(A) (1) The Planning Commission may issue remedial orders and impose civil fines as a method of enforcing a binding element when a violation of that binding element has occurred.
(2) If the violation of a binding element would also constitute an offense under any provision of the Kentucky Revised Statutes, including specifically, and without limitation, any provision of the State Penal Code and any moving motor vehicle offense, this violation of a binding element shall not be a civil offense under this subchapter but a criminal offense which may be prosecuted in the court of appropriate jurisdiction.
(B) In the exercise of its authority under this subchapter, the Planning Commission shall have the power to:
(1) Adopt rules and regulations to govern its operation and conduct of its hearing that are consistent with requirements of this subchapter;
(2) Conduct hearings to determine whether there has been a violation of a binding element;
(3) Subpoena alleged violators, witnesses and evidence to its hearings and all subpoenas issued by the Planning Commission may be served by any Land Use Enforcement Officer;
(4) Take testimony under oath and the Chairperson of the Planning Commission may administer those oaths to witnesses prior to their testimony before the Planning Commission on any matter;
(5) Make findings and issue orders that are necessary to remedy any violation of a binding element; and
(6) Impose civil fines as authorized in this subchapter on any person found to have violated any binding element that the Planning Commission is authorized to enforce.
(Ord. 01-03, passed 3-1-2001) Penalty, see § 33.999