(a) Notice of violation. Prior to issuing the initial civil citation for any violation, the director, enhanced 911 or his representative, who shall be referred to hereinafter as the "code enforcement officer", may first issue a written notice of violation. The notice of violation shall provide the following:
(1) The date and time of issuance;
(2) The name and address of the person to whom the notice of violation is issued;
(3) The date and time the offense was committed;
(4) The facts constituting the offense;
(5) The section of the Code of Ordinances or zoning ordinance violated;
(6) The name of the code enforcement officer issuing the notice of violation;
(7) The period of time within which the violation must be corrected in order to avoid the issuance of a citation; and
(8) A statement to the effect that the failure to abate or correct the violation may result in the issuance of a citation and civil fine in the amounts set forth in this section.
(b) The provisions of chapter 2B of the Code shall apply to the issuance of all civil citations and the administrative hearing process.
(c) Notices of violation shall be served upon the person in violation, which in most instances shall be the owner of the property where the violation(s) exists. The following methods of service are deemed to be sufficient: any method of personal service recognized under Kentucky law and/or the Kentucky Rules of Civil Procedures; mailing the notice via regular U.S. mail to the last known address of that person as it appears on the current tax assessment roll; delivery of the notice by certified mail, return receipt requested; or in the event that the address of the person in violation cannot readily be ascertained from the tax rolls in the exercise of reasonable diligence, publication in a newspaper of general circulation for two (2) consecutive days upon the code enforcement officer making an affidavit to that effect. If notice is made by publication, a copy of such notice shall also be posted in a conspicuous place on the premises affected by the notice. All costs incurred in serving a person are recoverable. Any person may designate, in writing on a form provided by and filed with the division of enhanced 911, the name and address to where any notice or citations can be provided, and service to said name and address shall be sufficient. However, such designation does not shift or change the responsibility for compliance with the provisions of sections 17-2 to 17-4 to the designee, instead of the designating person. All citations shall be served in the manner specified in section 2B-6 of the Code.
(1) The civil fine imposed upon the issuance of the first citation within any twelve-month period shall be a maximum of one hundred dollars ($100.00);
(2) The civil fine imposed upon the issuance of the second citation within any twelve-month period shall be a maximum of two hundred dollars ($200.00);
(3) The civil fine imposed upon the issuance of the third citation within any twelve-month period shall be a maximum of three hundred dollars ($300.00);
(4) The civil fine imposed upon issuance of the fourth or more citation of the same nature within any twelve-month period shall be a maximum of five hundred dollars ($500.00); and
(5) All fines may also include all charges and fees incurred by the government in connection with enforcement, including but not limited to an administrative fee of seventy-five dollars ($75.00) and the costs of service, publication, and recording.
(Ord. No. 374-2006, § 5, 12-12-06; Ord. No. 77-2011, § 22, 6-23-11; Ord. No. 221-2016 , § 22, 12-6-16)