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(A) Correction period. All violations of this chapter shall be corrected within a period of 30 days after the order to correct is issued by the Administrative/Enforcement Officer or in such longer period of time, not exceeding six months, as the Administrative/Enforcement Officer may determine. A violation not corrected within the allowed time for correction shall be reported to the County Attorney who shall initiate prosecution procedures.
(B) Violation a misdemeanor. Every person, corporation or firm who violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter or any permit, license or exception granted hereunder, or any lawful order of the Administrative/Enforcement Officer, the Board of Adjustment, the Planning Commission, the City Council, or the Fiscal Court issued in pursuance of this chapter shall be guilty of a Class B misdemeanor. Each day of violation shall constitute a separate offense.
(C) Remedies. The Administrative/Enforcement Officer, the Board of Adjustment, the Planning Commission, the Fiscal Court or any interested party may institute an injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or remove any violation of this chapter.
(Ord. passed 1-11-2005)
The Fiscal Court shall establish schedules of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, appeals and other matters pertaining to this chapter. The schedules of fees shall be posted in the offices of the Administrative/Enforcement Officers, and may be altered or amended only by official action of the appropriate legislative body. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. passed 1-11-2005)
BOARD OF ADJUSTMENT
(A) A Board of Adjustment shall be established before the county zoning ordinance shall be legally enforced. The Board established shall consist of three, five or seven citizen members, two of whom may be citizen members of the Planning Commission from the appropriate jurisdiction. A CITIZEN MEMBER means any member of the Planning Commission or Board of Adjustment who is not also an elected or appointed official or employee of the county. The term of office for members of the Board shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively. One year appointments shall be made in May of each year by the Judge/Executive. Vacancies on the Boards shall be filled within 60 days by the respective legislative body. If the Judge/Executive fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
(B) All members of the Boards shall, before entering upon their duties, qualify by taking the oath of office prescribed by § 228 of the Constitution of the Commonwealth before a judge, county judge/executive, notary public, clerk of a court or justice of the peace of the county.
(C) Reimbursement for expenses or compensation or both may be authorized for members of the Board.
(D) Any member of the Boards may be removed by the appointing authority for inefficiency, neglect of duty, malfeasance or conflict of interest. The appointing authority, who exercises the power to remove a Board member, shall submit a written statement to the Planning Commission setting forth the reasons for removal and the statement shall be read at the next meeting of the Board of Adjustment. The member so removed shall have the right of appeal to the Circuit Court of the county.
(E) The Boards shall annually elect a Chairperson and Vice Chairperson and any other officer it deems necessary. Any officer shall be eligible for re-election at the expiration of his or her term.
(Ord. passed 1-11-2005)
(A) The Board shall conduct meetings at the call of the Chairperson who shall give written or oral notice to all members of the Board at least seven days prior to the meeting which notice shall contain the date, time and place for the meeting, and the subject or subjects which will be discussed.
(B) A simple majority of the total membership, as established by regulation or agreement, shall constitute a quorum. Any member of the Board who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself or herself from voting on the question.
(C) The Board shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings and determinations and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the Board. If the Board has no office, such records may be kept in custody of an officer of the Board and shall be available to the general public. A transcript of the minutes of the Board shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.
(Ord. passed 1-11-2005)
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