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Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS; CONSTRUCTION
CHAPTER 151: ELECTRICAL CODE
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: PLANNING
APPENDIX: ZONING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 16.7 CERTIFICATE OF OCCUPANCY RECORDS:
A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary building affected by such certificate of occupancy.
SECTION 16.8 COMPLAINTS REGARDING VIOLATIONS:
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance and the State Statutes, Commonwealth of Kentucky.
SECTION 16.9 PENALTIES:
Any person or entity violating any of the provisions herein shall, upon conviction in the Campbell District Court, be guilty of a Class B misdemeanor and shall be subject to fine and/or imprisonment in accordance with the penalties for a Class B misdemeanor as provided for in the Kentucky Revised Statutes.
(Am. Ord. O-2014-017, passed 9-22-2014; Am. Ord. O-2016-024, passed 12-12-16)
SECTION 16.10 INTENT CONCERNING DETERMINATIONS INVOLVED IN ADMINISTRATION AND ENFORCEMENT OF PERFORMANCE STANDARDS:
It is the intent of this Ordinance that:
   A.   Where investigations can be made by the Zoning Administrator or other designated City employees, at the request of the Zoning Administrator, using equipment normally available to the City such investigation shall be so made before notice of violation is issued.
   B.   Where technical complexity, nonavailability of equipment, or extraordinary expense makes it unreasonable, in the opinion of the Zoning Administrator for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be established for:
      1.   Causing corrections in apparent violations of performance standards;
      2.   Protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations; and
      3.   Protecting the general public from unnecessary costs for administration and enforcement.
   C.   If the Zoning Administrator finds, after investigations have been made by qualified experts, that there is a violation of the performance standards, he shall take or cause to be taken lawful action to cause correction to within limits set by such performance standards.
SECTION 16.11 DUTIES OF ZONING ADMINISTRATOR REGARDING PERFORMANCE STANDARDS:
If, in the judgment of the Zoning Administrator, there is probable violation of the performance standards as set forth, the following procedures shall be followed:
   A.   The Zoning Administrator shall give written notice, by registered mail or certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator within thirty (30) consecutive calendar days of receipt of such notification. However, the following alleged violations shall require an answer or correction of the alleged violations to the satisfaction of the Zoning Administrator within five (5) consecutive calendar days from the receipt of such notification by the Zoning Enforcement Officer:
      1.   Banners and temporary signs (Section 15.2).
      2.   Parking on off-street unpaved surfaces (Section 13.0).
      3.   Parking or storing of trailers, mobile homes, campers, inoperable vehicles, and other such type equipment (Section 9.25).
      The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within thirty (30) consecutive calendar days of receipt of said notice constitutes admission of violation of the terms of this Ordinance.
   B.   If there is no reply within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice, but the alleged violation is corrected to the satisfaction of the Zoning Administrator, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.
   C.   If there is no reply within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice and the alleged violation is not corrected to the satisfaction of the Zoning Administrator within the established time limit, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
   D.   If a reply is received within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice indicating that the alleged violation will be corrected to the satisfaction of the Zoning Administrator, but requesting additional time, the Zoning Administrator may grant a reasonable extension of time if (in) he deems it warranted under the particular circumstances of the case and (to) if the extension will not, in his opinion, cause imminent peril to life, health or property.
   E.   If a reply is received within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice requesting a technical determination of the alleged violations, and if the alleged violations continue, the Zoning Administrator may call in properly qualified expert to investigate and determine whether the violation exists or may advise the person or persons responsible for the alleged violation that they may retain qualified experts, at their own expense, to investigate and determine whether the violations exist.
      The findings of the experts, if any, shall be submitted to the Zoning Administrator to determine, in his opinion, whether there are violations based upon the findings presented to him. If the findings indicate violations of the performance standards, the persons responsible for the violations shall be notified by the Zoning Administrator and may be subject to the penalties as may be appropriate under the terms of Section 16.9 of this Ordinance. If the Zoning Administrator determines that no violation exists, the person or persons shall be promptly notified by the Zoning Administrator that no violations exist.
   F.   If a reply is received within thirty (30) consecutive calendar days of receipt of said notice requesting technical determination as provided in this Ordinance, and if the alleged violations continue, the Zoning Administrator shall call in properly qualified experts to investigate and determine whether violations exist. If expert findings indicate violations of the performance standards, the costs of the investigations shall be assessed against the properties or persons responsible for the violations in addition to such other penalties as may be appropriate under the terms of SECTION 16.9 of this Ordinance. If no violation is found, the costs of the investigations shall be paid by the City without assessment against the properties or persons involved.
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