Download as PDF
82.715 Notice of violation -- Liability of property owner -- Appeal.
(1)
(2)
(3)
(4)
(5)
Any person who violates the nuisance code shall be cited for the violation and
shall receive notice of the violation. The form of the notice shall be designed by
the local government in a manner reasonably calculated to inform the person of
the nature of the violation, the penalties for violation, the procedure to be
followed by him to respond to the notice, and that the determination shall be
final unless contested pursuant to the hearing procedures provided under KRS
82.710.
The notice of violation shall represent a determination that a violation has been
committed, and that determination shall be final unless contested.
The owner of the property at the time the violation occurred shall be liable for
all fines, fees, abatement costs, and penalties assessed for the violation.
An appeal from the hearing board's determination may be made to the District
Court of the county in which the city is located within thirty (30) days of the
board's determination. The appeal shall be initiated by the filing of a complaint
and a copy of the board's order in the same manner as any civil action under
the Rules of Civil Procedure. The action shall be tried de novo and the burden
shall be upon the local government to establish that a violation occurred. If the
court finds that a violation occurred, the owner shall be ordered to pay to the
local government all fines, fees, and penalties occurring as of the date of the
judgment. If the court finds a violation did not occur, the local government shall
be ordered to dismiss the notice and the plaintiff shall be authorized to recover
his costs.
A judgment of the District Court may be appealed to the Circuit Court in
accordance with the Rules of Civil Procedure.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 95, sec. 7, effective June 8, 2011. -- Created
1992 Ky. Acts ch. 349, sec. 4, effective July 14, 1992.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.