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(A) The Board shall be composed of three (3) members and two (2) alternate members appointed by as follows: one (1) member and one (1) alternate member shall be appointed by the Paris City Commission; one (1) member and one (1) alternate member appointed by the Bourbon County Judge-Executive and approved by the Bourbon County Fiscal Court; one member appointed by the North Middletown City Council.
(B) Initial Board appointments shall be as follows:
(1) The member appointed by the City of Paris shall serve an initial term of one (1) year.
(2) The member appointed by the City of North Middletown shall serve an initial term of three (3) years.
(3) The member appointed by Bourbon County shall serve an initial term of two (2) years.
(4) The alternate member appointed by the City of Paris shall serve an initial term of two (2) years.
(5) The alternate member appointed by Bourbon County shall serve an initial term of two (2) years.
(C) All subsequent appointments shall be made for a term of three (3) years.
(D) 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.
(E) Any vacancy on the Board shall be filled by the aforementioned appointing parties within sixty (60) days. If a vacancy is not filled by the respective appointing authority within sixty (60) days, the remaining members of the Code Enforcement Board shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(F) Any member of a Code Enforcement Board may be removed by the appointing authority for misconduct, inefficiency, or willful neglect of duty. Any appointing authority who exercises the power to remove a member of a Code Enforcement Board shall submit a written statement, to the member and to the legislative body of the local government, setting forth the reasons for removal. The member so removed shall have the right of appeal to the Circuit Court.
(G) All members of the Board must, before entering into office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
(H) Members of the Board shall be compensated at the rate of one hundred dollars ($100.00) per member, per meeting attended, not to exceed twelve hundred dollars ($1,200.00) per member per year. Alternates shall be compensated one hundred dollars ($100.00) for each meeting to which they are called to attend as an alternate member, but otherwise shall not be compensated.
(I) No member of the Board may hold any elected or appointed office, whether paid or unpaid, or any position of employment with the unit of local government that has created the Code Enforcement Board.
(J) Each member of the Code Enforcement Board shall have resided within the boundaries of Bourbon County for a period of at least one (1) year prior to the date of the member’s appointment and shall reside there throughout the term in office.
(Ord. 2023-3, passed 5-9-23)
(A) Enforcement proceedings before the Code Enforcement Board or hearing officer shall be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) When, based upon personal observation or investigation, a Code Enforcement Officer has reasonable cause to believe that a person has committed a violation of a local government ordinance, the Officer may issue a citation by:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person eighteen (18) years of age or older who is on the premises, if the alleged violator is not on the premises at the time the citation is issued; or
(3) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail of the United States Postal Service to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(C) In addition to any other information required by rule of the Board, the citation issued by the Code Enforcement Officer shall contain:
(1) The date of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date the offense was committed;
(4) The address where the offense was committed;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance violated;
(7) The name of the Code Enforcement Officer;
(8) When the Code Enforcement Officer has reason to believe that the existence of the violation presents imminent danger, 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, a statement so indicating;
(9) If applicable, the time period within which the person must remedy the violation;
(10) A specific statement of the remediation necessary;
(11) A statement that, if the person fails to remedy the violation within the time period specified, the city may abate the violation and bill the person for abatement costs plus an administrative fee of one hundred dollars ($100.00);
(12) When specifically authorized by the ordinance or code being violated, that the citation and any applicable penalties will be waived if the violation is remedied within the time period specified by the ordinance, which period shall be set forth in the citation;
(13) A statement that the city shall possess a lien on property owned by the person for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs;
(14) The civil fine that will be imposed for the violation if the person does not contest the citation;
(15) The maximum civil fine that may be imposed if the person elects to contest the citation;
(16) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(17) A statement that, if the person fails to pay the civil fine set forth in the citation or contest the citation within seven (7) days of the date the citation is issued, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board or hearing officer to contest the citation, that the determination that a violation was committed shall be final, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(18) A statement that contesting the citation shall serve to toll the city’s abatement of the violation, except where the Code Enforcement Officer has reason to believe that the existence of the violation presents imminent danger, 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.
(D) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the administrative official designated by ordinance or by the Board. The Code Enforcement Officer, hearing officer, or Code Enforcement Board may also elect to provide notice of the issuance of the citation to any lienholder with an interest in the subject premises.
(E) Notices of violation or citations involving motor vehicles shall be sent to the property owner or other person having control or management of the premises or property, and the motor vehicle owner if known.
(F) Nothing in this article shall prohibit the city 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.
(G) When a citation is issued, the person to whom the citation is issued shall respond to the citation, within seven (7) days of the date the citation is issued, by either paying the civil fine set forth in the citation or filing written notice with the Bourbon County Joint Planning Office to request a hearing to contest the citation. If the person fails to respond to the citation within seven (7) days, the person 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 considered 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 § 22.609(G).
(H) Notwithstanding the provisions of division (G) of this section, whenever a hearing before an administrative body is required by law for a particular violation, remedy or abatement action, or when, in the opinion of a Code Enforcement Officer or the Code Enforcement Board attorney, such a hearing is necessary or advisable, the Code Enforcement Officer or the Code Enforcement Board attorney may request such a hearing before the Board, and the Board shall schedule the hearing and provide notice to the person to whom the citation is issued in accordance with the provisions of this section.
(I) Citations shall be payable to the Bourbon County Joint Planning Commission.
(Ord. 2023-3, passed 5-9-23)
(A) The Code Enforcement Board shall assign a hearing officer to conduct hearings in accordance with the procedures set forth in KRS 65.8828.
(B) Any member of the Board, including the chair, may be assigned as a hearing officer. In the event a Board member is assigned as a hearing officer, he or she shall not participate in the Board’s hearing, deliberation or decision of the appeal.
(C) An individual that is not a member of the Board may be assigned by the Board as a hearing officer as long as the individual does not hold any elected or appointed office or position of employment with the city or any jurisdiction participating in an interlocal agreement for joint enforcement through the Board.
(D) Any person assigned to be a hearing officer by a Code Enforcement Board shall have experience or shall have received training in the code enforcement process and basic procedural due process, as specified in the ordinance creating the Code Enforcement Board. The experience or training shall include, at a minimum, acquired knowledge regarding a party’s fundamental due process right to:
(1) Be accompanied and advised by counsel at the hearing;
(2) Present evidence and witnesses on his or her behalf at the hearing;
(3) Examine the evidence opposing the party; and
(4) Confront and cross-examine the witnesses opposing the party.
(E) An assigned hearing officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence to the hearing to which the officer is assigned.
(F) Any hearing conducted by a hearing officer under this section shall conform to the procedural requirements of KRS 65.8828(1) to (5).
(G) The hearing officer shall make written findings of facts and conclusions of law and enter a final order consistent with the authority granted to the Board under KRS 65.8828(4). The findings of fact, conclusions of law, and order shall be forwarded within twenty-four (24) hours of entry to the alleged violator, in the manner required by KRS 65.8828(5), and to the Board.
(H) An order issued by a hearing officer under this subsection may be appealed by the alleged violator to the Board. The appeal shall be filed in writing to the Board within seven (7) days of the receipt of the order. The failure to file an appeal within seven (7) days shall render the order entered by the hearing officer final for all purposes. An individual receiving a final order under this subsection shall be required to exhaust the administrative remedy of appeal to the Board, before appealing to the District Court, as authorized under KRS 65.8831.
(Ord. 2023-3, passed 5-9-23)
(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)
(A) Within seven (7) days of the entry of an order by the hearing officer, the order may be appealed by the alleged violator to the Board, which shall review the record created before the hearing officer and determine whether there is substantial evidence on the record to support a finding that a violation was committed. If the Board determines there is not substantial evidence on the record, it shall issue an order dismissing the citation. If the Board determines there is substantial evidence on the record that a violation was committed, it shall issue a final order upholding the order entered by the hearing officer. The failure to file an appeal within seven (7) days of the date of the hearing officer’s order shall render the order entered by the hearing officer final for all purposes. An individual receiving a final order under this subsection shall be required to exhaust the administrative remedy of appeal to the Code Enforcement Board, before appealing to the District Court, as authorized under KRS 65.8831.
(B) An appeal from any final order shall be made to the Bourbon County District Court within thirty (30) days of the date the final order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. The District Court shall review the final order de novo.
(C) A judgment of the Bourbon County District Court may be appealed to the Bourbon County Circuit Court in accordance with the Rules of Civil Procedure.
(D) If no appeal of the final order is filed within the time allowed in subsection (A) of this section, the final order shall be deemed final for all purposes.
(Ord. 2023-3, passed 5-9-23)
(A) All violations of ordinances and codes enforced under this article shall be remedied by the violator within the time period specified in the specific ordinance or code, unless the Code Enforcement Officer determines that a shorter time is warranted. In the absence of a specified time period, the time period for remedy of a violation shall not exceed (10) days. However, the Code Enforcement Officer, Board or hearing officer may grant an extension of this time period. The time period for the violation to be remedied shall not be less than twenty-four (24) hours following issuance of the citation, unless the Code Enforcement Officer has reason to believe that the existence of the violation presents imminent danger, 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. The time period shall commence upon the issuance of a citation in accordance with § 22.607(B).
(B) If the property owner does not abate the violation within the applicable time period, the city may proceed to abate the violation, keeping an account of the expense of abatement. The abatement costs, including necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation, and to maintain and preserve the public health, safety, and welfare in accordance with any local government ordinance, shall be charged to and paid by the property owner.
(C) Filing of notice to contest a citation in accordance with § 22.607(G) shall serve to toll the city’s abatement of the violation, unless the Code Enforcement Officer has reason to believe that the existence of the violation presents imminent danger, 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. In the event the Board or a hearing officer determines that the violation contested did occur, the Board or hearing officer may order that the abatement proceed immediately or within a specified time period not to exceed thirty (30) days.
(D) The Code Official shall bill the property owner of the premises following abatement. No lien claimed shall be filed against the property until seven (7) days have elapsed after the bill is sent. If the property is the subject of litigation, the lien may be filed immediately upon the mailing of the bill.
(Ord. 2023-3, passed 5-9-23)
(A) The city shall possess a lien on property owned by the person found by a final, non-appealable final order as defined by KRS 65.8805(8), or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 65.8801 to 65.8839. The lien:
(1) Shall be recorded in the office of the County Clerk;
(2) Shall be notice to all persons from the time of its recording and shall bear interest until paid;
(3) Subject to KRS 65.8836, shall take precedence over all other liens, except state, county, school board, and city taxes;
(4) Shall continue for ten (10) years following the date of the nonappealable final order or final judgment of the court; and
(5) May be enforced by judicial proceedings, including an action to foreclose.
(B) A copy of the notice of the lien shall be mailed to the owner of the premises. However, the failure to mail the owner a copy of the notice or the failure of the owner to receive the notice shall not affect the right of the city to enforce its lien for the charges as provided by law.
(C) In addition to the remedy prescribed above, 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 city in connection with the enforcement of the applicable code of ordinances.
(D) The City Attorney is authorized to bring a civil action for the collection of delinquent liens and other costs incurred by the city. The city shall have the same remedies as provided for the recovery of a debt. The City Attorney is granted authority to use his or her best judgment and discretion to settle any fine, remedy assessments, and to release liens as he or she deems to be in the best interests of the city. The City Attorney is further authorized to make a determination that a lien not be filed if the cost of the lien and collection is greater than the amount of the lien, when intervening in existing litigation is not cost effective, or when the lien would not be enforceable as a matter of law. The City Attorney is also authorized to release any existing liens that meet the above criteria.
(E) Lienholder notification system. Pursuant to KRS 65.8835 and 65.8836, the city shall obtain and maintain priority over previously filed liens in accordance with the following provisions:
(1) Individuals and entities, including, but not limited to, lienholders, may register with the city to receive electronic notification of final orders entered pursuant to this article.
(2) In order to receive the notification, the registrant shall submit the following information to the City Clerk:
(a) Name;
(b) Mailing address;
(c) Phone number; and
(d) Electronic mailing address.
(3) A registrant may use the electronic form provided on the city website to submit the information required by subsection (E)(2) of this section. It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The city shall inform a registrant of any evidence received that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
(4) At least once per month and not more than once per week, the city shall send electronic mail notification of all final orders entered pursuant to this article since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to the city code enforcement database located on the city website. The database shall include the following information regarding each final order:
(a) The name of the person charged with a violation;
(b) The physical address of the premises where the violation occurred;
(c) The last known mailing address for the owner of the premises where the violation occurred;
(d) A copy of the full citation;
(e) A copy of the full final order; and
(f) The status of the final order regarding its ability to be appealed pursuant to this article.
(5) If an appeal is filed on a final order pursuant to this article, the city shall send electronic mail notification to all registrants.
(6) Within ten (10) days of the issuance of a final order pursuant to this article, the city shall update its code enforcement database to reflect the issued final order, and shall post the notification required by subsection (E)(4) of this section containing an updated link to the code enforcement database on the city website.
(7) The city shall maintain the records created under this section for ten (10) years following their issuance.
(F) Lien priority.
(a) Correct the violation, if it has not already been abated; or
(b) Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement of the ordinance, including abatement costs.
(2) Nothing in this section shall prohibit the city from taking immediate action if necessary.
(3) The lien provided by this article shall not take precedence over previously recorded liens if:
(a) The city failed to comply with the requirements of § 22.612(E) for notification of the final order; or
(b) A prior lienholder complied with subsection (F)(1) of this section.
(4) A lien that does not take precedence over previously recorded liens under subsection (F)(3) of this section shall, if the final order remains partially unsatisfied, continue to take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
(5) The city may record a lien before the forty-five (45) day period established in subsection (F)(1) of this section expires. If the lien is fully satisfied prior to the expiration of the forty-five (45) day period, the city shall release the lien in the County Clerk’s office where the lien is recorded within fifteen (15) days of satisfaction.
(Ord. 2023-3, passed 5-9-23)
Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the Code Official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the Code Official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that, if such structure or premises is occupied, the Code Official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused or the person having charge or control cannot be located, the Code Official shall utilize the procedures set forth in § 22.616 to obtain an administrative search warrant, unless a lawful exception to the requirement for a warrant exists.
(Ord. 2023-3, passed 5-9-23)
Unless otherwise stated therein, the penalty for violation of any ordinance or code provision enforced by the Board under this article shall be as follows:
(A) The maximum civil fine that may be imposed for each offense if the citation is contested is two thousand dollars ($2,000.00).
(B) If the citation is not contested, civil fines will be imposed according to the following schedule:
(1) For the first offense within a twelve (12) month period, where the violation is remedied within the time period required by the ordinance or for which no remediation is required, there shall be no fine. For the first offense within a twelve (12) month period, where the violation is not remedied within the time period required by the ordinance, the initial fine shall be one hundred dollars ($100.00).
(2) For the second offense within a twelve (12) month period, the initial fine shall be two hundred dollars ($200.00).
(3) For the third offense within a twelve (12) month period, the initial fine shall be three hundred dollars ($300.00).
(4) For the fourth offense within a twelve (12) month period, the initial fine shall be four hundred dollars ($400.00).
(5) For the fifth and subsequent offenses within a twelve (12) month period, the initial fine shall be five hundred dollars ($500.00).
(6) For any offense that continues unremedied beyond the time period by which the ordinance requires the violation to be remedied, an additional fine of three hundred dollars ($300.00) for every seven (7) days, or portion thereof, beyond the remediation date shall be added to the initial fine until the violation is remedied by the responsible person or is abated by the city, or until the total fine reaches one thousand dollars ($1,000.00).
(7) The maximum civil fine that may be imposed for each offense if the citation is not contested is one thousand dollars ($1,000.00).
(C) For any citation that is contested, the civil fines scheduled in this section shall be doubled.
(Ord. 2023-3, passed 5-9-23)
A Building Inspector may order the immediate cessation of any construction or reconstruction work being done in violation of any ordinance or being done on property that is in violation of any ordinance. The stop work order shall be issued in conjunction with or in supplement to a citation for the violation. Work shall not resume until the violation has been remedied and any applicable fees and fines have been paid.
(Ord. 2023-3, passed 5-9-23)
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