(A) The Code Enforcement Board may assign a hearing officer to conduct hearings in accordance with the procedures set forth in KRS 65.8828.
(B) Hearing officers.
(1) Any member of the Code Enforcement Board, including the Chair, may be assigned by the Board as a hearing officer.
(2) An individual who is not a member of the Code Enforcement Board may be assigned by the Board as a hearing officer as long as the individual does not hold any elected or appointed office or position of employment with a unit of city, and has no direct or indirect conflict with the property, owner or alleged violator.
(C) Any person assigned to be a hearing officer shall have experience or training in the code enforcement process and basic civil procedural. The experience or training shall include, at a minimum, acquired knowledge regarding fundamental due process rights of persons to:
(1) Be accompanied and advised by counsel at the hearing;
(2) Present evidence and witnesses at the hearing; and
(3) Examine or inspect the evidence introduced by any party; and confront and cross-examine the witnesses and the testimony proffered by any party.
(D) An assigned hearing officer may administer oaths to witnesses prior to their testimony and may subpoena alleged violators, witnesses and evidence to the hearing to which the officer is assigned.
(E) Any hearing conducted by a hearing officer under this section shall conform to the procedural requirements of KRS 65.8828(1) to (5).
(F) The hearing officer shall make written findings of fact and conclusions of law and shall recommend a final order for consideration and adoption by the Code Enforcement Board. The hearing officer shall forward these findings, conclusions and recommendations to the alleged violator or owner of the premises in the manner required by KRS 65.8828.
(G) (1) In lieu of division (F) of this section, the city authorizes the hearing officer to make written findings of facts and conclusions of law, and to enter final orders consistent with the same authority granted to the Code Enforcement Board under KRS 65.8828(4), with right of appeal to the full Code Enforcement Board.
(2) The findings of fact, conclusions of law and final order of the hearing officer shall be forwarded within 24 hours of entry to the alleged violator in the manner required by KRS 65.8828(5) with a copy to the Code Enforcement Board.
(3) For appeals of a final order of a hearing officer issued under this section, the issue appealed shall be heard by the full Board de novo without regard to any findings or rulings of the hearing officer. The appeal shall be filed in writing to the Code Enforcement Board within seven days of the receipt of the final order of the hearing officer. An individual receiving a final order of the hearing officer shall be required to exhaust the administrative remedy of appeal to the Code Enforcement Board before appealing to District Court as authorized under the following section. Failure to timely file an appeal to the Code Enforcement Board within seven days of the hearing officer’s order shall render the hearing officer’s order final and unappealable for purposes of appeal to the Code Enforcement Board, but a final order issued by the hearing officer may still be appealed directly to county’s District Court in accordance with the provisions of KRS 65.8831.
(Ord. 10-2020, passed 10-5-2020)