(a) When an administrative hearing is requested a hearing shall be scheduled. Not less than seven (7) days before the date set for the hearing, the person who requested the hearing will be notified in writing of the date, time, and place of the hearing. The notice may be given by regular first-class mail; certified mail, return receipt requested; by personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. In this event, the citation, as issued, shall be deemed a final order determining that a violation was committed and imposing the civil fine set forth in the citation, and the person shall be deemed to have waived his or her right to an appeal. Notice of the final order shall be provided to the cited violator in the manner set forth in paragraph (i), below.
(b) Any party to an administrative hearing may participate in person or may be represented by counsel. Each case that is the subject of a hearing may be presented by an attorney selected by the urban county government or by a member of the administrative staff of the government. An attorney may either be counsel to the code enforcement board and the assigned hearing officer or may represent the urban county government by presenting cases at the hearing, but in no case shall an attorney serve in both capacities.
(c) A hearing officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence to the hearing to which the officer is assigned.
(d) All testimony shall be under oath and shall be recorded. The hearing officer shall take testimony from the code enforcement officer, the alleged offender, and any witnesses to the alleged violation offered by the code enforcement officer or the alleged offender. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Any person, upon request, may receive a copy of the recording, provided, however, that the party making the request shall be responsible for the cost of any transcript or copy.
(e) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party, or if such practice is authorized by statute. Any party shall have the right, upon reasonable request, to inspect the documentary or tangible evidence relating to an administrative hearing, either in person or through counsel. Copies of documentary evidence may be obtained by parties upon the payment of a fee, except where disclosure is protected by state or federal law.
(f) Objections to evidentiary offers may be made by any party and shall be noted in the record.
(g) The hearing officer may take official notice of any matter of which a court of the Commonwealth of Kentucky may take such notice.
(h) Following a hearing, the hearing officer shall make written findings of facts and conclusions of law, and enter a final order which includes the date the order was issued. When a hearing officer determines that no violation was committed, an order dismissing the citation shall be entered. When a hearing officer determines that a violation has been committed, an order shall be issued upholding the citation and the hearing officer may order the offender to pay a civil fine in an amount up to the maximum authorized by ordinance, or may order the offender to remedy a continuing violation within a specified time to avoid the imposition of a fine, or both.
(i) Within twenty-four (24) hours of entry, these findings, conclusions, and final order shall be forwarded to the violator(s), and to the board. The findings, conclusions, and order may be delivered to the violator(s) at the conclusion of the hearing or by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving the documents at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the delivery.
(j) A violator(s) may appeal a final order issued as a result of a hearing directly to Fayette District Court, in accordance with section 2B-8.
(k) The chief administrative officer shall designate a staff person to serve as secretary to each board. The secretary shall file a detailed record of all proceedings in the office of the appropriate commissioner or director.
(Ord. No. 77-2011, § 6, 6-23-11; Ord. No. 221-2016 , § 7, 12-6-16)
Editor's note(s)—Former § 2B-6. See editor's note at § 2B-2.