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100.409 Powers of land use enforcement officer to deal with violation -- Citation -- Response of alleged violation -- Hearing -- Final order.

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Page 1 of 2 100.409 Powers of land use enforcement officer to deal with violation -- Citation -- Response of alleged violation -- Hearing -- Final order. (1) When a land use enforcement officer, based upon personal observation or investigation, has reasonable cause to believe that a violation of a binding element <br>has occurred, the officer may issue a warning notice and citation to the offender. <br>Prior to issuing a citation, the officer shall issue a warning notice giving the <br>offender a specified period of time in which to remedy the violation. If the person to <br>whom the notice is given fails or refuses to remedy the violation within the time <br>specified, the land use enforcement officer may issue a citation. However, if the <br>violation is deemed by the land use enforcement officer to be a threat to public <br>safety, then a citation shall be immediately issued without a prior warning notice. (2) Enforcement proceedings shall be initiated by the issuance of a citation by a land use enforcement officer. (3) The citation issued by the land use enforcement officer shall be in a form prescribed by the planning commission and shall contain, in addition to any other information <br>required by the planning commission: <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 violation of the binding element was committed; <br>(d) The facts constituting the violation of the binding element; <br>(e) A specific description of the binding element violated; <br>(f) The name of the land use enforcement officer; <br>(g) The civil fine that will be imposed for the violation if the person does not contest the citation; (h) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and (i) A statement that if the person fails to pay the civil fine set forth in the citation or to contest the citation within the time allowed, the person shall be deemed <br>to have waived the right to a hearing before the planning commission 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 land use enforcement officer shall notify the planning commission by delivering the citation to the administrative <br>official designated by the planning commission. (5) All citations issued shall be hand delivered to the alleged violator. <br>(6) When a citation is issued, the person to whom the citation is issued shall respond to the citation within fourteen (14) days of the date the citation is issued by either <br>paying the civil fine set forth in the citation or requesting, in writing, a hearing <br>before the planning commission to contest the citation. If the person fails to respond <br>to the citation within fourteen (14) days, the person shall be deemed to have waived <br>the right to a hearing to contest the citation and the determination that a violation <br>was committed shall be considered final. In this event, the planning commission Page 2 of 2 shall enter a final order determining that the violation was committed and imposing <br>the civil fine set forth in the citation. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 10, sec. 5, effective July 15, 1998.