KRS 65.8808: Code enforcement board creation -- Joinder with additional cities or

counties -- Powers -- Classification of violation of ordinance as civil offense.

(1) The legislative body of a local government may, by ordinance, create a code

enforcement board which shall have the power to issue remedial orders and impose

civil fines as a method of enforcing a local government ordinance when a violation

of the ordinance has been classified as a civil offense in accordance with this

section. Any local gov ernment may expand its code enforcement board to include

additional cities or counties within its jurisdiction for performing the function for

which the code enforcement board was organized.

(2) Subject to the limitations set forth in subsection (3) of thi s section, the legislative

body of a local government may utilize a code enforcement board to enforce any

ordinance of the local government, including but not limited to littering, open

dumping of solid waste, or any zoning or nuisance ordinance. Each ordi nance to be

enforced by a code enforcement board, by its express terms, shall provide that each

violation of the ordinance shall constitute a civil offense. The ordinance shall

provide either:

(a) A specific civil fine or fines that may be imposed for each violation of the

ordinance; or

(b) Two (2) separate civil fines as follows:

1. A maximum civil fine that may be imposed for each offense if the

citation is contested under KRS 65.8825(6); and

2. A specific civil fine of less than the maximum civil fine th at will be

imposed for each offense if the person who has committed the offense

does not contest the citation.

(3) With the exceptions of criminal littering under KRS 433.753 and littering of public

waters under KRS 433.757, no legislative body of a local government shall classify

the violation of an ordinance as a civil offense if the same conduct that is regulated

by the ordinance would also, under any provision of the Kentucky Revised Statutes,

constitute a criminal offense or a moving motor vehicle offense.