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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)
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)
(A) The Board shall annually elect a Chair from among its members. The Chairperson 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 third Tuesday of each month at 5:30 p.m. and at such other times and dates as a majority of the Board may direct. Meetings other than those regularly scheduled shall be special meetings or emergency meetings. Meetings shall not conflict with regular meetings of the Shepherdsville City Council.
(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, being KRS 61.805 to 61.850.
(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 and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(Ord. 018-262, passed 7-9-2018)
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 and shall 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 quorum.
(Ord. 018-262, passed 7-9-2018)
The following requirements shall govern all enforcement proceedings before the Board.
(A) Enforcement proceedings before the Code Enforcement Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Except when immediate action is necessary pursuant to § 31.29, 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 shall issue a notice of violation to the offender allowing the alleged violator a specified period of time to remedy the violation without incurring a fine. The Code Enforcement Officer shall issue a citation by one of the following methods:
(1) Personal service to the alleged violator; or
(2) Leaving a copy of the citation with any person 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) Mailing a copy of the notice by regular first-class mail to the last known recorded address
of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a notice using the methods set out in paragraphs (1) to (3) of this division is not possible, then the notice is properly served by posting a copy of the notice in a conspicuous place on the premises.
(C) The notice shall contain the following information:
(1) The date and time of the notice;
(2) The name and address of the person to whom the notice 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) A correction order allowing a reasonable time to make the repairs and improvements required to bring the premises into compliance with the section of the code or the ordinance violated.
(D) If the alleged violator fails to remedy the violations within the specified time, the Code Enforcement Officer is authorized to issue a citation. The Code Enforcement Officer shall issue a citation by one of the following methods:
(1) Personal service to the alleged violator; or
(2) Leaving a copy of the citation with any person 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) Mailing a copy of the citation by regular first-class mail to the last known recorded address of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in paragraphs (1) to (3) of this division is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(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 will be imposed for the violation, including, if applicable:
(a) The civil fine that will be imposed if the person does not contest the citation; and
(b) The maximum civil fine that may be imposed if the person elects to contest the citation;
(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 to contest the citation and that the determination that the violation was committed shall be final, 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 City Clerk.
(G) If the person fails to pay the civil fine set forth in the citation, or request, in writing, a hearing to contest the citation within seven days of the date the citation is issued, the person shall have waived the right to a hearing before the Code Enforcement Board to contest the citation, the determination that the violation was committed shall be final, the citation as issued shall be a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the person shall have waived the right to appeal the final order to District Court.
(H) 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 a copy of the order at that person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. A copy of the original citation shall serve as the final order.
(Ord. 018-262, passed 7-9-2018; Ord. 019-294, passed 6-24-2019; Ord. 023-014, passed 4-10-2023)
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