(A) Enforcement proceedings before the Board shall be initiated by the issuance of a citation by a code enforcement officer.
(B) When a code enforcement officer, based upon personal observation or investigation, has reasonable cause to believe that person has committed a violation of any city ordinance the officer is authorized to issue a citation to the offender.
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person 18 years of age or older who is on the premises, if the alleged violator is not on the premises at the time a citation is issued;
(3) Mailing a copy of the citation by regular first-class mail to the last known recorded mailing address of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in divisions (B)(1) through (3) above is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(C) When authorized by ordinance, a code enforcement officer may, in lieu of immediately issuing a citation, the officer is authorized to give notice that a violation shall be remedied within a specific period of time. If the persons to whom the notice is given fail or refuse to remedy the violation within the time specified, the code enforcement officer is authorized to issue a citation.
(D) The citation issued by the code enforcement officer shall be in a form prescribed by the City Council and shall contain, in addition to any other information required by ordinance or rule of the Board:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the offense was committed;
(4) The facts constituting the offense;
(5) The section of the code or the number of the ordinance violated;
(6) The name of the code enforcement officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the violation if the city has elected to use the alternative authorized under KRS 65.8808(2)(b);
(8) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation and that the determination that a violation was committed shall be final, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(E) After issuing a citation to an alleged violator, the code enforcement officer shall notify the Code Enforcement Board by delivering the citation to the City Clerk. The Code Enforcement Board may also elect to provide notice of the issuance of the citation to any lienholder with an interest in the subject premises.
(F) (1) When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days of the date the citation was issued by either paying the civil fine set forth in the citation or requesting, in writing, a hearing before the Code Enforcement Board to contest the citation. If the person fails to respond within seven days, the person shall be deemed to have waived the right to a hearing to contest the citation and the determination that violation was committed shall be considered final. In this event, the citation, was issued, the Board shall enter a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(2) Notice of the final order shall be provided to the cited violator by:
(a) Regular first-class mail;
(b) Certified mail, return receipt requested;
(c) Personal delivery; or
(d) Leaving a copy of the order at that person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the order.
(G) When a hearing before the Board has been requested, the Board, through its administrative staff, or the City Clerk, shall schedule a hearing. The hearing shall be conducted within 14 days of the request unless the person who requested the hearing requests or agrees to a continuance not to exceed 14 days. Not less than seven days before the date set for the hearing, the Code Enforcement Board shall notify the person who requested the hearing of the date, time, and place of the hearing. The notice may be given by regular first-class mail; certified mail, return receipt requested; by personal delivery; or by leaving the notice at the person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of this notice. The Code Enforcement Board may also elect to provide notice of hearing to any lienholders with an interest in the subject premises. Any person requesting a hearing before the Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in the manner set forth in division (K) below.
(H) Each case before the Board may be presented by the City Attorney or by a member of the administrative staff of the city. The attorney may either be counsel to the Code Enforcement Board or may represent the city by presenting cases at the hearing, but in no case shall the attorney serve in both capacities.
(I) All testimony shall be under oath and shall be recorded. The Code Enforcement Board shall take testimony from the code enforcement officer, the alleged offender, and any witnesses to the alleged violation offered by the code enforcement officer or the alleged offender. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(J) At the hearing, the Code Enforcement Board shall determine, based on the evidence presented, whether a violation was committed. When the Board determines that no violation was committed, an order dismissing the citations shall be entered. When the Board determines that the violation has been committed, the Board may issue an order upholding the citation and may order the offender to pay a civil fine in an amount up to the maximum authorized by Chapter 92 and any city ordinance that the Board has jurisdiction to enforce.
(K) Every final order following a hearing of the Code Enforcement Board shall be reduced to writing, which shall include the findings and conclusions of the Board, the date the order was issued, and a copy of the order shall be furnished to the person named in the citation. If the person named in the citation is not present at the time a final order of the Board is issued, the order shall be delivered to that person by certified mail, return receipt requested; by personal delivery; or by leaving a copy of the order at that person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the order.
(L) Appeals; final judgment. Appeals from any final order issued by the Code Enforcement Board may be made in the manner specified in KRS 65.8831.
(M) Lien; fines; charges.
(1) The city shall possess a lien on property owned by the person found by a final, non-appealable order of the Board as defined by KRS 65.8805(8), or by a final judgment of the court, to have committed a violation of Chapter 92 and any city ordinance that the Board has jurisdiction to enforce, for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance including abatement costs. The lien shall be recorded in the office of the City Clerk.
(2) The lien shall be notice to all persons from the time of its recording and shall bear interest until paid. Subject to KRS 65.8836, the lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings including an action to foreclose. The lien shall continue for ten years following the date of the non- appealable final order, or final judgment of the court.
(N) In addition to the remedy prescribed in division (M) above, the person found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(O) Nothing in this section shall otherwise affect the rights or obligations between the owner of the property and those persons who claim a security interest in the property.
(P) Nothing contained in this subchapter shall prohibit the city from taking immediate action to remedy a violation of Chapter 92 and any city ordinance that the Board has jurisdiction to enforce, when there is reason to believe that the existence of the violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action the offense of the violation will be irreparable or irreversible. In addition, nothing contained herein shall prohibit the enforcement of Chapter 92 and any city ordinance that the Board has jurisdiction to enforce, by any other means authorized.
(Ord. 12-021, passed 7-13-21)