2011 Kentucky Revised Statutes CHAPTER 65 GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.8828 Hearing -- Notice -- Failure to appear -- Procedure -- Final order.
KY Rev Stat § 65.8828 (1996 through Reg Sess) What's This?
65.8828 Hearing -- Notice -- Failure to appear -- Procedure -- Final order.
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When a hearing before the code enforcement board is requested, the code
enforcement board, through its clerical and administrative staff, shall schedule a
hearing. Not less than seven (7) days before the date set for the hearing, the code
enforcement board shall notify the person who requested the hearing of the date,
time, and place of the hearing. The notice may be given by certified mail, return
receipt requested; by personal delivery; or by leaving the notice at the person's usual
place of residence with any individual residing therein who is eighteen (18) years of
age or older and who is informed of the contents of the notice. Any person
requesting a hearing 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 board
shall enter a final order determining that the violation was committed and imposing
the civil fine set forth in the citation.
Each case that is the subject of a hearing may be presented by an attorney selected
by the local government or by a member of the administrative staff of the local
government. An attorney may either be counsel to the code enforcement board or
may represent the local government by presenting cases at the hearing, but in no
case shall an attorney serve in both capacities.
All testimony shall be under oath and shall be recorded. The code enforcement
board or assigned hearing officer shall take testimony from the code enforcement
officer, the alleged offender, and any witnesses to the alleged violation offered by
the code enforcement officer or the alleged offender. Formal rules of evidence shall
not apply, but fundamental due process shall be observed and shall govern the
proceedings.
If a code enforcement board conducts the hearing, or upon the receipt of
recommendations of a hearing officer pursuant to this subsection, then the code
enforcement board shall determine, based on the evidence presented, whether a
violation was committed. If a hearing officer conducts the hearing, the hearing
officer shall make written findings of fact, conclusions of law, and a recommended
order for consideration by the board. When the board determines that no violation
was committed, an order dismissing the citation shall be entered. When the board
determines that a violation has been committed, the board shall issue an order
upholding the citation and may order the offender to pay a civil fine in an amount
up to the maximum authorized by ordinance, or may order the offender to remedy a
continuing violation within a specified time to avoid the imposition of a fine, or
both, as authorized by ordinance.
Every final order of a code enforcement board shall be reduced to writing, which
shall include the findings and conclusions of the board, and the date the order was
issued. A copy of the order shall be furnished to the person named in the citation. If
the person named in the citation is not present at the time a final order of the board
is issued, the order shall be delivered to that person by certified mail, return receipt
requested; by 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 eighteen (18)
years of age or older and who is informed of the contents of the order.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 95, sec. 3, effective June 8, 2011. -- Amended
1998 Ky. Acts ch. 364, sec. 4, effective July 15, 1998. -- Created 1996 Ky. Acts
ch. 177, sec. 9, effective July 15, 1996.
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