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§ 92.10 CREATION AND PURPOSE; AUTHORITY; MEMBERSHIP.
   (A)   Pursuant to KRS 65.8801 to 65.8839 the City of Pikeville Code Enforcement Board is established to protect, promote, and improve the health, safety, and welfare of the citizens residing within the city.
   (B)   The City of Pikeville Code Enforcement Board shall have the authority to issue remedial orders and impose fines as a method of enforcing city ordinances when a violation of the ordinance has been classified as a civil offense; the Board shall not have the authority to enforce any ordinance regulating conduct which would also, under any provision of the Kentucky Revised Statutes, constitute a criminal offense or a moving motor vehicle offense.
   (C)   The Board shall be composed of three members, all of whom shall be residents of the city for a period of at least one (1) year prior to the creation of the Board and shall reside in the city throughout their term in office.
(Ord. 0-2016-14, passed 8-22-16)
§ 92.11 DEFINITIONS.
   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   ABATEMENT COSTS. A city’s 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 city ordinance.
   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 city police officer, safety officer, fire chief, Environmental Codes Officer, City Manager or any other such person designated by the City Manager. The CODE ENFORCEMENT OFFICER may seek the assistance and/or advice of any architect, engineer, contractor, building inspector or any other qualified person(s) as he or she may need in order to make a determination of the existence of a violation.
   FINAL ORDER. Any order:
      (1)   Issued by the Code Enforcement Board in accordance with § 92.15(D)(1);
      (2)   Created because a violator neither paid nor contested the citation within seven (7) days as provided in § 92.16(F); or
      (3)   Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in § 92.17(C).
   IMMINENT DANGER. A condition which is likely to cause serious or life-threatening injury or death at any time.
   ORDINANCE. An official action of a local government body, 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 city legislative body which embodies all or part of an ordinance.
   OWNER. A person, association, corporation, partnership or other legal entity having a legal or equitable title in real property.
   PREMISES. A lot, plot or parcel of land, including any structures upon it.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
§ 92.12 APPOINTMENT OF OFFICERS; TERM OF OFFICE; REMOVAL FROM OFFICE; OATH; COMPENSATION.
   (A)   Members of the Code Enforcement Board shall be appointed by the Mayor, subject to the approval of the Commission.
   (B)   The initial appointment to the Code Enforcement Board shall be as follows:
      (1)   One-third (1/3) of the membership or one-third (1/3) of the membership and one (1) member of the Board shall be appointed for a term of one (1) year;
      (2)   One-third (1/3) of the membership or one-third (1/3) of the membership and one (1) member of the Board shall be appointed for a term of two (2) years; and
      (3)   One-third (1/3) of the membership or one-third (1/3) of the membership and one (1) member of the Board shall be appointed for a term of three (3) years.
   (C)   All subsequent appointments shall be for a term of three (3) years. A member may be reappointed, subject to the approval of the Commission.
   (D)   The Mayor may appoint, subject to the approval of the Commission, two (2) alternate members to serve on the Code Enforcement 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 Code Enforcement Board.
   (E)   Any vacancy on the Board shall be filled by the Mayor, subject to approval of the Commission, within sixty (60) days of the vacancy. If the vacancy is not filled within that time period, the remaining Code Enforcement Board members shall fill the vacancy. A vacancy shall be filled for the remainder of the unexpired term.
   (F)   A Board member may be removed from office by the Mayor for misconduct, inefficiency, or willful neglect of duty including failure to attend meetings of the Board. If a member misses three (3) consecutive meetings without prior excuse by the City Manager, they are automatically removed from the Board but may be reinstated by the Mayor within thirty (30) days of their automatic removal. Except in the case of an automatic removal, the Mayor shall submit a written statement to the member and the Commission 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 Code Enforcement Board shall, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.
   (H)   No member of the Code Enforcement Board shall hold any elected or non-elected office, paid or unpaid, or any position of employment with the city.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
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