2013 Kentucky Revised Statutes CHAPTER 100 - PLANNING AND ZONING 100.411 Hearing before planning commission - Waiver of rights to hearing -- Determination of existence of violation -- Criminal order.
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100.411 Hearing before planning commission - Waiver of rights to hearing -Determination of existence of violation -- Criminal order.
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When a hearing before a planning commission has been requested, the
planning commission, through its clerical and administrative staff, shall
schedule a hearing. The hearing shall be conducted within thirty (30) days of
the date of the request, unless the person who requested the hearing requests
or agrees to a continuance not to exceed thirty (30) days. All continuances
must receive the approval of the planning commission. Not less than seven (7)
days before the date set for the hearing, the planning commission 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 before the planning commission 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 planning commission shall enter a
final order determining that the violation was committed and imposing the civil
fine set forth in the citation.
Each case before a planning commission shall be presented by an attorney
who shall be counsel to the commission.
All testimony shall be under oath and shall be recorded. The planning
commission shall take testimony from the land use enforcement officer, the
alleged offender, and any witnesses to the alleged violation offered by the land
use 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.
After the hearing, the planning commission shall determine, based on the
evidence presented, whether a violation was committed. When the commission
determines that no violation was committed, an order dismissing the citation
shall be entered. When the commission determines that a violation has been
committed, the commission 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 the 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 the ordinance.
Every final order of a planning commission shall be reduced to writing, which
shall include the date the order was issued, and 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 planning commission 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:July 15, 1998
History: Created 1998 Ky. Acts ch. 10, sec. 6, effective July 15, 1998.
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