2013 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.8825 Enforcement proceedings -- Procedure.
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65.8825 Enforcement proceedings -- Procedure.
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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.
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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