(A) Any property owner or occupant who has received notice of a nuisance violation under this chapter and who desires to contest the notice of a nuisance violation may request a hearing before the Code Enforcement Board pursuant to the rules and regulations of that Board and the procedure for responding to a citation as set forth in § 153.09.
(B) Not less than 3 days before the date set for the hearing, the Board shall cause to be delivered to the person or entity who requested the hearing a written notice of the date, time, and place of the hearing.
(C) The Board shall advise the City Clerk of the meeting so as to permit the Clerk to make due advertisement of the meeting as may be required by applicable law.
(D) The Board shall conduct its business at meetings scheduled and held in conformance with the requirements of the Kentucky Open Meetings Act.
(E) The Board shall receive testimony from the Building Code Enforcement Officer, the person or entity to which the notice was given, and any other relevant witnesses.
(F) At the hearing, the Board shall determine from the evidence presented whether or not a violation of this subchapter was committed by the person or entity to which the notice was given.
(1) If the Board determines from the evidence presented that no such violation was committed, the determination of the Building Code Enforcement Officer shall be reversed and an order containing the Board’s findings of fact and dismissing the notice shall be signed and entered into the record of the proceedings of the Board.
(2) If the Board determines from the evidence presented that such violation does exist, the Board shall issue an order sustaining the notice and the person or entity will be given 7 days from the date of the hearing in which to cure the nuisance, or else be subject to the applicable penalty pursuant to § 92.99 for every day the nuisance remains unabated.
(3) If the nuisance is not abated within 7 days as provided for in the order, the city may proceed to abate the nuisance, keeping an account of the expense of the abatement, and such expense, including an administrative cost fee, shall be charged to and paid by the owner or occupant. Pursuant to § 92.27(C)(1), the city shall have a lien against the property for such expense until paid.
(G) Every final order of the Board shall be written and signed on behalf of the Board; and it shall include the date the order was issued, and a copy of the order shall be delivered to the owner or occupant to which the notice was given. If any person or entity to whom the notice was given is not present at the time of the hearing of the Board, the final order shall be delivered to that person by postage pre-paid first class U.S. mail to the address identified in the notice or a different address identified by that person or entity.
(H) Any person or entity requesting a hearing before the Board that fails to appear at the time and place scheduled for the hearing shall be deemed to have waived the right to a hearing to contest the notice and the determination of the Building Code Enforcement Officer that a violation was committed shall be final.
(Ord. 2012-007, passed 8-20-2012; Am. Ord. 2019-015, passed 1-6-2020)
Penalty, see § 92.99