(A) The County Officer shall investigate all structures coming to his or her attention which appear to be unfit for human habitation, occupancy or use; provided, however, that unless the County Officer has personal knowledge of the condition of any such structure, all other investigations shall be initiated in 1 of the following ways:
(1) By resolution adopted by a majority of the Governing Body that specifies that a particular structure appears to be unfit for human habitation, occupancy or use and referring the matter for further investigation to the County Officer;
(2) By verified petition signed by at least 5 bona fide residents of the county and filed with the County Officer alleging that a particular structure appears to be unfit for human habitation, occupancy or use; or
(3) By memorandum filed with the County Officer by a county authority other than the County Officer, alleging that a particular structure appears unfit for human habitation, occupancy or use.
(B) Regardless of how the investigation is initiated, if the County Officer's preliminary investigation determines that probable cause exists to charge an owner with being in violation of this chapter, the County Officer shall issue a complaint to the owner specifying the violation(s) and cause same to be served upon the owner and other parties in interest of the structure(s). The complaint shall also state that the owner and parties in interest may file an answer to the complaint with the attorney for the Board of Adjustments within 10 days of service of the complaint, and that a hearing will be held before the Board of Adjustments at a date, time and place fixed therein, which shall be at least 10 days but no more than 45 days after service of the complaint. It shall also inform the owner and parties in interest that they may appear in person at the hearing, give testimony themselves, and present any other relevant evidence or testimony regarding the complaint made against them.
(C) Neither the Kentucky Rules of Civil Procedure nor the Kentucky Rules of Evidence shall strictly apply to any such hearing.
(D) At hearing, the County Officer or his or her designee, the owner and parties in interest or their attorney, shall be given reasonable opportunity to present evidence and/or rebut evidence presented, examine witnesses and argue the merits of their respective positions to the Board.
(E) The Board of Adjustments may make a uniform set of rules regarding the length of or the conduct of all these hearings and may for good cause reset or continue any particular hearing to a date, time and place to be determined by it, not more than 30 days after the original date set in the complaint.
(F) The Board shall have subpoena powers to compel attendance of persons at all proceedings conducted pursuant to this chapter.
(Ord. 950-2, passed 1-18-2005)