{"data":{"id":"us-ky/krs-65.8828","jurisdiction":"us-ky","citation":"KRS 65.8828","heading":"Hearing -- Notice -- Failure to appear -- Procedure -- Final order.","body":"(1) When a hearing is requested, the code enforcement board, through its clerical and\nadministrative staff, shall schedule a hearing. Not less than seven (7) days before\nthe date set for the hearing, the code enforcement board shall notify the person who\nrequested the hearing of the date, time, and place of the hearing. The notice may be\ngiven by regular first-class mail; certified mail, return receipt requested; by personal\ndelivery; or by leaving the notice at the person's usual place of residence with any\nindividual residing therein who is eighteen (18) years of age or older and who is\ninformed of the contents of the notice. The code enforcement board may also elect\nto provide notice of hearing to any lienholders with an interest in the subject\npremises. Any person requesting a hearing who fails to appear at the time and place\nset for the hearing shall be deemed to have waived the right to a hearing to contest\nthe citation and the determination that a violation was committed shall be final. In\nthis event, the citation, as issued, shall be deemed a final order determining that the\nviolation was committed and imposing the civil fine set forth in the citation, and the\nalleged violator shall be deemed to have waived the right to appeal the final order to\nDistrict Court. Notice of the final order shall be provided to the cited violator in the\nmanner set forth in subsection (5) of this section.\n(2) Each case that is the subject of a hearing may be presented by an attorney selected\nby the local government or by a membe r of the administrative staff of the local\ngovernment. An attorney may either be counsel to the code enforcement board or\nmay represent the local government by presenting cases at the hearing, but in no\ncase shall an attorney serve in both capacities.\n(3) All testimony shall be under oath and shall be recorded. The code enforcement\nboard or assigned hearing officer shall take testimony from the code enforcement\nofficer, the alleged offender, and any witnesses to the alleged violation offered by\nthe code enforcement officer or the alleged offender. Formal rules of evidence shall\nnot apply, but fundamental due process shall be observed and shall govern the\nproceedings.\n(4) If a code enforcement board conducts the hearing, or upon the receipt of\nrecommendations of a hearing officer pursuant to KRS 65.8829(6), then the code\nenforcement board shall determine, based on the evidence presented, whether a\nviolation was committed. When the board determines that no violation was\ncommitted, an order dismissing the citati on shall be entered. When the board\ndetermines that a violation has been committed, the board may issue an order\nupholding the citation and may order the offender to do either or both of the\nfollowing:\n(a) Pay a civil fine in an amount up to the maximum authorized by ordinance; or\n(b) Remedy a continuing violation within a specified time to avoid the imposition\nof a fine as authorized by ordinance.\n(5) Every final order following a hearing of a code enforcement board shall be reduced\nto writing, which shall  include the findings and conclusions of the board, and the\ndate the order was issued. A copy of the order shall be furnished to the person\nnamed in the citation. If the person named in the citation is not present at the time a\nfinal order of the board is issued, the order shall be delivered to that person by\nregular first-class mail; certified mail, return receipt requested; by personal delivery;\nor by leaving a copy of the order at that person's usual place of residence with any\nindividual residing therei n who is eighteen (18) years of age or older and who is\ninformed of the contents of the order.\n(6) If the code enforcement board is reviewing a final order entered by a hearing officer\non appeal as authorized by KRS 65.8829(7), the code enforcement board s hall\nreview the record created before the hearing officer and determine whether there is\nsubstantial evidence on the record to support a finding by the hearing officer that a\nviolation was committed. If the code enforcement board determines that there is n ot\nsubstantial evidence on the record, it shall issue an order dismissing the citation. If\nthe code enforcement board determines that there is substantial evidence on the\nrecord that a violation was committed, it shall issue a final order upholding the\norder entered by the hearing officer. The provisions of subsections (1) and (4) of\nthis section shall apply to any appeal hearing conducted pursuant to this subsection.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45193","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:23Z","sha256":"9bc4ca6fe8245b7c180de6bc0380f9a221fd6ed407fcdd5da4093a2bea913460","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.8825","next":"us-ky/krs-65.8829"},"notice":"GroundRules: Original legal text. Not legal advice."}