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The following sections and subsections of this Code are hereby revised as stated below.
Section 101.1. Title. “City of Union, Kentucky”.
Section 102.3. Application of other codes. This subsection is replaced as follows: “Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the Kentucky Building Code, Kentucky Residential Code, Kentucky Plumbing Code, Kentucky Mechanical Code, Kentucky Standards of Safety, National Fire Code, and the National Electric Code, as well as any other codes adopted by the Commonwealth of Kentucky now and in the future. Nothing in this Code shall be construed to cancel, modify, or set aside any provision of the Zoning Ordinance of the City of Union, Kentucky. ”
Section 103.1 General. This subsection is replaced as follows: “The Boone County Code Enforcement Department shall be responsible for the enforcement of the Property Maintenance Code. The Code Enforcement Department Director, if any, the City Administrative Officer/City Administrator, and the Code Enforcement Officer(s) shall be known as ‘code officials’ or ‘Code Enforcement Officer’ under this Code."
Section 103.2. Appointment. This subsection is not adopted.
Section 103.3. Deputies. This subsection is not adopted.
Section 103.5. Fees. Insert “See Schedule of City of Union Fees attached to this Code.”
Section 106. Violations. This heading is replaced with the following heading: “Section 106. Violations of city property maintenance code.”
Section 106.2. Notice of violation. The heading of this subsection and the subsection itself are replaced as follows: “Section 106.2. Violations of the property maintenance code; notice of violation; citations; appeals; penalties; and liens.
(A) Enforcement proceedings shall only be initiated by a Code Enforcement Officer of the city, or other authorized City of Union employee (collectively herein ‘Code Enforcement Officer’).
(B) Nothing in this subchapter shall prohibit the city from taking immediate action to remedy a violation of its ordinances or codes when there is reason to believe that the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(C) Except as provided in division (B), when a Code Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of a city ordinance or a code provision, the Code Enforcement Officer may issue a warning in the form of a door-hanger notice. If this is a repeat violation of the same or similar ordinance or code provision within one year of a previous warning or notice of violation, the Code Enforcement Officer shall immediately proceed to division (D) hereof. The notices required by this section shall be in plain language and shall:
(1) Be in writing;
(2) Be in duplicate;
(3) Contain the date, time and place (description of real estate sufficient for its identification) the violation was observed;
(4) State the ordinance number and reason(s) why the notice is being issued;
(5) If the notice is given in the form of a door-hanger notice, it shall include a correction order requiring correction of any violations within seven days from posting of the notice, and shall provide a telephone number and address where the recipient can contact the Code Enforcement Officer to request a reasonable extension of time for abatement of the violations, which shall not be unreasonably withheld. Only national holidays and Sundays shall not be included in the calculation of seven days. A duplicate copy of a door hanger notice shall be provided to the City Clerk’s office.
(D) If the property owner where a door-hanger notice is issued fails or refuses to remedy the offense or violation within the time specified, or as extended, or this is a repeat of the same offense or violation within a one-year period, the Code Enforcement Officer shall issue a notice of violation. The notice shall be sent to the property owner by certified first-class mail at the last known address of the person, and a copy of the notice of violation shall be delivered to the City Clerk and to the Code Enforcement Board. A notice of violation required by this section shall be in plain language and shall:
(1) Be in writing;
(2) Contain the date and time of issuance;
(3) Contain the name and address of the person to whom the notice is issued;
(4) Contain the date and time the violation was committed;
(5) Contain the dates of previous notifications regarding the current ordinance or code violation (e.g., door-hanger notice, notice of violation or citation);
(6) State the facts constituting the violations;
(7) State the ordinance number of the ordinance or code violated;
(8) Include a correction order requiring correction of all violations within seven days from the mailing of the certified mail notice; and shall provide a telephone number and address where the recipient can contact the Code Enforcement Officer to request a reasonable extension of time for abatement of the violations, which shall not be unreasonably withheld. Only national holidays and Sundays shall not be included in the calculation of seven days.
(9) State the name of the Code Enforcement Officer;
(10) State the fees and maximum civil fine that may be imposed for the violation if the property owner does not correct the violation within seven days or contest the notice;
(11) State the procedure for the property owner to follow to provide notification that the violation has been abated.
(E) If the property owner to whom a notice of violation is issued fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer shall issue a citation to the offending property owner by certified first-class mail at the last known address of the property owner. The citation required by this section shall be in plain language and shall:
(1) Be in writing;
(2) Contain the date and time of issuance;
(3) Contain the name and address of the person to whom the citation is issued;
(4) Contain the date and time the violation was committed or discovered;
(5) Contain the dates and times of any previous notification about this violation;
(6) State the facts constituting the violations;
(7) State the ordinance number and text of the ordinance or code violated;
(8) State the name of the Code Enforcement Officer;
(9) State the procedure for the property owner to follow to provide notification the violation(s) has been abated.
(10) State the fees and maximum civil fine that will be imposed if the property owner fails to contest the citation.
(11) State the procedure the property owner shall follow to pay the civil fine, or shall follow to contest the citation before the Code Enforcement Board. If a property owner fails to respond to the citation within seven business days, the person 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 considered final. In this event, the Code Enforcement Board shall enter a final order determining that the violation was committed and imposing the civil fine set forth in the citation. A copy of the final order shall be served on the property owner found in violation of the city code or ordinance.
(12) Contain a statement that if the property owner 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 the determination that a violation was committed shall be final.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall deliver a duplicate copy thereof to the Code Enforcement Board and to the City Clerk’s Office.
(G) When a citation is issued, the property owner to whom the citation is issued shall respond to the citation within seven days of the date the citation was issued. Only national holidays and Sundays shall not be included in the calculation of seven days. If the property owner elects to pay the fine, the property owner shall provide a copy of the citation and payment in full by cash or check to the City Clerk, 1843 Mt. Zion Road, Union, KY 41091, within the required seven days.
If the property owner contests the citation, the property owner shall provide written request for a hearing and payment of any hearing fees to the Union City Clerk, 1843 Mt. Zion Road, Union, KY 41091, along with a copy of the citation, within the required seven days. The written request shall include the property owner's name, mailing address of the primary residence of the property owner, and telephone number.
(H) If the alleged violator does not contest the citation within the time prescribed, the Code Enforcement Board shall enter a final order determining that the violation was committed and shall impose the appropriate civil fine set forth for such violation. A copy of the final order shall be served on the person found in violation of a city code or ordinance.
HEARING; NOTICE AND FINAL ORDER.
(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing. The hearing shall be conducted at the next regularly prescribed time for the Board to meet or the subsequent meeting date. The person requesting the hearing shall pay a $30 hearing fee prior to submitting the hearing request.
(B) The person requesting a hearing shall be notified of the hearing time and date via first-class mail or via hand delivery at the address provided in the request for the hearing.
(C) Failure to appear at the hearing may result in a default against the person requesting the hearing.
(D) All testimony shall be taken under oath. Formal rules of evidence do not apply. The Board shall receive only relevant and material evidence. All evidence received shall be give such weight as the Board deems it is entitled after consideration of any objections that may be made. The Board shall receive such evidence that a reasonable mind might accept as adequate to support a conclusion.
(E) The hearing shall be recorded. A request for a copy of the recording of the hearing must be made in writing. The requesting party must pay a reasonable fee for the recording as determined by the City Clerk's Office. The Board has no obligation to preserve recordings beyond 30 days of the hearing date.
(F) The Code Enforcement Board shall, based on the evidence, determine whether a violation has occurred. If it is determined that no violation has occurred, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order shall be issued upholding the citation imposing the appropriate fine and/or remedy for the violation.
(G) Every final order of the Code Enforcement Board shall be reduced to writing and include the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered to the violator at the address indicated in the request for a hearing.
(A) An appeal from any final order of the Code Enforcement Board may be made to the Boone 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 Code Enforcement Board’s 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 forth in division (A) above, the Code Enforcement Board’s order shall be deemed final.
CIVIL FINE SCHEDULE/ PENALTIES.
Violations of ordinances that are enforced by the city Code Enforcement Officer and Board shall be subject to the following schedule of civil fines:
(A) If a citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this subsection and in accordance with the citation issued shall apply.
(B) Any person, firm, or corporation who violates any provision of this code shall be subject to a civil fine of not less than $100 per day per violation, but not more than $500 per day per violation, or the cost to the city to abate the violation, or both. Each date that a violation of this code continues after due notice has been served in accordance with the terms of this code shall be deemed a separate offense to a maximum of $10,000 per citation.
(C) As an additional alternative remedy to the above penalty, any violator who violates any provision of the city nuisance code and has been previously issued two or more citations of violations of the nuisance code relating to the same property within a 12-month period may be assessed additional civil penalties of $500 per day per violation to a maximum of $20,000 per citation.
(D) The city shall possess a lien on property for all fines, penalties, charges, attorney's fees, and other reasonable costs associated with enforcing this code and placing of a lien on a parcel of real property pursuant to this code. The lien shall be superior to and have priority over all other liens filed, except state, county, school board, and city taxes.
(E) Each section of a code or ordinance violated shall be considered a separate finable offense. If two or more sections of a code or ordinance are violated, the fines shall be cumulative and be enforced under the same citation.
(F) The Code Enforcement Board is hereby authorized and directed to determine within the by-laws and rules of procedure a civil penalty schedule within the civil penalty ranges shown above.
LIENS, FINES, CHARGES AND FEES.
(A) The city shall, pursuant to KRS 65.8835 and/or other authority, possess a lien on property owned by the person found, by a final, non-appealable order of the Code Enforcement Board, or by a final judgment of a court of law if the Board’s decision has been appealed, to have committed a violation, for all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement.
(B) The lien shall be recorded in the office of the Boone County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate until paid.
(C) The lien shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings.
In addition to the imposition of a lien, the city may institute other civil action and seek an injunction or monetary damages to enforce its ordinances and collect the debts arising from the fines imposed by the Code Enforcement Board.”
Section 106.3. Prosecution of violation. This section is amended as follows: “Any person failing to comply with a notice of violation or order served in accordance with Section 106.2 shall be deemed to have violated a City of Union Ordinance, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official may institute the appropriate proceeding at law, in equity or administratively, to restrain, correct or abate such violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.”
Section 106.4. Violation penalties. This section is not adopted.
Section 107.1. Notice to person responsible. This section is not adopted.
Section 107.2. Form. This section is not adopted.
Section 107.3. Method of service. This section is not adopted.
Section 111. Means of appeal. This entire section is not adopted.
(Ord. 2013-001, passed 7-9-13)