(A) General. The county shall enforce compliance with this subchapter in accordance with the provisions outlined within this section.
(B) Enforcement mechanisms.
(1) It is the intent of this subchapter that a process of collaborative compliance be pursued, when possible, prior to taking enforcement actions. When deemed necessary by the county, violations of this subchapter may be enforced through the below mechanisms. These enforcement mechanisms, when implemented in the order presented below, shall constitute the standard of practice for a progressive enforcement process.
(a) Notice of violation. In instances where the county, based on observations or inspections, has reasonable cause to believe that a violation of this subchapter has occurred, the county may notify the person with a notice of violation (NOV) as outlined in § 32.03, as it may be amended.
(b) Civil penalties. In instances where the county, based on observations or inspections, has reasonable cause to believe that a violation of this subchapter has occurred, the county may issue a citation and assess a civil penalty through the Code Enforcement Board, as outlined in § 32.03, as it may be amended.
(c) Stop work order. In instances where the county, based on observations or inspections, has reasonable cause to believe that a significant violation of this subchapter has occurred, the county may issue the person a stop work order (SWO).
(e) Removal and restoration order. In addition to any of the enforcement actions provided in this section, the county has the authority to order the removal of any non-permitted road, alley, driveway, or other vehicle access and restore the county right-of-way to its previous condition. Any encroachment not so removed and restored shall be subject to removal and restoration by the county. The county has the right to recover costs incurred by the county in connection with this enforcement action. The county shall file a lien on the person's property for all costs and fees incurred by the county in connection with non-recovered removal and restoration costs.
(f) Proceedings in law. If the enforcement mechanisms described in this section prove to be unsuccessful in reaching compliance or if there is a blatant disregard for the requirements or if there is an immediate adverse impact to adjacent private or public property, the county may proceed with all procedures afforded it under the laws of the Commonwealth of Kentucky.
(2) The county is not restricted to progressing through each mechanism level if, in the county's opinion, the activities, or lack thereof, of a person warrants a more stringent enforcement mechanism.
(Ord. 19-340-16, passed 2-4-2020)