(A) When a hearing has been requested, the Code of Ordinance Enforcement Board shall schedule a hearing.
(B) Not less than seven calendar days before the date of the hearing, the Code of Ordinance Enforcement Board, through the Hopkinsville Fire Department, shall notify the requester of the date, time and place of the hearing. The notice may be given by regular first-class mail; 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 and who is informed of the contents of the notice.
(C) (1) Any person requesting a hearing before the Code of Ordinance Enforcement Board 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, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(2) Notice of the final order shall be provided by 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) All testimony at the hearing 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) At the hearing, the Code of Ordinance Enforcement Board shall, based on the evidence, determine whether a violation was committed. If it determines no violation was committed, an order dismissing the citation shall be entered. If it determines a violation was committed, an order shall be issued upholding the citation and the Code of Ordinance Enforcement Board shall order the offender to pay a civil fine in an amount up to the maximum authorized by ordinance, and may order the offender to remedy a continuing violation within a specified time.
(F) With regard to any hearing concerning an unsafe structure, the Code of Ordinance Enforcement Board, as part of its decision and written order, in addition to the fines set forth in division (E) above, may additionally make provision for the offender to cure the violation. Said provision shall not exceed 90 days unless special conditions exist, such as insurance settlement or pending litigation involving the property. In the event such a provision is ordered, the order shall provide that the owner or responsible person is required to:
(1) Cure the violation within the time period set forth in the order pursuant to the standards set forth herein;
(2) Submit a work write-up to the enforcement officer within 45 days of the order, which shall include a detailed description of the proposed improvements to the real estate to cure the violation;
(3) Obtain the enforcement officer's approval of the work write-up before commencing to improve the real estate;
(4) Obtain a building permit from the city before making any improvements to a structure;
(5) Prohibit the installation or hook up of any permanent utilities until final approval is obtained from the enforcement officer;
(6) Prohibit any person from occupying the real estate in violation until final approval is obtained from the enforcement officer; and
(7) Obtain the enforcement officer's final approval of the completed improvements and of the curing of the violation within the time period established in the order.
(G) If the owner or responsible person of an unsafe structure in violation of this chapter fails to properly cure or remedy the violation within seven days following entry of an order by the Code of Ordinance Enforcement Board upholding a citation, or within the period to cure as otherwise provided by order of the Code of Ordinance Enforcement Board, whichever is later, then the city, in its discretion and without obligation, may enter upon the real estate and take such action as it deems appropriate to cure the violation and abate the nuisance. The action may include the cutting or removing of grass and weeds, the removal of trash, debris, garbage, refuse, materials, waste, junk, litter and other matter constituting a violation, the repair of any unsafe or unsanitary condition and the demolition and removal of any unsafe structure.
(H) Every final order of the Code of Ordinance Enforcement Board shall be reduced to writing, which shall include the findings of fact and conclusions of law reached 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 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.
(Ord. 24-2002, passed 12-3-2002; Ord. 10-2009, passed 6-16-2009; Ord. 23-2016, passed 12-20- 2016; Ord. 21-2017, passed 12-19-2017; Ord. 44-2023, passed 11-21-2023)