(A) When a hearing has been requested, the Board and assigned hearing officer, through its clerical and administrative staff, shall schedule a hearing.
(B) Not less than seven (7) days before the date of the hearing, the Board and hearing officer, and its clerical and administrative staff, shall notify the requester of the date, time and place of the hearing. The notice may be given by regular first-class mail, 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 eighteen (18) years of age or older, and who is informed of the contents of the notice. The Board may also elect to provide notice of hearing to any lienholders with an interest in the subject premises.
(C) Any person requesting a hearing 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. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in the manner set forth in KRS 65.8828(5).
(D) All testimony shall be taken under oath and recorded. The assigned hearing officer shall take testimony 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.
(E) Each case that is the subject of a hearing may be presented by an attorney selected by the local government or by a member of the administrative staff of the local government. An attorney may either be counsel to the hearing officer or may represent the local government by presenting cases at the hearing, but in no case shall an attorney serve in both capacities.
(F) The assigned hearing officer shall, based on the evidence, determine whether a violation was committed. If it determined that no violation was committed, an order dismissing the citation shall be entered. If it determined that a violation was committed, an order shall be issued upholding the citation and ordering the offender to do either or both of the following:
(1) Pay a civil fine up to the maximum authorized by ordinance;
(2) Remedy a continuing violation.
(G) Every order of the assigned hearing officer shall be reduced to writing, which shall include findings and conclusions, and the date the order was issued. A copy of the order shall be furnished to the person named in the citation. If the person named in the citation is not present at the time an order is issued, the order shall be delivered to that person by regular first-class mail; certified mail, return receipt requested; by personal delivery; or by leaving a copy of the order at that person's usual place of residence with any individual residing therein, who is eighteen (18) years of age or older, and who is informed of the contents of the order.
(Ord. 2023-3, passed 5-9-23)