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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)
(A) The city shall possess a lien on property owned by the person found by a non-appealable final order, 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 and attorney’s fees. 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) 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) above, 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, attorneys 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. 14-2019, passed 11-5-2019)
The city shall obtain and maintain priority over previously filed liens in accordance with the following provisions:
(A) Individuals and entities, including, but not limited to, lien holders, may register with the city to receive electronic notification of final orders;
(B) To receive the notification, the registrant shall submit the following information to the City Clerk:
(1) Name;
(2) Mailing address;
(3) Phone number; and
(4) Electronic mailing address.
(C) A registrant may use the form provided on the city website to submit the information required in division (B) above. 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 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 specific description of the citation leading to the final order, including the citation detail set forth in KRS 65.8825(4)(a) to (4)(j), which maybe satisfied by including a copy of the full citation;
(5) The findings of the final order, including the penalty or penalties imposed by the final order, which maybe satisfied by providing a copy of the full final order; and
(6) The status of the final order in regards to its ability to be appealed.
(E) If an appeal is filed on a final order pursuant to this chapter, the city shall send electronic mail notification to all registrants.
(F) Within ten days of the issuance of a final order pursuant to this chapter, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by division (D) above 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. 14-2019, passed 11-5-2019)
(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 attorney’s fees and abatement costs.
(B) Nothing in this section shall prohibit the city from taking immediate action if necessary under § 37.99.
(C) The lien shall not take precedence over previously recorded liens if:
(1) The city failed to comply with the requirements of § 37.13 for notification of the final order; or
(2) A prior lien holder completed the actions listed in division (A) above.
(D) A lien that does not take precedence over previously recorded liens under division (C) above 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 may record a lien before the 45-day period established in division (A) above expires. If the lien is fully satisfied prior to the expiration of the 45-day period, the city shall release the lien in the County Clerk’s office where the lien is recorded within 15 days of satisfaction.
(F) Failure of the city to comply with § 37.13 or this section, or failure of a lien to take precedence over previously filed liens as provided in division (C) above, shall not limit or restrict any other remedies the city has against the property of the violator.
(Ord. 14-2019, passed 11-5-2019)
Nothing contained in this chapter shall prohibit a local government from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the existence of the violation presents imminent danger, 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.
(Ord. 14-2019, passed 11-5-2019)
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