65.8825 Enforcement proceedings -- Procedure.
761 words·~3 min read·
/ky/chapter-65/65-8825A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Enforcement proceedings before a code enforcement board or hearing officer
shall be initiated by the issuance of a citation by a code enforcement officer.
(2)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;
(c)Mailing a copy of the citation by regular first-class mail to the last known
recorded mailing address of the alleged violator; or
(d)If, in the exercise of reasonable diligence, the issuance of a citation using
the methods set out in paragraphs
(a)to
(c)of this subsection is not
possible, then the citation is properly served by posting a copy of the
citation in a conspicuous place on the premises.
(3)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.
(4)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 if the local government has elected to use the
alternative authorized under KRS 65.8808(2)(b);
(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 or hearing officer to contest the citation and that the
determination that a violation was committed shall be final, and the
alleged violator shall be deemed to have waived the right to appeal the
final order to District Court.
(5)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. The code
enforcement officer, hearing officer, or code enforcement board may also elect
to provide notice of the issuance of the citation to any lienholder with an
interest in the subject premises.
(6)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 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 citation, as issued, shall
be deemed a final order determining that 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 District Court.
Notice of the final order shall be provided to the cited violator by:
(a)Regular first-class mail;
(b)Certified mail, return receipt requested;
(c)Personal delivery; or
(d)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.