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65.8825 Enforcement proceedings -- Procedure.

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Page 1 of 2 65.8825 Enforcement proceedings -- Procedure. (1) Enforcement proceedings before a code enforcement board 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 <br>government ordinance, the officer is authorized to issue a citation to the offender. <br>When authorized by ordinance, a code enforcement officer may, in lieu of <br>immediately issuing a citation, give notice that a violation shall be remedied within <br>a specified period of time. If the person to whom the notice is given fails or refuses <br>to remedy the violation within the time specified, the code enforcement officer is <br>authorized to issue a citation. (3) 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 <br>required by ordinance or rule of the board: <br>(a) The date and time of issuance; <br>(b) The name and address of the person to whom the citation is issued; <br>(c) The date and time the offense was committed; <br>(d) The facts constituting the offense; <br>(e) The section of the code or the number of the ordinance violated; <br>(f) The name of the code enforcement officer; <br>(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 <br>have waived the right to a hearing before the code enforcement board to <br>contest the citation and that the determination that a violation was committed <br>shall be final. (4) 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 <br>official designated by ordinance or by the board. (5) 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 <br>the civil fine set forth in the citation or requesting, in writing, a hearing before the <br>code enforcement board to contest the citation. If the person fails to respond to the <br>citation within seven (7) days, the person shall be deemed to have waived the right <br>to a hearing to contest the citation and the determination that a violation was <br>committed shall be considered final. In this event, the board shall enter a final order Page 2 of 2 determining that the violation was committed and imposing the civil fine set forth in <br>the citation. Effective: July 15, 1996 <br>History: Created 1996 Ky. Acts ch. 177, sec. 8, effective July 15, 1996.