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§ 31.02 JOINT BOARD OF ADJUSTMENT.
   (A)   A Board of Adjustment, to be known as the county’s Board of Zoning Adjustment, has been established and is hereby established and ratified.
   (B)   The Board shall be composed of seven members which shall include:
      (1)   Three members not residents of any incorporated city in the county, each appointed by the County Judge, subject to the approval of the county’s Fiscal Court;
      (2)   One member who is a resident of the City of Lebanon Junction, appointed by the Mayor of Lebanon Junction, subject to the approval of the City Council of Lebanon Junction;
      (3)   One member who is a resident of the City of Mt. Washington, appointed by the Mayor of Mt. Washington, subject to the approval of the City Council of Mt. Washington;
      (4)   One member who is a resident of Shepherdsville, appointed by the Mayor of Shepherdsville, subject to the approval of the City Council of Shepherdsville; and
      (5)   One member who is a resident of the City of Hillview, appointed by the Mayor of Hillview, subject to the approval of the City Council of Hillview.
   (C)   The term of office of all Board members shall be four years and shall expire on December 31 of the last year of the term. Board members shall serve until their successors are appointed and qualified. The term of office of Board members first appointed under this section shall be staggered as follows:
      (1)   One-year term. Board member of the City of Lebanon Junction;
      (2)   One-year term. Board member of the City of Hillview;
      (3)   Two-year term. Board member of the City of Mt. Washington;
      (4)   Three-year term. Board member of the City of Shepherdsville; and
      (5)   Four-year term. Two Board members of the county who do not reside in the city limits.
   (D)   (1)   All Board members shall be reimbursed for any necessary expenses and shall be approved and paid by the county’s Fiscal Court.
      (2)   Board members shall receive compensation for each Board or public meeting attended of not less than $25 with such compensation to be fixed and paid by the county’s Fiscal Court. No Board member shall be paid for attending more than 40 meetings during any fiscal year of the Board, without prior approval of the county’s Fiscal Court.
   (E)   All other details which are necessary for the establishment, operation and administration of the Board of Zoning Adjustment shall be as provided by law.
(1991 Code, § 2-81) (Ord. 980-53, passed 8-14-1980)
CODE ENFORCEMENT BOARD
§ 31.15 DEFINITIONS.
   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ABATEMENT COSTS. The city’s necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or the 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, being KRS 65.8801 to 65.8839.
   CODE ENFORCEMENT OFFICER. A city police officer, safety officer, Code Enforcement Officer, or other public law enforcement officer with the authority to issue a citation.
   FINAL ORDER. Any order:
      (1)   Issued by the Code Enforcement Board following a hearing in accordance with § 31.22(E);
      (2)   Created because a violator neither paid nor contested the citation within seven days as provided in § 31.21(G); or
      (3)   Created because a violator failed to appear at a hearing the violator requested to contest the citation as provided in § 31.22(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 the city, 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 Council 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. 018-262, passed 7-9-2018)
§ 31.16 CREATION AND MEMBERSHIP.
   There is hereby created within the city, pursuant to KRS 65.8801 to KRS 65.8839, a Code Enforcement Board which shall be composed of three members, all of whom shall be at least 21 years of age and a resident of the city for a period of at least one year prior to their appointment and shall reside there throughout the term of the office.
(Ord. 018-262, passed 7-9-2018)
§ 31.17 POWERS.
   (A)   (1)   The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a method enforcing city ordinances when a violation of the ordinance has been classified as a civil offense by its express terms.
      (2)   The Code Enforcement 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.
   (B)   The city’s Code Enforcement Board shall have the following powers and duties:
      (1)   To adopt rules and regulations to govern its operations and the conduct of its hearings consistent with this subchapter;
      (2)   To conduct hearings to determine if there has been a violation of an ordinance over which it has jurisdiction;
      (3)   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;
      (4)   To take testimony under oath. The Chairperson shall have the authority to administer oaths for the purpose of taking testimony;
      (5)   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; and
      (6)   To impose civil fines, as authorized, on any person found to have violated an ordinance over which the Board has jurisdiction.
(Ord. 018-262, passed 7-9-2018)
§ 31.18 APPOINTMENT OF MEMBERS; TERMS 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 City Council.
   (B)   The initial appointment to the Code Enforcement Board shall be as follows:
      (1)   One member appointed to a one-year term;
      (2)   One member appointed to a two-year term; and
      (3)   One member appointed to a three-year term.
   (C)   All subsequent appointments shall be for a term of three years. A member may be reappointed, subject to the approval of the City Council.
   (D)   The Mayor may appoint, subject to the approval of the legislative body, two 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. One of the alternate members shall be appointed for an initial term of two years and one shall be appointed for an initial term of three years. Thereafter, appointments of alternate members shall be for three years.
   (E)   Any vacancy on the Board shall be filled by the Mayor, subject to approval of the City Council, within 60 days of the vacancy. If the vacancy is not filled within that time period, the remaining Code Board members shall fill the vacancy. A vacancy shall be filled for the remainder of the unexpired term.
   (F)   A Code Board member may be removed from office by the Mayor for misconduct, inefficiency or willful neglect of duty. A Board member who is absent for three or more consecutive meetings and/or hearings without good cause shall be deemed to have abandoned his or her position and the position shall be deemed vacant. The Mayor shall submit a written statement to the member and the City Council setting forth the reasons for removal. The member so removed shall have the right of appeal to the Circuit Court by filing a civil action in the Bullitt County Circuit Court but must do so within 30 days of his or her removal.
   (G)   All members of the Code Enforcement Board shall, before entering upon the duties of their office, take the oath of office prescribed by § 228 of the Kentucky Constitution.
   (H)   Members of the Code Enforcement Board shall be reimbursed for actual expenses and compensated in the amount of $50 per meeting.
   (I)   No member of the Code Enforcement Board may hold any other elected or appointed office, paid or unpaid, or any position of employment with the city.
(Ord. 018-262, passed 7-9-2018)
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