[Adopted 12-7-2021 by Ord. No. 21-13]
As used in this article, the following terms shall have the
meanings indicated:
The necessary and reasonable costs expended by Henderson
County for and associated with clearing, preventing unauthorized entry
to, or demolishing all or a portion of a structure or premises, or
taking any other action with regard to a structure or premises necessary
to remedy a violation and to maintain and preserve the public health,
safety, and welfare in accordance with any Henderson County ordinance.
The Henderson County Codes Administrator.
Henderson County.
Any order:
Issued by the Code Enforcement Board in accordance with KRS
65.8828(4) or (6);
Created because a violator neither paid nor contested the citation
within seven days as provided in KRS 65.8825(6);
Created because of a failure of a violator to appear at a hearing
the violator requested to contest the citation as provided in KRS
65.8828(1).
The Henderson County Fiscal Court.
A condition which is likely to cause serious or life-threatening
injury or death at any time.
Any county, consolidated local government, urban-county government,
charter county government, unified local government, or city of any
class.
An official action of the Fiscal Court, which is a regulation
of a general and permanent nature and enforceable as a local law and
shall include any provision of a code of ordinances adopted by the
Fiscal Court which embodies all or part of an ordinance.
A person, association, corporation, partnership, or other
legal entity having a legal or equitable title in real property.
A lot, plot, or parcel of land, including any structures
upon it.
The County hereby finds, determines and declares that it is
in the best interest of the citizens of Henderson County to establish
a Code Enforcement Board, pursuant to KRS 65.8801 to 65.8839, for
the purpose of issuing remedial orders and imposing civil fines to
ensure compliance with certain ordinances in force in Henderson County.
To that effect, the County hereby establishes the Code Enforcement
Board for aforesaid purposes and declares that it shall be known as
the "Henderson County Code Enforcement Board."
A.
The Code Enforcement Board shall have the power to issue remedial
orders and impose civil fines as a method of enforcing County ordinances
when a violation of the ordinance has been expressly deemed to constitute
a civil offense.
B.
The Code Enforcement Board shall not have the authority to enforce
any ordinance regulating conduct which would also, under any provision
of the Kentucky Revised Statutes, constitute a criminal offense or
a moving motor vehicle offense.
The Code Enforcement Board shall be composed of five members,
all of whom shall be residents of the County for a period of at least
one year prior to their appointment and shall reside there throughout
the term in office.
A.
Members of the Code Enforcement Board shall be appointed by the County
Judge, subject to the approval of the Fiscal Court.
B.
The initial appointment to the Code Enforcement Board shall be as
follows:
(1)
One-third of the membership or 1/3 of the membership and one member
of the Board shall be appointed for a term of one year;
(2)
One-third of the membership or 1/3 of the membership and one member
of the Board shall be appointed for a term of two years; and
(3)
One-third of the membership or 1/3 of the membership and one member
of the Board shall be appointed for a term of three years.
C.
All subsequent appointments shall be for a term of three years.
D.
A member may be reappointed, subject to the approval of the Fiscal
Court.
E.
Any vacancy on the Board shall be filled by the County Judge/Executive,
subject to approval of the Fiscal Court, within 60 days of the vacancy.
If the vacancy is not filled within that time period, the remaining
Code Enforcement Board members shall fill the vacancy. A vacancy shall
be filled for the remainder of the unexpired term.
F.
A board member may be removed from office by the executive authority
for misconduct, inefficiency, or willful neglect of duty. The County
Judge shall submit a written statement to the member and the Fiscal
Court setting forth the reasons for removal. The member so removed
shall have the right of appeal to the Henderson Circuit Court.
G.
All members of the Code Enforcement Board shall, before entering
upon the duties of their office, take the oath of office prescribed
by Section 228 of the Kentucky Constitution.
H.
Members of the Code Enforcement Board shall be compensated in the
amount of $50 per meeting.
I.
No member of the Code Enforcement Board shall hold any elected or
nonelected office, paid or unpaid, or any position of employment with
the County.
A.
Upon initial appointments of its members, the Board shall elect a
chair among its members. Thereafter, the Code Enforcement Board shall
annually elect a chair from among its members. The chair shall be
the presiding officer and a full voting member of the Board. In the
absence of the chair, the remaining members of the Board shall select
a member to preside in place of and exercise the powers of the chair.
B.
Regular meetings of the Code Enforcement Board shall be held on the
fourth Monday of every month. Meetings other than those regularly
scheduled shall be special meetings or emergency meetings held in
accordance with the requirements of the Kentucky Open Meetings Act.[1]
[1]
Editor's Note: See KRS 61.800 et seq.
C.
All meetings and hearings of the Code Enforcement Board shall be
public meetings held in accordance with the requirements of KRS 65.8815(5)
and the Kentucky Open Meetings Act.
D.
The presence of at least a majority of the Board's entire membership
shall constitute a quorum. The affirmative vote of a majority of a
quorum of the Board shall be necessary for any official action to
be taken.
E.
Action minutes shall be kept for all proceedings of the Code Enforcement
Board and the vote of any member on any issue decided by the Board
shall be recorded in the minutes. The Fiscal Court shall provide clerical
and administrative personnel for the proper conduct of the duties
of the Code Enforcement Board.
Any member of the Code Enforcement Board who has any direct
or indirect financial or personal interest in any matter to be decided
shall disclose the nature of the interest, shall disqualify himself
from voting on the matter in which he has an interest, and shall not
be counted for purposes of establishing a quorum.
The Code Enforcement Board shall have the following powers and
duties:
A.
To adopt rules and regulations to govern its operations and the conduct
of its hearings consistent with the Local Government Code Enforcement
Board Act [KRS 65.8801 to 65.8839], County ordinances, and the provisions
of this article.
B.
To conduct hearings to determine if there has been a violation of
an ordinance over which it has jurisdiction.
C.
To subpoena alleged violators, witnesses and evidence to its hearings.
Subpoenas issued by the Code Enforcement Board may be served by any
code enforcement officer, law enforcement or any person authorized
to serve a subpoena by the Kentucky Rules of Civil Procedure.
D.
To take testimony under oath. The chairman shall have the authority
to administer oaths to witnesses prior to their testimony before the
Code Enforcement Board on any matter.
E.
To make findings of fact and issue orders necessary to remedy any
violation of a County ordinance which the Board is authorized to enforce.
F.
To impose civil fines, as authorized by ordinance, on any person
found to have violated a County ordinance over which the Board has
jurisdiction.
The following requirements shall govern all enforcement proceedings
before the Code Enforcement Board:
A.
Enforcement proceedings shall only be initiated by the issuance of
a citation by a code enforcement officer.
B.
Except when immediate action is necessary pursuant to § 13-43 of this article, 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 County ordinance, the code enforcement officer is authorized to issue a citation by one of the following methods:
(1)
Personal service to the alleged violator;
(2)
Leaving a copy of the citation with any person 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;
(3)
Mailing a copy of the citation by regular, first-class mail to the
last known recorded mailing address of the alleged violator; or
C.
The code enforcement officer may, in lieu of immediately issuing
a citation, give notice that a violation shall be remedied within
the time limit set forth in the ordinance alleged to be violated.
If the person to whom the notice is given fails or refuses to remedy
the violation within the proscribed time period, the code enforcement
officer is authorized to issue a citation.
D.
The citation issued by the code enforcement officer shall be set
forth on the citation form prescribed by the Fiscal Court or by the
Code Enforcement Board, which shall, at a minimum, contain the following
information:
(1)
The date and time of issuance;
(2)
The name and address of the person to whom the citation is issued;
(3)
The physical address of the premises where the violation occurred;
(4)
The date and time the offense was committed;
(5)
The facts constituting the offense;
(6)
The section(s) of the code or the number(s) of the ordinance violated;
(7)
The name of the code enforcement officer;
(9)
The procedure for the person to follow in order to pay the civil
fine or to contest the citation;
(10)
A statement that the code enforcement officer has the authority
to abate any and all deficiencies contained in the citation with all
charges and fees incurred by the County in connection with the enforcement
of the ordinance billed to the owner;
(11)
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; the determination
that the violation was committed shall be final; the citation as issued
shall be deemed a final order determining that the violation was committed
and imposing the civil fine as set forth in the citation; and the
person shall be deemed to have waived the right to appeal the final
order to Henderson District Court.
E.
After issuing a citation to an alleged violator, the code enforcement
officer shall notify the Code Enforcement Board by delivering the
citation to the Board via email to its designated administrative staff.
F.
Once a citation is issued, the code enforcement officer has the authority
to abate any and all deficiencies contained in the citation with all
charges and fees incurred by the County in connection with the enforcement
of the ordinance billed to the owner.
G.
The person to whom the citation is issued shall respond to the citation
within seven days of the date of issuance by either paying the civil
fine set forth in the citation or requesting, in writing, a hearing
to contest the citation. If the person fails to respond to the citation
within seven days, the person shall be deemed to have waived the right
to a hearing and the determination that a violation was committed
shall be considered final. In this event, the citation, as issued,
shall be deemed a final order determining that the violation was committed
and imposing the civil fine as set forth in the citation, and the
person shall be deemed to have waived the right to appeal the final
order to Henderson District Court.
H.
Notice of a final order shall be provided to the cited violator by:
A.
When a hearing has been requested, the Code Enforcement Board or
its administrative staff shall schedule a hearing.
B.
Not less than seven days before the date of the hearing, the Code
Enforcement Board or its administrative staff shall notify the requester
of the date, time, and place of the hearing. The notice may be given
by regular first-class mail; personal delivery; or by leaving the
notice at the person's usual place of residence with any individual
residing therein who is 18 years of age or older and who is informed
of the contents of the notice.
C.
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 citation as issued shall be deemed a final order determining the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to Henderson District Court. Notice of a final order shall be given in the same manner as set forth in § 13-36H.
D.
All testimony at the hearing shall be taken under oath and recorded.
Testimony shall be taken from the code enforcement officer, the alleged
violator, and any witnesses to the violation offered by the code enforcement
officer or alleged violator. Formal rules of evidence shall not apply,
but fundamental due process shall be observed and shall govern the
proceedings.
E.
The Code Enforcement Board shall, based on the evidence, determine
whether a violation was committed. If it is determined that no violation
was committed, an order dismissing the citation shall be entered.
If it is determined that a violation was committed, an order may be
issued upholding the citation. The Board may impose a fine up to the
maximum authorized by ordinance, or require the offender to remedy
a continuing violation to avoid a fine, or both.
Each case before the Code Enforcement Board shall be presented
by an attorney selected by the County, the Code Enforcement Officer,
or by a member of the County's administrative staff. An attorney
may either be counsel to the Code Enforcement Board or may present
cases before the Code Enforcement Board, but shall in no case serve
in both capacities.
A violation of any section of the Code of Ordinances of Henderson
County, Kentucky which is expressly deemed a civil offense shall be
subject to the specific fines set forth in said section.
A.
An appeal from a final order of the Code Enforcement Board following a hearing conducted pursuant to § 13-37E of this article may be made to the Henderson District Court within 30 days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
A.
The County shall possess a lien on property owned by the person found by a nonappealable final order as defined by § 13-28 of this article, or by a final judgment of the court, to have committed a violation of a County ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the County in connection with the enforcement of the ordinance, including abatement costs. An affidavit of the code enforcement officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
B.
The lien shall be recorded in the office of the Henderson County
Clerk. The lien shall be notice to all persons from the time of its
recording and shall bear interest until paid. The lien shall continue
for 10 years following the date of the nonappealable final order or
final court judgment.
C.
Subject to § 13-43 of this article, the lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.
D.
In addition to the remedy prescribed in Subsection A of this section, the person found to have committed the violation shall be personally responsible for the amount of all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the County in connection with the enforcement of the ordinance. The County may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
A.
The County shall implement a system for notification to lien holders that meets the minimum requirements of Subsection B of this section and shall comply with the procedures to permit remedial action by lien holders as provided in Subsection C of this section in order to obtain and maintain the lien priority over previously filed liens granted in KRS 65.8835.
B.
The County shall create a notification system that provides lien
holders and others that elect to do so with electronic notification
of all final orders entered pursuant to KRS 65.8801 to 65.8839. The
system shall meet the following minimum requirements:
(1)
An individual or entity may register with the County to receive information
on each final order by providing a name, mailing address, phone number,
and an electronic mailing address to the County. The County shall
accept this information in any form submitted by a registrant. It
shall be the responsibility of the registrant to maintain and update
its contact information with the County, except that the County shall
inform a registrant of any evidence the County receives that the electronic
mailing address is invalid or not functional in order to provide the
registrant an opportunity to submit an updated electronic mailing
address;
C.
At least once a month, the County shall send electronic mail notification of all final orders issued pursuant to the provisions of KRS 65.8801 to 65.8839 since the last date of notification to each party registered pursuant to Subsection A of this section. The notification shall, at a minimum, include or provide an electronic link to a document or database meeting the requirements of this paragraph that includes:
(1)
The name of the person charged with a violation;
(2)
The physical address of the premises where the violation occurred;
(3)
The last known mailing address for the owner of the premises where
the violation occurred, if, in the exercise of reasonable diligence,
it is ascertainable;
(4)
A specific description of the citation leading to the final order,
including the citation detail set forth in KRS 65.8825(4)(a) to (h),
which may be satisfied by including a copy of the full citation;
(5)
The findings of the final order, including the penalty or penalties
imposed by the final order, which may be satisfied by providing a
copy of the full final order; and
(6)
The status of the final order in regards to its ability to be appealed
pursuant to KRS 65.8831, except that the County shall provide an update
to registrants if an appeal is filed or a final order pursuant to
KRS 65.8831.
D.
At the same time the electronic notification required under Subsection B of this section is sent, the County shall post this notification or provide a summary of the information regarding each final order required by Subsection B of this section in a conspicuous place on its public website, which shall be affiliated with the County and contain other information about the County. If the County posts using summary form:
E.
The County shall maintain the records created under this subsection
for a period of 10 years following their issuance.
F.
A lien holder of record may, within 45 days from the date of issuance of notification under subsection (a)[1] of this section, correct the violation if it has not already
been abated, or elect to pay all civil fines assessed for the violation
and all charges and fees incurred by the County in connection with
the enforcement of the ordinance, including abatement costs. This
subsection shall not prohibit the County from taking immediate action
if necessitated under KRS 65.8838.
[1]
Editor's Note: So in original.
G.
H.
A lien that does not take precedence over previously recorded liens under the circumstances outlined in Subsection G of this section, shall, if the final order remains partially unsatisfied, take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
I.
Nothing contained in this subsection shall prohibit the County from recording a lien before the forty-five-day period established in Subsection F of this section expires. If the lien is fully satisfied prior to the expiration of the forty-five-day period established in Subsection F of this section, the County shall release the lien in the County Clerk's office where the lien is recorded within 15 days of satisfaction.
J.
The County may delegate responsibility for compliance with this section
to the Code Enforcement Board and its administrative staff.
K.
The failure of the County to comply with this section or the failure
of a lien to take precedence over previously filed liens as provided
in Subsection F(2) of this section, shall not limit or restrict any
other remedies that the County has against the property or the violator.
L.
The Henderson County Attorney is given authority to sign any release
of liens under this section on behalf of the County of Henderson.
M.
The requirements of this section shall not apply to a local government
when it enforces KRS 65.8840.
Nothing in this article shall prohibit the County from taking
immediate action to remedy a violation of its ordinances when there
is reason to believe that the violation presents a serious threat
to the public health, safety, and welfare, or if in the absence of
immediate action, the effects of the violation will be irreparable
or irreversible.
It shall be unlawful for the owner of any dwelling unit or structure
who has received a notice of violation, or upon whom a citation or
final order has been served to sell, transfer, mortgage, lease or
otherwise dispose of such dwelling unit or structure to another until
the provisions of the notice of violation, citation or final order
have been complied with, or until such owner or the owner's authorized
agent shall first furnish the grantee, transferee, mortgagee or lessee
a true copy of any notice of violation, citation or final order issued
by the code enforcement officer and shall furnish to the code enforcement
officer a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such notice of violation,
citation or final order and fully accepting the responsibility without
condition for making the corrections or repairs required by such notice
of violation, citation or final order.
