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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)
(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)
(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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