(A) Application for appeal. Any person directly affected by a decision of the Code Official, or his or her designee, or a notice or order or citation issued under this code, shall have the right to appeal to the Code Enforcement Board, after the issuance of a citation. An application for appeal shall be based on a claim that the true intent of this code, or the rules legally adopted thereunder, has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(B) Membership of Board. The Code Enforcement Board shall be appointed by the Mayor, and in conformance with applicable state statutes.
(C) Notice of meeting. The Board shall meet as established by city ordinance.
(D) Open hearing. All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Code Official, or his or her designee, and any person whose interests are affected shall be given an opportunity to be heard.
(E) Procedure. The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(F) Abatement by owner. In the event that the Code Enforcement Board finds that a violation does exist, the same may be abated by causing the removal, eradication, repair, termination or possession, or other remedy to take place so the violation is abated promptly in a manner prescribed in the order of the Code Enforcement Board.
(G) Abatement by city. In the event the violation is not abated as ordered by the Code Enforcement Board, then the Code Enforcement Board may include in its order for the city or the Code Official to take the necessary steps to abate the violation and assess the cost of same against the violator, including any fine amount, attorney’s fees, administrative costs, abatement costs or other penalties, and the same may be levied against the property. A lien for the necessary amounts to abate the violation shall be filed in the office of the Clerk of Bullitt County Court until the fines, fees, costs and other amounts are fully paid. Pursuant to city ordinance and the applicable state statutes, if the owner does not appeal a citation issued for a violation under this code, the city make take the necessary steps as noted in the section to abate the violation when the citation is deemed a final order.
(Ord. 2019-01, passed 7-15-19)