§ 36.111 APPEALS.

   (A)   An appeal from any final order of the Code Enforcement Board may be made 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 Code Enforcement Board’s order in the same manner as any civil action under the state’s rules of civil procedure.

   (B)   If no appeal from a final order of the Code Enforcement Board is filed within the time period set forth in division (A) above, the Board’s order shall be deemed final.

(Ord. 681, passed 5-12-2009)

§ 36.112 ORDINANCE CIVIL FINE SCHEDULE.

   (A)   Violation of ordinances that are enforced by the city code enforcement officer and Code Enforcement Board shall be subject to the following schedule of civil fines:

Violation	1st Offense	2nd Offense	All Others
Property maintenance nuisances:
Nonstructural violations	$50	$100	$200
Structural violations	$75	$150	$300
Stormwater:
Erosion prevention and sediment control	$250	$500	$1,000
Illicit discharge	$500	$1,000	$2,000
Post-construction BMP maintenance	$250	$500	$1,000
Zoning ordinance/subdivision violations:
Sign violations	$50	$100	$200
Use violations	$100	$200	$300
Violation of development review procedures	$100	$200	$300
Violation of general development standards	$100	$200	$300
Violation of Overlay District procedures	$250	$500	$750
Yard/dimension violations	$50	$100	$200

 

   (B)   If the citation is contested and a hearing before the Code Enforcement Board is required, the following maximum penalties may be imposed at the discretion of the Code Enforcement Board:

Violation	1st Offense	2nd Offense	All Others
Property maintenance nuisances:
Nonstructural violations	$100	$200	$400
Structural violations	$150	$300	$600
Stormwater:
Erosion prevention and sediment control	$500	$1,000	$2,000
Illicit discharge	$1,000	$2,000	$4,000
Post-construction BMP maintenance	$500	$1,000	$2,000
Zoning ordinance/subdivision violations:
Sign violations	$100	$200	$400
Use violations	$200	$400	$600
Violation of development review procedures	$200	$400	$600
Violation of general development standards	$200	$400	$600
Violation of Overlay District procedures	$500	$1,000	$1,150
Yard/dimension violations	$100	$200	$400

 

   (C)   Each section of a code or ordinance violated shall be considered a separate finable offense. If two or more sections of a code or ordinance are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation, provided that upon the issuance of the fifteenth citation for the same violation, each day that the violation continues thereafter shall be considered a separate offense without the need for the issuance of any additional citations.

   (D)   The Code Enforcement Board is hereby authorized and directed to determine within the bylaws and rules and procedures a civil penalty schedule within the civil penalty ranges shown in divisions (A) and (B) above.

(Ord. 681, passed 5-12-2009)

§ 36.113 LIENS, FINES, CHARGES AND FEES.

   (A)   The city may, pursuant to KRS 65.8835, possess a lien on property owned by the persons found by a final, non-appealable order of the Board or by a final judgment of a court of law if the Code Enforcement Board’s decision has been appealed, to have committed a violation for all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement.

   (B)   The lien may 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 at the legal rate until paid.

   (C)   The lien shall take precedence over all other subsequent liens, except state, county, school board and city taxes and may be enforced by judicial proceedings.

(Ord. 681, passed 5-12-2009)

§ 36.114 CIVIL REMEDIES.

   In addition to the imposition of a lien, the city may institute other civil action and seek an injunction or monetary damages to enforce its ordinances and collect the debts arising from the fines imposed by the Code Enforcement Board.

(Ord. 681, passed 5-12-2009)

§ 36.115 STATE STATUTES ADOPTED BY REFERENCE.

   All of the terms, conditions and procedures of KRS 65.8801 through 65.8839 relating to the organization and powers of the Code Enforcement Board enforcement, procedure appeals and other matters are hereby adopted by the city and incorporated herein by reference, as if fully written.

(Ord. 681, passed 5-12-2009)