Violation of ordinances that are enforced by the Board shall be subject to the following schedule of civil fines.
(A) If the first and second citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this division (A) shall apply with said penalty being imposed for each and every day during which said violation continues. For any third or subsequent citation issued for the same violation, the penalty must be established at a hearing of the Board.
Violation | Penalty (1st and 2nd Citation) |
Violation | Penalty (1st and 2nd Citation) |
Fire Prevention Code Violations | $50 |
Life Safety Code Violations | $50 |
Nuisance | $50 |
Occupational License | $50 |
Other | $50 |
Parking | $50 |
Property Maintenance Code | $50 |
Zoning | $50 |
(B) If a citation is contested or a hearing before the Board is required, the following penalties may be imposed at the discretion of the Board for each and every day said violation continues; however, the Board may waive all or any portion of a penalty if it determines such waiver will promote compliance with the ordinance in issue.
Violation | 1st Offense | 2nd Offense | All Others |
Violation | 1st Offense | 2nd Offense | All Others |
Fire Prevention Code Violations | $50-$1,000 | $100-$1,500 | $200-$2,000 |
Life Safety Code Violations | $50-$1,000 | $100-$1,500 | $200-$2,000 |
Nuisance | $25-$500 | $50-$1,000 | $75-$2,000 |
Occupational License | $50-$1,000 | $500-$1,000 | $200-$2,000 |
Other | $25-$500 | $50-$1,000 | $75-$2,000 |
Parking | $30-$100 | $50-$200 | $75-$500 |
Property Maintenance Code | $25-$500 | $50-$1,000 | $75-$2,000 |
Zoning | $25-$500 | $50-$1,000 | $75-$2,000 |
(C) The city shall possess a lien on property owned by the person found by a non-appealable final order, 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 and attorney’s fees. 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.
(D) 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 until paid. The lien shall continue for ten years following the date of the non-appealable final order or final court judgment.
(E) The lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.
(F) 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 all civil fines assessed for the violation and for all charges, fees, attorney’s fees, and abatement costs incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 16-1101, passed 12-1-2016)