{"data":{"id":"us-ky/krs-100.409","jurisdiction":"us-ky","citation":"KRS 100.409","heading":"Powers of land use enforcement officer to deal with violation -- Citation --","body":"Response of alleged violation -- Hearing -- Final order.\n(1) When a land use enforcement officer, based upon personal observation or\ninvestigation, has reasonable cause to be lieve that a violation of a binding element\nhas occurred, the officer may issue a warning notice and citation to the offender.\nPrior to issuing a citation, the officer shall issue a warning notice giving the\noffender a specified period of time in which to remedy the violation. If the person to\nwhom the notice is given fails or refuses to remedy the violation within the time\nspecified, the land use enforcement officer may issue a citation. However, if the\nviolation is deemed by the land use enforcement offic er to be a threat to public\nsafety, then a citation shall be immediately issued without a prior warning notice.\n(2) Enforcement proceedings shall be initiated by the issuance of a citation by a land\nuse enforcement officer.\n(3) The citation issued by the land use enforcement officer shall be in a form prescribed\nby the planning commission and shall contain, in addition to any other information\nrequired by the planning commission:\n(a) The date and time of issuance;\n(b) The name and address of the person to whom the citation is issued;\n(c) The date and time the violation of the binding element was committed;\n(d) The facts constituting the violation of the binding element;\n(e) A specific description of the binding element violated;\n(f) The name of the land use enforcement officer;\n(g) The civil fine that will be imposed for the violation if the person does not\ncontest the citation;\n(h) The procedure for the person to follow in order to pay the civil fine or to\ncontest the citation; and\n(i) A statement that if the person fails to pay the civil fine set forth in the citation\nor to contest the citation within the time allowed, the person shall be deemed\nto have waived the right to a hearing before the planning commission to\ncontest the citation, and that the determi nation that a violation was committed\nshall be final.\n(4) After issuing a citation to an alleged violator, the land use enforcement officer shall\nnotify the planning commission by delivering the citation to the administrative\nofficial designated by the planning commission.\n(5) All citations issued shall be hand delivered to the alleged violator.\n(6) When a citation is issued, the person to whom the citation is issued shall respond to\nthe citation within fourteen (14) days of the date the cit ation is issued by either\npaying the civil fine set forth in the citation or requesting, in writing, a hearing\nbefore the planning commission to contest the citation. If the person fails to respond\nto the citation within fourteen (14) days, the person shal l be deemed to have waived\nthe right to a hearing to contest the citation and the determination that a violation\nwas committed shall be considered final. In this event, the planning commission\nshall enter a final order determining that the violation was co mmitted and imposing\nthe civil fine set forth in the citation.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26820","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:05Z","sha256":"ba26821313d657b62be646953eaf9c34e23bd3cc5e12f9156c3d5be174e65d37","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.408","next":"us-ky/krs-100.410"},"notice":"GroundRules: Original legal text. Not legal advice."}