(a) Whenever the urban county engineer or any code enforcement officer in the division of code enforcement ascertains the existence of holes or other defects in sidewalks of the urban county which create a hazard to public safety, it shall be the duty of the urban county engineer or the code enforcement officer, as appropriate, to notify forthwith, in writing, the owner of the property abutting upon such defective sidewalk to repair or replace the same at his own expense within a reasonable period of time as stated in such notice. This notice shall be personally served upon the owner or shall be mailed via regular mail to the last known address of the owner of the property as it appears on the current tax assessment roll. If such owner be a nonresident of the urban county, or cannot be found, the notice may be delivered to his agent having charge of the property; and if there be no such agent, it may be delivered to the occupant of the property. The urban county council shall adopt regulations for the enforcement of sidewalk violations pursuant to this section.
(b) Any person affected by a civil penalty assessed pursuant to section 17-152 shall have the right to appeal to an assigned hearing officer acting on behalf of the administrative hearing board created by Chapter 12 of the Code; provided that a written application for appeal is filed within seven (7) days after the notice to repair or the notice of civil penalty was served as further provided in Chapter 2B of the Code. The proceeding before the administrative hearing board shall be governed by Chapter 2B of the Code and the board's rules, regulations and bylaws and shall include the right to appeal the decision of the board to a court of competent jurisdiction.
(Ord. No. 63-89, § 1, 4-20-89; Ord. No. 221-96, § 1, 11-14-96; Ord. No. 185-99, § 2, 7-8-99; Ord. No. 164-2000, § 1, 6-15-00; Ord. No. 139-2011, § 1, 11-3-11; Ord. No. 56-2017 , § 7, 4-27-17)