(A) The title of the ordinance creating this subchapter is “an ordinance establishing a Code Enforcement Board.”
(B) (1) The Code Enforcement Board is charged with authority to enforce Chapter 92 by use of means permitted pursuant to KRS Chapter 65 and all other ordinances pertaining to nuisance abatement, designation and penalty, including adoption by reference of all other nuisance situations as recognized and explained in the International Property Maintenance Code.
(2) Powers.
(a) The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing a local government ordinance when a violation of the ordinance has been classified as a civil offense in accordance with this section.
(b) Subject to the limitations set forth in division (C) of this section, the Code Enforcement Board may enforce any ordinance of the city, including but not limited to littering, open dumping of solid waste, or any zoning or nuisance ordinance.
(C) (1) The Code Enforcement Board shall consist of three members who shall be appointed by the Mayor and subject to approval of the City Council.
(2) The initial appointments to the Board shall be as follows:
(a) One member appointed for a term of one year.
(b) Two members appointed for a term of two years each.
(c) Two members appointed for a term of three years each.
(3) All subsequent appointments shall be made for a term of three years.
(D) Each member of the Board shall have resided within the boundaries of the city for a period of at least one year prior to the date of the member’
(E) Any vacancy on the Board shall be filled within 60 days by the Mayor, subject to the approval of the City Council. If a vacancy is not filled by the Mayor within 60 days, the remaining members of the Code Enforcement Board shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(F) Any member of a Code Enforcement Board may be removed by the Mayor for misconduct, inefficiency, or willful neglect of duty. If the Mayor exercised the power to remove a member of the Board, the Mayor shall submit a written statement to the member and to the City Council setting forth the reasons for removal. The member so removed shall have the right of appeal to the Circuit Court.
(G) All members of a Code Enforcement Board shall, before entering upon their duties, take an oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky.
(H) The members of the Board may be reimbursed for expenses or compensated, or both, as may be established by the City Council, from time to time.
(I) No member of the Code Enforcement Board shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city.
(J) The Board shall, upon the initial appointment of its members, and annually thereafter, elect a chair from among its members, who shall be the presiding officer and a full voting member of the Board. In the absence of the chair, the remaining members of the Board shall select one of the numbers to preside in place of the chair and exercise the powers of the chair.
(K) The meetings of the Board shall be held from time to time as necessary for the performance of its duties as set forth herein. The chairperson of the Board shall set the meetings. In the absence of the chairperson, any member of the Board can call a meeting. The Board shall be authorized to conduct special or emergency meeting in accordance with KRS 61.805 to 61.850.
(L) The presence of at least a majority of the Board’s entire membership shall constitute a quorum. The affirmative vote of the majority of the members constituting a quorum shall be necessary for any official action to be taken. Any member of the Board who has any direct or indirect financial or personal interest in any matter to be decided shall disclose the nature of the interest and shall disqualify himself or herself from voting on the matter and shall not be counted for the purposes of establishing a quorum.
(M) Minutes shall be kept for all proceedings of the Code Enforcement Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(N) All meetings and hearings of the Code Enforcement Board shall be open to the public.
(O) The city shall provide clerical and administrative personnel for the proper conduct of the duties of the Code Enforcement Board.
(Ord. 12-021, passed 7-13-21)
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Cross-reference:
Nuisances, see Ch. 92