2011 Kentucky Revised Statutes CHAPTER 65 GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.8825 Enforcement proceedings -- Procedure.
KY Rev Stat § 65.8825 (1996 through Reg Sess) What's This?
65.8825 Enforcement proceedings -- Procedure.
(1)
(2)
(3)
Enforcement proceedings before a code enforcement board shall be initiated by the
issuance of a citation by a code enforcement officer.
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 local
government ordinance, the officer is authorized to issue a citation by:
(a) Personal service to the alleged violator;
(b) Leaving a copy of the citation with any person eighteen (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
(c) Posting a copy of the citation in a conspicuous place on the premises and
mailing a copy of the citation by regular, first-class mail of the United States
Postal Service to the owner of record of the property if no one is on the
premises at the time the citation is issued.
When authorized by ordinance, a code enforcement officer may, in lieu of
immediately issuing a citation, give notice that a violation shall be remedied within
a specified period of time. If the person to whom the notice is given fails or refuses
to remedy the violation within the time specified, the code enforcement officer is
authorized to issue a citation.
The citation issued by the code enforcement officer shall be in a form prescribed by
the local government and shall contain, in addition to any other information
required by ordinance or rule of the board:
(a) The date and time of issuance;
(b) The name and address of the person to whom the citation is issued;
(c) The date and time the offense was committed;
(d) The facts constituting the offense;
(e) The section of the code or the number of the ordinance violated;
(f) The name of the code enforcement officer;
(g) The civil fine that will be imposed for the violation if the person does not
contest the citation;
(h) The maximum civil fine that may be imposed if the person elects to contest
the citation;
(i) The procedure for the person to follow in order to pay the civil fine or to
contest the citation; and
(j) 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 a violation was committed
shall be final.
(4)
(5)
After issuing a citation to an alleged violator, the code enforcement officer shall
notify the code enforcement board by delivering the citation to the administrative
official designated by ordinance or by the board.
When a citation is issued, the person to whom the citation is issued shall respond to
the citation within seven (7) days of the date the citation is issued by either paying
the civil fine set forth in the citation or requesting, in writing, a hearing before the
code enforcement board to contest the citation. If the person fails to respond to the
citation within seven (7) 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 board shall enter a final order
determining that the violation was committed and imposing the civil fine set forth in
the citation.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 95, sec. 2, effective June 8, 2011. -- Created 1996
Ky. Acts ch. 177, sec. 8, effective July 15, 1996.
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