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(A) When a hearing has been timely requested, the Code Enforcement Board or its administrative staff shall schedule a hearing.
(B) Not less than seven days before the date of the hearing, the Code Enforcement Board shall notify the requester of the date, time and place of the hearing. This notice may be given by regular first- class mail; certified mail, return receipt requested; personal delivery; or by leaving notice at the 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.
(C) (1) Any person requesting a hearing before the Code Enforcement Board who fails to 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 the Bullitt County District Court.
(2) A copy of the 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 18 years of age or older and who is informed of the contents of the order.
(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 Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. If it determined that no violation was committed, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order may be issued upholding the citation and such order shall be in writing and include the findings and conclusions of the Board. The Board may impose a fine up to the maximum authorized by § 10.99(B) 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 based upon divisions (C) or (E) of this section is issued, the order shall be delivered to the person 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 18 years of age or older and who is informed of the contents of the notice.
(Ord. 018-262, passed 7-9-2018)
Each case before the Code Enforcement Board shall be presented by an attorney selected by the city, by 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 Code Enforcement Board or may present cases before the Code Enforcement Board, but in no case shall he or she serve in both capacities.
(Ord. 018-262, passed 7-9-2018)
(A) An appeal from a final order of a Code Enforcement Board following a hearing conducted pursuant to § 31.22 may be made to the Bullitt County District Court within 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 of the Code Enforcement Board is filed within the time period set in division (A) above, the Code Enforcement Board’s order shall be deemed final for all purposes.
(Ord. 018-262, passed 7-9-2018)
(A) The city shall possess a lien on property owned by the person found by a non-appealable final order as defined in § 31.15, or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
(B) The lien shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at 6% per annum compounded annually from the date of assessment until paid. The lien shall continue for ten years following the date of the non- appealable final order or final court judgment.
(C) Subject to § 31.28, the lien shall take precedence over all other liens, except sate, county, school board and city taxes and may be enforced by judicial proceedings, including a foreclosure action.
(D) In addition to the remedy prescribed in division (A) above, the person found to have committed the violation shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees, and abatement costs incurred by the city in connection with the enforcement of the ordinance, and interest at 6% per annum, compounded annually from the date of assessment. The city may bring civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 018-262, passed 7-9-2018)
The city shall obtain and maintain priority over previously filed liens as provided in § 31.26, in accordance with the following provisions.
(A) Individuals and entities, including, but not limited to lienholders, may register with the city to receive electronic notification of final orders entered pursuant to this subchapter.
(B) In order to receive the notification, the registrant shall submit the following information to the City Clerk:
(1) Name;
(2) Mailing address;
(3) Phone number; and
(4) Electronic mailing address.
(C) A registrant may use the electronic form provided on the city website to submit the information required by division (B). It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The city shall inform a registrant of any evidence it receives that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
(D) Once per month, the city shall send electronic mail notification of all final orders entered pursuant to this subchapter since the last date of notification to each party registered pursuant to this section. The notification shall provide an electronic link to a document, or the city Code Enforcement database, which includes the following information regarding each final order:
(1) The name of the person charged with a violation;
(2) The physical address of the premises where the violation occurred;
(3) The last known mailing address for the owner of the premises where the violation occurred if, in the exercise of reasonable diligence, it is ascertainable;
(4) A copy of the full citation;
(5) A copy of the full final order; and
(6) The status of the final order regarding its ability to be appealed.
(E) If a timely appeal is filed on a final order, the city shall send an update to registrants by electronic mail.
(F) At the same time that it sends the electronic notification required by divisions (D) or (E) above, the city shall post this notification in a conspicuous place upon the city website.
(G) The city shall maintain the records created under this section for ten years following their issuance.
(Ord. 018-262, passed 7-9-2018)
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