(A) (1) Except as otherwise provided in this section, any owner, his or her agent, and/or occupant who violates any provision of this chapter shall be issued a citation and fined for each violation as follows, with the exception of any violation of the Property Maintenance Code, §§ 92.02 and 92.04, in which case fines shall be as prescribed in § 92.20:
OFFENSE FINE
(a) Failure to acquire landlord license (§§ 92.35 - 92.37). A landlord is considered to be violating this chapter if the landlord has any rental unit occupied by a tenant for which a permit has not been acquired or without the landlord having a current license. A first offense is defined as having occurred as of the date the city notifies the landlord that they are in violation.A second offense is defined as having occurred if the landlord is violating this chapter with any rental unit after thirty (30) days have passed from the date of the first offense. Subsequent offenses occur every thirty (30) days if the landlord is still violating this chapter with any rental unit after the date of the second offense.
First offense 150.00
Second offense 300.00
Subsequent offenses 1,000.00
First offense 25.00
Second offense 75.00
Third offense (and every offense thereafter) 100.00
(d) All other nuisances defined in this chapter or as defined under the Kentucky Revised Statutes:
First offense 150.00
Second offense 300.00
Subsequent offenses 1,000.00
(2) Each day in which such violation occurs shall constitute a separate offense. The fines set out above shall be in addition to any cost to remedy a condition or to repair, alter, improve, vacate or close a structure as provided for in this chapter.
(B) (1) If the Housing Inspector determines there to be a violation of either federal, state or local regulations, the landlord’s permit for that unit(s), of if the landlord’s unit or units are subject to repeat violations, their permit or license may be revoked immediately until which time the item(s) are corrected. If the items are not corrected within thirty (30) days, the permit or license shall be revoked specific to the unit or facility that is in violation. If a landlord’s permit or license is revoked, then they shall not be permitted to allow their premises/unit to be occupied by a tenant and utilities shall not be provided to any premise unit. If the unit is occupied, the city shall give notice to the landlord and tenant that the unit has been declared by the city as uninhabitable as the result of violation(s) and that the tenants/occupants must vacate the premises within thirty (30) days and at that time the utilities shall be discontinued to the unit.
(2) The city shall not be permitted to allow a structure or premises to be occupied by a tenant and utilities shall not be provided to any structure or premises or may discontinue utility service for any structure or premise for outstanding and delinquent fines assessed against the structure or premise regardless of the person or persons assessed such fines.
(C) Any person who violates any provision of this chapter may become individually liable to the city or the owner or owners of property affected by violation of this chapter not only for the cost of abatement of the violation as provided for herein, but also for all costs, expenses, attorney fees and/or civil damages incurred by the city or other person affected by the violation of this chapter to enforce the provisions of this chapter for each parcel of real property found in violation for those periods as charged.
(D) (1) Upon conviction for a first offense for violating any provision of §§ 92.50 through 92.55, the court shall impose a fine of seventy-five dollars ($75.00). The minimum fine imposed by this division (D)(1) shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
(2) Upon conviction for a second offense for violating any provision of §§ 92.50 through 92.55, the court shall impose a fine of one hundred fifty dollars ($150.00). The minimum fine imposed by this division (D)(2) shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
(3) Upon conviction for a third or subsequent offense for violating any provision of §§ 92.50 through 92.55, the court shall impose a fine of three hundred dollars ($300.00). The minimum fine imposed by this division (D)(3) shall be mandatory and the court shall not suspend or waive any portion of the minimum fine. Furthermore, the sound amplification system shall be forfeited, pursuant §§ 92.50 through 92.55.
(a) The sound amplification system shall be forfeited and shall be confiscated by order of the Pike District Court (or by the Pike Circuit Court if a civil forfeiture action be filed) upon the conviction of a person for a third violation.
(b) Upon an entry of an order of confiscation, the officer’s designee shall conduct the removal of the sound amplification system. If the officer determines, in the officer’s own discretion, that it is impractical to remove the sound amplification system at the scene of the violation, then the vehicle shall be impounded by the police for the limited purpose of the expedient removal of the sound amplification system.
(E) (1) Any person who violates any provision of §§ 92.65 through 92.72 will be subject to a civil penalty of one hundred twenty-five dollars ($125) as imposed by an Enforcement Officer. A second offense will be subject to a civil penalty of two hundred fifty dollars ($250) as imposed by the Enforcement Officer. A third offense will be subject to a civil penalty of five hundred dollars ($500) as imposed by an Enforcement Officer. Any additional offense beyond the third offense will be subject to a civil penalty of one thousand dollars ($1,000) as imposed by an Enforcement Officer. Each day that a violation continues after separate notice has been served shall be deemed a separate offense. Any person who receives a citation for violating §§ 92.65 through 92.72 may appeal the violation to the Code Enforcement Board.
(2) Any person who violates any provision of § 92.71 related to advertising on a hosting platform shall receive a notice of violation as a warning for a first offense. Any additional offense will be subject to a civil penalty of one hundred twenty-five dollars ($125) as imposed by an Enforcement Officer. Each day that a violation continues after separate notice has been served shall be deemed a separate offense. Any person who receives a citation for violating § 92.71 may appeal the violation to the Code Enforcement Board.
(3) In addition to the penalties provided herein, the Tax Collector is authorized to pursue remedial civil actions for violations of §§ 92.65 through 92.72 by civil complaint or petition for injunctive relief, declaration of rights or other appropriate proceedings filed in the Pike County, Kentucky Circuit Court.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 04-0- , passed - - ; Am. Ord. 05-0-05, passed 4-25-05; Am. Ord. 0-2010-015, passed 9-27-10; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. 0-2012-021, passed 8-27-12; Am. Ord. 0-2015-021, passed 12-28-15; Am. Ord. 0-2016-14, passed 8-8-16; Am. Ord. O-2020-02, passed 3-23-20; Am. Ord. O-2020-15, passed 10-26-20; Am. Ord. O-2022-19, passed 10-24-22)