(A) The Planning Commission, and/or the City of Hurstbourne (if the Planning Commission appoints a Hurstbourne Local Enforcement Officer), may issue remedial orders and impose civil fines as a method of enforcing a binding element when a violation of that binding element has occurred.
(B) If the violation of a binding element would also constitute an offense under any provision of the Kentucky Revised Statutes, including specifically, and without limitation, any provision of the Kentucky Penal Code and any moving motor vehicle offense, such a violation of a binding element shall not be a civil offense under this chapter but a criminal offense which may be prosecuted in the court of appropriate jurisdiction.
(C) In the exercise of its authority under this chapter, the Planning Commission, or the City of Hurstbourne (if the Planning Commission appoints a Hurstbourne Local Enforcement Officer), shall have the power to:
(1) Adopt rules and regulations to govern its operation and conduct of its hearing that are consistent with requirements of this chapter;
(2) Conduct hearings to determine whether there has been a violation of a binding element;
(3) Subpoena alleged violators, witnesses and evidence to its hearings and all such subpoenas issued by the Planning Commission, or the City of Hurstbourne (if the Planning Commission appoints a Hurstbourne Local Enforcement Officer), may be served by any Land Use Enforcement Officer;
(4) Take testimony under oath and the Chairman of the Planning Commission, and/or the Mayor of the City of Hurstbourne (if the Planning Commission appoints a Hurstbourne Local Enforcement Officer), may administer such oaths to witnesses prior to their testimony before the Planning Commission on any matter;
(5) Make findings and issue orders that are necessary to remedy any violation of a binding element;
(6) Impose civil fines as authorized in this chapter on any person found to have violated any binding element that the Planning Commission, or the City of Hurstbourne (if the Planning Commission appoints a Hurstbourne Local Enforcement Officer), is authorized to enforce.
(Ord. 2000-04, passed 2-22-00; Am. Ord. 11-03, passed 5-10-11)