy is not filled within that time period, the remaining Board members shall fill the vacancy. A vacancy shall be filled for the remainder of the unexpired term.

   (E)   Removal from office. A Board member maybe removed from office by the executive authority for misconduct, inefficiency or willful neglect of duty. The executive authority shall submit a written statement to the member and the legislative body setting forth the reasons for removal. The member so removed shall have the right of appeal to the County Circuit Court.

   (F)   Oath. All members of the Code Enforcement Board must, before entering upon the duties of their office, take the oath of office prescribed by § 228 of the Kentucky Constitution.

   (G)   Members disallowed to hold other positions with city. No member of the Board shall hold any elected or nonelected office, paid or unpaid, or any position of employment with the city.

(Ord. 14-2019, passed 11-5-2019)

§ 37.05 ORGANIZATION OF BOARD; MEETINGS; QUORUM.

   (A)   Chairperson. The Code Enforcement Board shall annually elect a Chair from among its members. The Chairperson shall be the presiding officer and a full voting member of the Board. If the Chairperson is not present, the Board shall select one of its members to preside in place of and exercise the powers of the Chairperson.

   (B)   Meetings. Meetings of the Board shall be held as necessary to enforce all civil offenses established by the city code of ordinances. Meetings other than those regularly scheduled shall be special meetings or emergency meetings held in accordance with the requirements of the State Open Meetings Act.

   (C)   Open meetings. All meetings and hearings of the Board shall be held in accordance with the requirements of KRS 65.8815(5) and the State Open Meetings Act, being KRS 61.800 to KRS 61.850.

   (D)   Quorum. The presence of at least a majority of the Code Enforcement Board’s entire membership and/or alternate membership shall constitute a quorum. The affirmative vote of a majority of a quorum of the Board shall be necessary for any official action to be taken.

   (E)   Minutes. Minutes shall be kept for all proceedings of the Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.

   (F)   Clerical and administrative assistance. The city shall provide clerical and administrative personnel as reasonably required by its Code Enforcement Board for the proper conduct of its duties.

(Ord. 14-2019, passed 11-5-2019)

§ 37.06 CONFLICT OF INTEREST.

   Any member of the Board who has any direct or indirect financial or personal interest in any matter to be decided shall disclose the nature of the interest and shall disqualify himself or herself from voting on the matter in which he or she has an interest and shall not be counted for purposes of establishing a quorum.

(Ord. 14-2019, passed 11-5-2019)

§ 37.07 POWERS OF THE BOARD.

   The Code Enforcement Board shall have the following powers and duties:

   (A)   To adopt rules and regulations to govern its operations and the conduct or its hearings;

   (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 maybe 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; and

   (F)   To impose civil fines, as authorized, on any person found to have violated an ordinance over which the Board has jurisdiction.

(Ord. 14-2019, passed 11-5-2019)