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(A) The Code Enforcement Board shall annually elect a Chair from among its members. The Chair shall be the Presiding Officer and a full voting member of the Board. In the absence of the Chair, the remaining members of the Board shall select a member to preside in place of and exercise the powers of the Chair.
(B) Regular meetings of the Code Enforcement Board shall be held on the first Monday of every odd number month. Meetings other than those regularly scheduled shall be special meetings or emergency meetings held in accordance with the requirements of the Kentucky Open Meetings Act.
(C) All meetings and hearings of the Code Enforcement Board shall be public meetings held in accordance with the requirements of KRS 65.8815(5) and the Kentucky Open Meetings Act.
(D) The presence of at least a majority of the Board’s entire membership shall constitute a quorum. The affirmative vote of a majority of a quorum of the Board shall be necessary for any official action to be taken.
(E) Minutes shall be kept for all proceedings of the Code Enforcement Board by the City Clerk or other person designated by the Clerks and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(F) Any member of the Code Enforcement Board who has any direct or indirect financial or personal interest in any matter to be decided shall disclose the nature of the interest, disqualify himself or herself from voting on the matter in which he or she has an interest, and shall not be counted for purposes of establishing a quorum.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
The City of Pikeville Code Enforcement Board shall have the following powers and duties:
(A) To adopt rules and regulations to govern its operations and the conduct of its hearings consistent with this chapter.
(B) To conduct hearings to determine if there has been a violation of an ordinance over which it has jurisdiction.
(C) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Code Enforcement Board may be served by any Code Enforcement Officer.
(D) To take testimony under oath. The Chairman shall have the authority to administer oaths for the purpose of taking testimony.
(E) To make findings of fact and issue orders necessary to remedy any violation of a city ordinance or code provision which the Board is authorized to enforce.
(F) To impose civil fines, cost and expense as authorized, on any person found to have violated an ordinance over which the Board has jurisdiction.
(G) To assign a Hearing Officer to conduct hearings in accordance with § 92.15.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
(A) Eligibility.
(1) The Code Enforcement Board may assign any of its members, including the Chair, to be a Hearing Officer.
(2) The Board may assign an individual who is not a member of the Board to be a Hearing Officer as long as the individual does not hold any elected or appointed office or position of employment with the city. A Hearing Officer may be compensated by the city with the approval of the Commission for his or her duties.
(B) Experience and training. A person assigned to be a Hearing Officer by the Code Enforcement Board shall have experience or shall have received training in the code enforcement process and basic procedural due process. At a minimum, the experience or training shall include 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.
(C) Hearing powers and procedures.
(1) An assigned Hearing Officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence.
(2) Any hearing conducted by a Hearing Officer shall conform to the procedural requirements in § 92.17.
(D) Final order.
(1) Following a hearing, the assigned Hearing Officer shall make written findings of facts and conclusions of law, and enter a final order in accordance with § 92.17(E).
(2) Within twenty-four (24) hours of entry, these findings, conclusions, and final order shall be forwarded to the alleged violator, and to the Code Enforcement Board. The findings, conclusions, and recommended order may be delivered to the alleged violator by regular first-class mail; certified mail, return receipt requested; 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 delivery. The person personally delivering the findings, conclusions and recommended order to the violator shall record the date and time of personal delivery, the individual upon whom delivery was made and a statement that the individual was informed of the contents of the delivery.
(E) Appeal from final order.
(1) An alleged violator may appeal a final order issued by a Hearing Officer to the Code Enforcement Board.
(2) The appeal shall be filed in writing to the Code Enforcement Board within seven (7) days of receipt of the final order as reflected on the returned certified mail card or the date of personal delivery as noted by the delivery person. Failure to file an appeal within seven (7) days shall render the order final for all purposes. If the appeal is mailed, the appeal must be properly addressed and postmarked by the post office or other publicly recognized delivery service on or before the deadline.
(3) An alleged violator shall exhaust the administrative remedy of appeal to the Code Enforcement Board before pursuing an appeal to District Court in accordance with § 92.19.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
The following requirements shall govern all enforcement proceedings before the Code Enforcement Board or Hearing Officer:
(A) Enforcement proceedings shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Except when immediate action is necessary pursuant to § 92.24(A) or to the extent modified in § 92.24(B) Commercial Premise Nuisances, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance, he or she may issue a notice of violation allowing the alleged violator seven (7) days to remedy the violation without incurring a fine. If the alleged violator fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation for the first offense. If the violation is not remedied within seven (7) days of the citation for the first offense the Code Enforcement Officer shall issue a citation for second offense. If the violation is not remedied within three (3) days of the issue of the second offense the Code Enforcement Officer may issue a citation for each day thereafter that the violation remains. All fines shall be as prescribed in § 92.20.
(C) If the Code Enforcement Officer believes that there are genuine extenuating circumstances that will require more time to remedy the violation then he or she may complete a plan of action with the property owner to describe what action must be taken to remedy the violation and the date by which it shall be completed by the property owner. During the time period that the plan of action is in place, all fines and fees shall continue to be assessed and accrue. If the property owner defaults on the plan of action, in part or in whole, then all fines and fees assessed up to the time of default and any additional fines and fees assessed shall become due immediately upon default. If the property owner follows the plan of action and remedies the violation in accordance with the terms of the plan, then the fines shall be reduced, upon remedy of the violation, to the amount of fines and fees due at the time when the plan of action was begun. Any plan of action must be approved by the City Manager or designee and the property owner. The property owner’s signature will be considered acceptance of the terms and provisions provided for in the plan.
(D) The Code Enforcement Officer shall issue the citation by one (1) of the following methods:
(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 to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(E) The citation issued by the Code Enforcement Officer shall contain the following information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The physical address of the premises where the violation occurred;
(4) The date and time 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) The civil fine that may be imposed for the violation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation within the time allowed: 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; the determination that the violation was committed shall be final; the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation; and the person shall be deemed to have waived the right to appeal the final order to District Court.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the Code Enforcement Board Clerk.
(G) (1) The person to whom the citation is issued shall respond to the citation within seven (7) days of the date of issuance by either paying the civil fine or requesting, in writing, to the City Clerk at the address maintained for City Hall, a hearing to contest the citation. If the request for a hearing to contest a citation is mailed to the City Clerk, the request must be postmarked by the United States Post Office or other publicly recognized delivery service on or before the deadline. The request for a hearing shall provide the requester’s true and accurate mailing address and telephone number. 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 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 as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to District Court.
(2) Notice of the final order shall be delivered to the cited violator by regular first-class mail; certified mail, return receipt requested; 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 delivery.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17; Am. Ord. 0-2018-03, passed 3-12-18)
(A) When a hearing has been requested, the Code Enforcement Board or its administrative staff shall schedule a hearing before the Hearing Officer.
(B) Not less than seven (7) days before the date of the hearing, the Code Enforcement Board 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; 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.
(C) (1) Any person requesting a hearing who fails to timely 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 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.
(2) Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; 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.
(D) All testimony at the hearing shall be taken under oath and recorded. Testimony shall be taken 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) The Hearing Officer shall, based on the evidence, determine whether a violation was committed. If it is determined that no violation was committed, an order dismissing the citation shall be entered. If it is determined that a violation was committed, an order may be issued upholding the citation. The Hearing Officer may impose a fine up to the maximum authorized by ordinance, impose cost incurred by the city remediating any violation if provided for by ordinance or require the offender to remedy a continuing violation to avoid a fine, or both.
(F) (1) Every final order following a hearing shall be reduced to writing, which shall include the findings and conclusions reached and the date the order was issued. A copy shall be furnished to the person named in the citation.
(2) If the person named in the citation is not present when the final order is issued, the order shall be delivered by regular first-class mail; certified mail, return receipt requested; 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.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
Each case before the Hearing Officer shall be presented by an attorney selected by the city, a Code Enforcement Officer for the city, or by a member of the city's administrative staff. The City Attorney may either be counsel to the Hearing Officer, or may present cases before the Hearing Officer, but shall in no case serve in both capacities.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
(A) An appeal from a final order of the Hearing Officer following a hearing conducted pursuant to § 92.17(E) may be made to the Pike District Court within thirty (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 final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
(B) If no appeal from a final order following a hearing is filed within the time period set in division (A), the order shall be deemed final for all purposes.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17)
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