(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CODE ENFORCEMENT BOARD. An administrative body created and acting under the authority of the Local Government Code Enforcement Board Act (KRS 65.8801 to 65.8839).
CODE ENFORCEMENT OFFICER. A county police officer, sheriff, deputy sheriff, safety officer, citation officer, zoning enforcement officer, solid waste coordinator or other public law enforcement officer with the authority to issue a citation.
ORDINANCE. An official action of the County Fiscal Court which is a regulation of a general and permanent nature and enforceable as a local law and shall include any provision of a code of ordinances adopted by the County Fiscal Court which embodies all or part of an ordinance.
(B) Creation and membership. There is hereby created pursuant to KRS 65.8801 to 65.8839 within the county a Code Enforcement Board (the “Board”) which shall be composed of five members, all of whom shall be at least 21 years of age and a resident of the county for a period of at least one year prior to the date of the member’s appointment and shall reside there throughout the term in office.
(C) Powers.
(1) The Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing ordinances when a violation of the ordinance has been classified as a civil offense.
(2) The Board shall not have the authority to enforce any ordinance the violation of which would also constitute a criminal offense or a moving motor vehicle offense under any provision of the Kentucky Revised Statutes.
(D) Appointment of members; terms of office; removal from office; oath; and compensation.
(1) Members of the Board shall be appointed by the County Judge-Executive subject to approval of the County Fiscal Court.
(2) The initial appointments to the Board shall be as follows: one member appointed to a one- year term; two members appointed to a two-year term; and two members appointed to a three-year term. All subsequent appointments shall be for a term of three years. A member may be reappointed subject to approval of the County Fiscal Court.
(3) The County Judge-Executive may appoint, subject to the approval of the County Fiscal Court, two alternate members to serve on the 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 Board.
(4) Any vacancy on the Board shall be filled by the County Judge-Executive subject to approval of the County Fiscal Court within 60 days of the vacancy. If the vacancy is not filled within that time period, the remaining Board members shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(5) A Board member may be removed from office by the County Judge-Executive for misconduct, inefficiency or willful neglect of duty. The County Judge-Executive must submit a written statement to the member and the County Fiscal Court setting forth the reasons for removal.
(6) All members of the Board must, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
(7) Members of the Board shall be reimbursed for actual expenses and compensated in the amount of $100 per meeting.
(8) No member of the Board may hold any elected or appointed office, paid or unpaid, or any position of employment with the county.
(E) Organization of Board; meetings, quorum.
(1) The Board shall annually elect a chair from among its members who shall be the presiding officer and a full voting member of the Board.
(2) Regular meetings of the Board shall be held on the second Tuesday of each month. Meetings other than those regularly scheduled shall be special meetings held in accordance with the requirements of the Kentucky Open Meetings Act.
(3) All meetings and hearings of the Board shall be held in accordance with the requirements of KRS 65.8815(5) and the Kentucky Open Meetings Act.
(4) The presence of three or more members shall constitute a quorum of the Board.
(5) The affirmative vote of a majority of a quorum of the Board shall be necessary for any official action to be taken.
(6) Minutes shall be kept for all proceedings of the Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(F) Conflict of interest. Any member of the Board who has any direct or indirect financial or personal interest in any matter to be decided by the Board shall disclose the nature of the interest and shall disqualify himself or herself from voting on the matter and shall not be counted for purposes of establishing a quorum.
(G) Jurisdiction. The Board shall have jurisdiction to enforce and shall enforce those ordinances in effect in the unincorporated area of the county and other code provisions which specifically provide for enforcement by the Board.
(H) Powers of the Board. The 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 ordinance over which it has jurisdiction.
(3) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Board may be served by any Code Enforcement Officer.
(4) To take testimony under oath. The chairman shall have the authority to administer oaths to witnesses prior to their testimony before the Board on any matter.
(5) To make findings and issue orders necessary to remedy any violation of an ordinance which the Board is authorized to enforce.
(6) To impose civil fines as authorized by ordinance on any person found to have violated an ordinance over which the Board has jurisdiction.
(I) Enforcement proceedings. The following requirements shall govern all enforcement proceedings before the Board:
(1) Enforcement proceedings before the Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(2) When a Code Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a person has violated an ordinance, he or she is authorized to issue a citation. A Code Enforcement Officer may, in lieu of immediately issuing a citation, issue a notice of violation to the violator allowing the violator a specified period of time to remedy the violation without fine. If the offender fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(3) The citation issued by the Code Enforcement Officer shall contain the following information:
(a) The date and time of issuance;
(b) The name and address of the person to whom the citation is issued;
(c) The date and time the offense was committed;
(d) The facts constituting the offense;
(e) The section of the code or the number of the ordinance violated;
(f) The name of the Code Enforcement Officer;
(g) The civil fine that will be imposed for the violation if the person does not contest the citation;
(h) The maximum civil fine that may be imposed if the person elects to contest the citation;
(i) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(j) 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 Board to contest the citation and that the determination that the violation was committed shall be final.
(4) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Board by delivering a copy of the citation to the administrative staff of the Board.
(5) The person to whom the citation is issued shall respond to the citation within 14 days of the date of issuance of the citation by either paying the civil fine set forth in the citation or requesting, in writing, a hearing before the Board to contest the citation. If the person fails to respond to the citation within 14 days, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final. A copy of the final order shall be served on the violator.
(J) Hearing; notice; and final order.
(1) When a hearing has been requested, the administrative staff of the Board shall schedule a hearing.
(2) Not less than seven days before the date of the hearing, the administrative staff of the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by 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 the notice.
(3) 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. The Board shall enter a final order determining the violation was committed and shall impose the civil fine set forth in the citation. A copy of the final order shall be served upon the person guilty of the violation.
(4) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(5) The Board shall, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order shall be issued upholding the citation and either imposing a fine up to the maximum authorized by this or any other ordinance or requiring the offender to remedy a continuing violation within a specified time to avoid the imposition of a fine, or both.
(6) Every final order of the Board shall be reduced to writing, which shall include the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered in accordance with the procedures set forth in subsection (2) above.
(K) Legal counsel. Each case before the Board may be presented by an attorney selected by the county or by the Code Enforcement Officer. An attorney may either be counsel to the Board or may present cases before the Board but in no case serve in both capacities.
(L) Appeals; final judgment.
(1) An appeal from any final order of the Board may be taken to the County District Court within 30 days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the Board’s order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. The appeal shall be limited to a review of the record made before the Board.
(2) If no appeal from a final order of the Board is filed within the time period set in subsection (1) above, the Board’s order shall be deemed final for all purposes.
(M) Enforceable ordinances and fines. The ordinances to be enforced and the civil fines to be imposed by the Board are listed on the established Ordinance Violation Fine Schedule as adopted by the County Fiscal Court.
(N) Lien, fines, charges and fees.
(1) The county shall possess a lien on property owned by the person found by a final, nonappealable order of the Board, or by a final judgment of the Court, to have committed a violation of an ordinance for all fines assessed for the violation and for all charges and fees incurred by the county in connection with the enforcement of the ordinance.
(2) The lien shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest until paid.
(3) The lien shall take precedence over all other subsequent liens except state, county and school board taxes and may be enforced by judicial proceedings.
(4) In addition to the remedy prescribed in subsection (1), the person found to have committed the violation shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by the county in connection with the enforcement of the ordinance. The county may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(O) Immediate action. Nothing in this section shall prohibit the county from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action the effects of the violation will be irreparable or irreversible.
(Ord. KOC 02-150-455, passed 3-19-2002; Ord. KOC 02-230-88, passed 10-15-2002; Ord. KOC 04-150-161, passed 7-6-2004; Ord. KOC 19-150-01, passed 9-17-2019)