Covington, Kentucky Zoning Ordinance - The City of Covington

Article 15 Penalties and EnforcementSection 15.03 Remedies and Enforcement Powersbefore the date set for the hearing, the Code Enforcement Board shallnotify the person who requested the hearing of the date, time andplace of the hearing. The notice of hearing shall be given in the samemanner as set forth in subsection E above.I. Each case before the Code Enforcement Board may be presented by anattorney selected by the City of Covington or by a member of theadministrative staff of the City of Covington. An attorney may eitherbe counsel to the Code Enforcement Board or may represent the Cityof Covington by presenting cases before the Code Enforcement Board,but in no case shall an attorney serve in both capacities.J. All testimony at the Code Enforcement Board hearings shall be underoath and shall be recorded. The Code Enforcement Board shall taketestimony from the zoning enforcement officer(s), the allegedoffender, and any witnesses to the alleged violation offered by thezoning enforcement officer(s) or the alleged offender. Formal rules ofevidence shall not apply, but fundamental due process shall beobserved and shall govern the proceedings.K. At the hearing, the Code Enforcement Board shall determine, basedon the evidence presented, whether a violation was committed. Whenthe Code Enforcement Board determines that no violation wascommitted, an order dismissing the citation shall be entered. Whenthe Code Enforcement Board determines that a violation has beencommitted, it shall issue an order upholding the citation and mayorder the offender to pay a civil fine, or may order the offender toremedy a continuing violation within a specified period of time toavoid the imposition of the fine, or both.L. Every final order of the Code Enforcement Board shall be reduced towriting, which shall include the date the order was issued, and a copyof the order shall be furnished to the person named in the citation. Ifthe person named in the citation is not present at the time a finalorder is issued, the order shall be delivered to that person by certifiedmail, return receipt requested; or by personal delivery; or by leaving acopy of the order at that person’s usual place of residence with anyindividual residing therein who is 18 years of age or older and who isinformed of the contents of the order.M. An appeal from any final order issued by the Code Enforcement Boardmay be made to the Kenton County District Court within 30 days ofthe date the order is issued. The appeal shall be initiated by the filingof a complaint and a copy of the Code Enforcement Board’s order inthe same manner as any civil action under the Rules of CivilProcedure. The appeal shall be limited to a review of the recordcreated before the Code Enforcement Board.N. A judgment of the Kenton County District Court may be appealed tothe Kenton County Circuit Court in accordance with the Rules of CivilProcedure.O. If no appeal from a final order of the Code Enforcement Board is filedwithin the time period set forth in this section, the Code EnforcementBoard’s order shall be deemed final for all purposes.Covington, KentuckyZoning Ordinance Draft: 6/22/05Page 15-6