(A) When a hearing is timely requested, the Code Enforcement Board, through its Code Enforcement Officer, shall schedule the hearing at the next regularly scheduled meeting, or at a special or called meeting for the purpose of hearing the matter. Not less than seven days before the date set for the hearing, the Code Enforcement Board shall notify the person who requested the hearing of the date, time, and place of the hearing, and advertise notice of the hearing as required in KRS Chapter 424. The notice may be given by regular first-class mail (USPS tracking); certified mail, return receipt requested; personal delivery; or by leaving the notice at the person’s usual place of residence or the subject premises with any individual residing therein who is 18 years of age or older, who is informed of the contents of the notice and signs a written receipt of delivery. The Code Enforcement Board may also elect to provide notice of hearing to any lienholders with an interest in the subject premises.
(1) Any person requesting a hearing who fails to appear at the noticed place and time of the hearing shall be deemed to have waived the right to a hearing to contest the citation, and the Board shall enter an order determining that a violation was committed which shall be final and no just cause for delay. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the accused violator shall be deemed to have committed the offense and waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the violator and any other person with an interest in the premises in the manner set forth in division (E) of this section.
(2) Any person to fails to request a hearing but whose case in nonetheless placed on the Code Enforcement Board docket at the request of the Code Enforcement Officer, may be heard at the discretion of the Code Enforcement Board, subject to the same procedures and as set out hereinabove.
(B) Each case that is the subject of a hearing may be presented by an attorney selected by the city, by the Code Enforcement Officer or by a member of the administrative staff of the city. The attorney may either be counsel to the Code Enforcement Board or may represent the city by presenting the case at the hearing, but in no case shall an attorney serve in both capacities.
(C) All testimony shall be under oath and shall be recorded, either by a court reporter or by audio-video means. The Code Enforcement Board or assigned hearing officer shall take testimony from the Code Enforcement Officer, the alleged offender, any witnesses to the alleged violation offered by the Code Enforcement Officer or the alleged offender, or any persons or neighbors having a direct or indirect interest and personal knowledge of the alleged violation. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(D) If the Code Enforcement Board conducts a hearing, or upon the receipt of recommendations of the hearing officer pursuant to KRS 65.8829(6), the Code Enforcement Board shall determine, based on the evidence presented on the record as a whole, 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 may issue an order upholding the citation and may order the offender to do either or both of the following:
(1) Pay a civil fine in a sum up to the maximum amount authorized by the ordinance; or
(2) Remedy a continuing violation within a specified time to avoid the imposition of additional fines and remedial orders as authorized by ordinance.
(E) Every final order following a hearing 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 of the order shall be furnished to the person named in the citation as provided above. If the person named in the citation is not present at the time a final order of the Board is issued, the order shall be delivered to that person as provided above.
(F) If the Code Enforcement Board is reviewing a final order entered by the hearing officer on appeal as authorized by KRS 65.8829(7), the Code Enforcement Board shall review the record created before the hearing officer and determine whether there is substantial evidence on the record to support the finding by the hearing officer that a violation was committed. If the Code Enforcement Board determines that there is not substantial evidence on the record, it shall issue an order dismissing the citation. If the Code Enforcement Board determines that there is substantial evidence on the record that a violation was committed, it shall issue a final order upholding the order entered by the hearing officer. The provisions of divisions (A) and (D) of this section shall apply to any appeal of the hearing officer decision conducted pursuant to this section.
(Ord. 10-2020, passed 10-5-2020)