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There is hereby created pursuant to KRS 65.8801 to KRS 65.8839 within the city, a Code Enforcement Board which shall be composed of five members, all of whom shall be residents of the city for a period of one year prior to the appointment and shall reside there throughout the term in office.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2011-1556, passed 1-12-12; Am. Ord. 2016-1715, passed 11-10-16)
(A) The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing city ordinances when a violation of the ordinance has been classified as a civil offense.
(B) The Code Enforcement Board shall not have the authority to enforce any chapter the violation of which constitutes as offense under any provision of the Kentucky Revised Statutes, including specifically, any provision of the Kentucky Penal Code and any moving motor vehicle offense.
(C) The City of Murray Code Enforcement Board shall have the following powers and duties:
(1) To adopt rules and regulations to govern its operations and the conduct of its hearings.
(2) To conduct hearings to determine if there has been a violation of an chapter over which it has jurisdiction.
(3) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Code Enforcement Board may be served by any Code Enforcement Officer.
(4) To take testimony under oath. The chairperson shall have the authority to administer oaths for the purpose of taking testimony.
(5) To make findings of fact and issue orders necessary to remedy any violation of a city ordinance or code provision which the Code Enforcement Board is authorized to enforce.
(6) To impose civil fines, as authorized, on any person or entity found to have violated an ordinance over which the Board has jurisdiction.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2016-1715, passed 11-10-16)
(A) Members of the Code Enforcement Board shall be appointed by the Mayor of the city, subject to the approval of the City Council.
(B) Members of the Code Enforcement Board will be appointed to serve a three (3)-year term.
(C) The Mayor may appoint, subject to the approval of the City Council, two (2) alternate members to serve on the Code Enforcement Board in the absence of regular members. Alternate members shall meet all of the qualifications and shall be subject to all of the requirements that apply to regular members of the Code Enforcement Board.
(D) Any vacancy on the Board shall be filled by the Mayor, subject to approval of the City Council within sixty (60) days of the vacancy.
(E) A Code Enforcement Board member may be removed from office by the Mayor for misconduct, inefficiency, or willful neglect of duty. The Mayor must submit a written statement to the member and the City Council setting forth the reasons for removal.
(F) All members of the Code Enforcement Board must, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
(G) Members of the Code Enforcement Board shall be reimbursed for actual expenses and compensated $50 per meeting attended.
(H) No member of the Code Enforcement Board may hold any elected or non-elected office, paid or unpaid, or any position of employment with the city.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2013-1614, passed 6-27-13; Am. Ord. 2016-1715, passed 11-10-16)
(A) The Board shall annually elect a Chairperson from among its members. The Chairperson shall be the presiding officer and a full voting member of the Board.
(B) Regular meetings of the Code Enforcement Board shall be held on one day of every month, as needed, to be determined by the Board. Meetings other than those regularly scheduled shall be special or emergency meetings held in accordance with the requirements of the Kentucky Open Meetings Act.
(C) All meetings and hearings of the Code Enforcement Board shall be held in accordance with the requirements of KRS 65.8815 and the Kentucky Open Meetings Act.
(D) The affirmative vote of a majority of a quorum of the Board shall be necessary for any official action to be taken.
(E) 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.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2016-1715, passed 11-10-16)
Any member of the Code Enforcement 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 in which he or she has an interest and shall not be counted for purposes of establishing a quorum.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2016-1715, passed 11-10-16)
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