[Adopted 12-7-2021 by Ord. No. 21-13]
As used in this article, the following terms shall have the meanings indicated:
ABATEMENT COSTS
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.
CODE ENFORCEMENT BOARD
The Henderson County Code Enforcement Board established pursuant to Chapter 13, Article V, herein.
CODE ENFORCEMENT OFFICER
The Henderson County Codes Administrator.
COUNTY
Henderson County.
FINAL ORDER
Any order:
A. 
Issued by the Code Enforcement Board in accordance with KRS 65.8828(4) or (6);
B. 
Created because a violator neither paid nor contested the citation within seven days as provided in KRS 65.8825(6);
C. 
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).
FISCAL COURT
The Henderson County Fiscal Court.
IMMINENT DANGER
A condition which is likely to cause serious or life-threatening injury or death at any time.
LOCAL GOVERNMENT
Any county, consolidated local government, urban-county government, charter county government, unified local government, or city of any class.
ORDINANCE
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.
OWNER
A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
PREMISES
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
(4) 
If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in Subsection B(1) to (3) is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
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;
(8) 
The civil fine that may be imposed for the violation, including, if applicable:
(a) 
The civil fine that will be imposed if the person does not contest the citation; and
(b) 
The maximum civil fine that may be imposed if the person elects to contest the citation;
(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:
(1) 
Regular first-class mail;
(2) 
Certified mail, return receipt requested;
(3) 
Personal delivery; or
(4) 
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.
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.
F. 
Every final order following a hearing shall be reduced to writing, which shall include the findings and conclusions reached and the date the order was issued. A copy of the final order shall be provided to the person named in the citation in the same manner as set forth in § 13-36H.
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.
B. 
If no appeal from a final order of the Code Enforcement Board is filed within the time period set in Subsection A of this section, the Code Enforcement Board's order shall be deemed final for all purposes.
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:
(1) 
The summary shall be calculated to reasonably allow identification of the specific properties which may be impacted by the lien; and
(2) 
Upon request, the County shall provide the complete record of a final order created under Subsection B of this section without charge.
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. 
The lien provided by KRS 65.8835 shall not take precedence over previously recorded liens if:
(1) 
The County failed to comply with the requirements of Subsection A of this section for notification of the final order; or
(2) 
A prior lien holder corrected the violation or paid 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 within 45 days as provided in Subsection F of this section.
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.