To the extent allowable by law, any violations of this Zoning Ordinance may be enforced through the issuance of a civil citation pursuant to KRS 65.8801 et seq., as an additional or supplemental means of obtaining compliance. All citations issued pursuant to this Zoning Ordinance shall be issued by the citation officers cited in Section 14-10 of the Code of Ordinances and referred to the Infrastructure Hearing Board with the citations and the civil process to conform to Sections 16-76 through 16-83 of the Code of Ordinances.
(a) Issuance of a Civil Citation. Prior to the issuance of the first civil citation for a violation of a section of this Zoning Ordinance, the Urban County Government shall issue a notice of violation which shall specify a time period of at least twenty-four (24) hours for the correction of the violation. The time period specified shall not impose unrealistic requirements under prevailing weather and site conditions. If the violation is not corrected as specified in the written notice, the Urban County Government may issue a civil citation. A notice of violation shall precede the issuance of the first civil citation for such offense unless the violation is deemed to be a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the continuation of the violation would be irreparable or irreversible. No notice of violation shall be required prior to the issuance of a citation for any offense which occurs after the first citation is issued to a person or entity.
(b) Appeals of Civil Citations. Appeal of the civil citation may be made to the Infrastructure Hearing Board as provided in Section 16-79 of the Code of Ordinances.
(c) Civil Penalties. For violation of this Zoning Ordinance, the civil fines associated with the issuance of a civil citation are as follows:
(1) Upon issuance of the first citation within any twelve-month (12-month) period shall be a maximum of $200.00, but shall be $75.00 if the person committing the offense does not appeal the citation in accordance with Section 16-79 of the Code of Ordinances.
(2) The civil fine imposed upon the issuance of the second citation for the same section of this Zoning Ordinance within any twelve-month (12-month) period shall be a maximum of $300.00, but shall be $150.00 if the person committing the offense does not appeal the citation in accordance with Section 16-79 of the Code of Ordinances.
(3) The civil fine imposed upon issuance of the third citation for the same section of this Zoning Ordinance within any twelve-month (12-month) period shall be a maximum of $450.00, but shall be $225.00 if the person committing the offense does not appeal the citation in accordance with Section 16-79 of the Code of Ordinances.
(4) The civil fine imposed upon issuance of the fourth or more citation for the same section of this Zoning Ordinance within any twelve-month (12-month) period shall be a maximum of $500.00, but shall be $300.00 if the person committing the offense does not appeal the citation in accordance with Section 16-79 of the Code of Ordinances.
(d) Abatement. When there is reason to believe that the violation poses a serious threat to the public health, safety or welfare; or in situations where damage resulting from continuation of the violation would be irreparable or irreversible; or if the violation represents a continuing public nuisance, the government may, without further notice, proceed to abate the conditions. In the case of a continuing public nuisance, abatement involving the removal of structures or materials shall only take place after a civil citation has been issued and has not been appealed to the Infrastructure Hearing Board, or after an appealed civil citation has been upheld by the Infrastructure Hearing Board. The government may, in addition to any fine imposed herein, charge the responsible person, persons or entities with the cost of abatement, including equipment expense, disposal fee, if any and an administrative fee of $75.00. The Urban County Government may file a lien for such abatement, in accordance with Section 16-81 of the Code of Ordinances and KRS 65.8835. Citations, if issued, shall not preclude the government from abating the conditions and billing the responsible person, persons or entities for the cost of abatement.
(e) Enforcement. Nothing contained herein shall prohibit the Urban County Government from enforcement of this Zoning Ordinance by any means authorized by law.
(Code 1983, § 5-9; Ord. No. 268-2004 , § 1, 11-4-2004; Ord. No. 98-2011 , § 1, 8-25-2011; Ord. No. 105-2013 , § 1, 9-12-2013)
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