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The powers and duties of the Kenton County Joint Code Enforcement Board or any person that they may be designated by the city to enforce the provisions of this chapter shall include but not be limited to the following all pursuant to KRS 65.8801 thru 65.8839.
(A) To conduct surveys and make inspections in any area of the city to determine compliance with this chapter or other ordinances he or she is empowered to enforce.
(B) To investigate all complaints made about buildings, structures, vacant lots, or other premises within the city, whether they be verbal, written, or in the form of a petition, alleging or charging that a violation of this chapter exists or that a dwelling, structure, or building is unfit or unsafe for human habitation or other occupancy.
(C) In support of police or fire authority to inspect, survey, or investigate any building, structure, dwelling, or premises between the hours of 8:00 a.m. and 5:00 p.m., or at any time if an emergency exists or if requested by the owner or occupant. A Code Enforcement Officer may enter a building, structure, dwelling, or premises to inspect, survey, or investigate with the consent of the owner or occupant, in emergency situations, or when an inspection, survey, or investigation is required before a permit is issued or funding is provided by the county or is part of a licensing scheme adopted by the county. If an owner or occupant refuses to consent to entry or inspection of a building, structure, dwelling, or premises, a Code Enforcement Officer may obtain a search warrant for this purpose from a court of appropriate jurisdiction. In addition, a Code Enforcement Officer may obtain a search warrant to inspect several buildings or structures in a particular area as part of an area inspection policy promulgated by the city. Probable cause to issue a search warrant may be based upon the passage of time, the nature of the building (e.g., a multi-family apartment house), the condition of the entire area, or other reasonable legislative or administrative standards adopted by the county. Probable cause does not need to depend upon specific knowledge of a condition existing in a particular dwelling. A Code Enforcement Officer conducting an inspection pursuant to this chapter shall provide identification and statement of purpose before entering any building, structure, dwelling, or premises and the person in possession or in charge of the building, structure, dwelling, or premises shall give the Joint Code Enforcement Board and his or her assistants, staff, or employees free access to such property for the purposes set forth herein.
(D) To administer oaths and affirmations, to examine witnesses, and receive evidence.
(E) To appoint and fix the duties of such officers, agents, and employees as he or she deems necessary to carry out the purposes of this chapter.
(F) To delegate any of his or her functions and powers under this chapter and other ordinances to such officers, agents, and employees as he or she designates.
(G) To seek through the appropriate judicial officer or office, such warrants that are necessary to enforce the provisions of this chapter and in pursuit of said warrants, make such oath or affirmation necessary in support thereof.
(H) To keep records of all complaints received, inspection reports, orders, and of other actions taken. The records shall be made available for public inspection upon request within a reasonable amount of time. The Joint Code Enforcement Board shall prepare an annual report including statistics based on the records kept.
(Ord. 2016-9, passed 11-10-2016)
The Kenton County Joint Code Enforcement Board shall act as the hearing board for the enforcement of this chapter. Authorized personnel of Planning and Development Services of Kenton County and city police and fire officials shall act as the enforcement authority for the provisions of this chapter. A Code Enforcement Officer, in order to facilitate inspection of premises reasonably suspected of being in violation of this chapter, may obtain an administrative search warrant upon presentation of an appropriate affidavit to a Kenton County District or Circuit Judge. The affidavit and search warrant shall be in substantial conformity to the formats attached as Exhibits A and B of Ordinance 2016-9.
(Ord. 2016-9, passed 11-10-2016)
An appeal from any final order issued by the hearing board may be made to the Kenton District Court within 30 days after the date when the order is issued by the board. The appeal shall be initiated by the filing of a complaint and a copy of the board's order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. The appeal shall be de novo as determined by case law precedent. If no appeal from a final order of the board is filed within the time period set forth in this section, the board's order shall be deemed final for all purposes.
(Ord. 2016-9, passed 11-10-2016)
The city shall possess a lien on real property owned by the person found by a final order of the hearing board, or by final judgment of a court, to have committed a violation of this chapter in the amount of all fines assessed for the violation, for all charges, fees, and abatement costs incurred by the city in connection with the enforcement of this chapter, and bear interest until paid. The lien shall be superior to and have priority over all other liens on the property, except state, county, school board, and city taxes. A person found to have committed a violation of this chapter shall be personally liable for the amount of all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of this chapter.
(Ord. 2016-9, passed 11-10-2016)
The following penalties shall apply to violations of this chapter:
(A) Any person, firm, or corporation who violates any provision of this chapter shall be subject to a civil fine of not less than $50 per day per violation but not more than $500 per day per violation, or the cost to the city to abate the public nuisance, or both. Each day that a violation of this chapter continues after due notice has been served in accordance with the terms of this chapter may be deemed a separate offense to a maximum of $10,000 per citation.
(B) As an additional alternative remedy to the above penalty, any violator who violates any provision of this chapter and has been previously issued two or more citations for violation of this chapter relating to the same property within a 12-month period may be assessed additional civil penalties of $500 per day per violation to a maximum of $20,000 per citation.
(Ord. 2016-9, passed 11-10-2016)