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(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)
(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)
(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)
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)
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)
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 citation by a Code Enforcement Officer.
(B) Except as provided in division (C) below, if a Code Enforcement Officer reasonably believes, based on his or her personal observation or investigation, that a person has violated a city ordinance, he or she shall issue a notice of violation to the offender allowing the offender a specified period of time to remedy or abate the violation without fine. If the offender fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(C) Nothing in this chapter shall prohibit the city from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(D) The Code Enforcement Officer may issue the citation by:
(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) Mailing a copy of the citation by regular first-class mail to the last known recorded mailing address of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in divisions (D)(1) through (D)(3) above is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(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;
(8) The maximum civil fine that maybe 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:
(a) The person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation;
(b) The determination that a violation committed shall be final; and
(c) Deemed to have waived the right to appeal the final order to the District Court.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to City Clerk/Treasurer.
(G) 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 before the Board 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 or appeal 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. 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.
(H) If the alleged violator does not contest the citation within the time prescribed, the Board shall enter a final order determining that the violation was committed and impose the civil fine set forth in the citation, said amounts are due immediately. A copy of the final order shall be served on the person guilty of the violation.
(Ord. 14-2019, passed 11-5-2019)
(A) Scheduling of hearings. When a hearing has been requested, the Code Enforcement Board or its administrative staff shall schedule a hearing.
(B) Notice. Not less than seven days before the date of the hearing, the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by certified mail, return receipt requested; by 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) Failure to appear at hearing. 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 as non-contested and not paid within the seven-day deadline, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. 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.
(D) Testimony. All testimony 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) Findings of fact and final determination. The Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. If the Board determines that no violation was committed, an order dismissing the citation shall be entered. If the Board determines that a violation was committed, the Board shall issue an order upholding the citation and either imposing a fine up to the maximum authorized by this or another ordinance, or requiring the offender to remedy a continuing violation within a specified time, or both.
(F) Final orders to be written. Every final order of the Code Enforcement Board shall be reduced to writing, which shall include the findings and conclusions of the Board and the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered to that person by certified mail, return receipt requested; by personal delivery, or by having a copy of the order 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 order.
(Ord. 14-2019, passed 11-5-2019)
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. 14-2019, passed 11-5-2019)
(A) Appeal. An appeal from any final order of the Code Enforcement Board may be made to the 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 Board’s order in the same manner as any civil action under the State Rules of Civil Procedure. The appeal shall be tried de novo. A judgment of the district court may be appealed to the County Circuit Court in accordance with the State Rules of Civil Procedure.
(B) Final judgment. If no appeal from a final order of the Board is filed within the time period set in division (A) above, the Board’s order shall be deemed final for all purposes.
(Ord. 14-2019, passed 11-5-2019)
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