Elkton Kentucky

Code Enforcement

 

The City created a Code Enforcement Board in order to provide another option to enforce noncompliance with city ordinances, rather than taking property owners and residents to District Court. The city appoints citation officers, who have the responsibility of inspecting city properties for code violations. All citations issued by a citation officer must be confirmed or denied by the Code Enforcement Board.

View and Download: Code Enforcement Board Ordinance

Contact Citation Officer Justin Moberly

Email: jmoberly@elktonky.com
Phone: 270.265.9877
Office Hours: Mon, Wed, Fri – 8 am to 10 am

 
Lienholder Notification 

In accordance with KRS § 65.8836, the City of Elkton is providing the information on the Code Enforcement Database Page to lienholders who may have an interest in these properties. If you are a lienholder and you would like to take action on a property associated with a final order listed on the Code Enforcement Database Page, please contact the Elkton Code Enforcement Board Administrative Staff at cityhall@elktonky.com or call City Hall at 270-265-9877.

Individuals and entities, including but not limited to lienholders, may register with the city to receive monthly electronic notification of final orders when the Code Enforcement Database Page is updated. To register to receive the monthly email notification, download and print Lienholder Notification Registration Form and return to City Hall as instructed. 

 

What is a Code Enforcement Board?
The creation of a CEB was authorized by the State of Kentucky to allow local governments to issue remedial orders and to impose civil fines as an inexpensive alternative to ensure compliance with local ordinances. The only other alternative a City has to enforce local ordinances is to take the case to court, which takes a lot of time and money for both the City and the offender.

How Does the CEB Work?
First, a Citation Officer may issue either a Courtesy Letter or a Notice of Violation to an offender. A Courtesy Letter is to inform the public of the city ordinances and that a violation may exist. Both a Courtesy Letter and Notice of Violation will explain the violation and how to correct it. At this point, there is no fine due to the city. The Letter or Notice will also give a date by which time the violation shall be corrected before further action is taken. If you contact the Citation Officer they will generally work with you on a time schedule to be in compliance.

If a Notice of Violation is issued and the violation is not corrected by the date on the Notice, the Citation Officer will then issue a Citation charging the offender with a civil offense and issuing a fine. The Citation gives the offender two choices. First, the offender may not contest the citation and, within ten days, pay the fine, and correct the violation. Second, within ten days the offender may contest the violation and submit a written request to have a hearing before the CEB. This gives the offender an opportunity to have a hearing before a the Board.

If the offender chooses to have a hearing, and is found to have committed the violation, a larger penalty may be imposed by the CEB (usually double the fine if the violation is not contested.) If the offender requests a hearing, the CEB will hold a public hearing to receive evidence of the violation. The offender will also have the opportunity to present their case. After receiving all evidence and testimony, the CEB may issue orders necessary to remedy a violation and may impose civil fines. The Board may even find the violation did not exist or give leniency due to special circumstances.

If the offender chooses to ignore the Citation and does not pay the fine or request a hearing within ten days of issuance of the Citation, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final.  In this event, the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to District Court.  

In addition, if the City has reason to believe the existence of the violation presents a serious threat to public health, safety, and welfare, and the violator has not corrected the violation, the City has the authority to take immediate action to correct the violation.

Once fines are assessed, the City shall then possess a lien on property owned by the person found to have committed a violation. In addition, the person found to have committed the violation shall be held personally responsible for all fines assessed, and for all charges and fees incurred by the City in connection with the enforcement of the ordinance.

What Ordinances are enforced by the Code Enforcement Board?
When the Code Enforcement Board was created in 2003, the City Council established what City Ordinances would be enforced by the Citation Officer and Code Enforcement Board. Generally, the Citation Officers enforces regulations relating to nuisances, animals, occupational license taxes and zoning permits.
View and Download: Ordinances Enforced by the Citation Officer 

What are the amounts of fines assessed by the Citation Officer and CEB?
The amount of the fine issued depends on the city ordinance violated. Also, as the number of violations of the same ordinances increases, so does the amount of the fine.

35.106 ORDINANCE FINE SCHEDULE.

     Violations of ordinances that are enforced by the Code Enforcement Board shall be subject to the following schedule of civil fines:

     (A)  If a citation for a violation of an ordinance is not contested by the person charged with the violation, the person may elect to pay the minimum penalties set forth in this division (A).

Violated First
Offense
Second Offense Third and
Other Offenses
90.02 Animals $25 $50 $100
91.31 Streets and Sidewalk Obstruction $25 $50 $100
91.32 Materials on Street or Sidewalk $25 $50 $100
92.03(A) Dangerous Trees $50 $100 $150
92.03(B) Accumulation of Rubbish $25 $50 $100
92.03(C) Storage of Explosives $50 $100 $150
92.03(D) Weeds and Grass $25 $50 $100
92.03(E) Open Wells $50 $100 $150
92.03(F) Trees and Shrubbery $25 $50 $100
92.03(G) Keeping of Animals $25 $50 $100
92.03(H) Junk; Scrap Metal; motor vehicles $25 $50 $100
92.03(I) Dilapidated Structures $100 $150 $200
92.03(J) Electrified fence $25 $50 $100
92.03(K) Garbage and refuse containers $25 $50 $100
95 Cemeteries $25 $50 $100
98.02 Display of House Numbers $25 $50 $100
110 Occupational License Taxes $25 $50 $100
114 Yard Sale Permit Required $5 $10 $20
151 Zoning $25 $50 $100
Property Maintenance Code $25 $50 $100

     (B)  If the citation is contested and a hearing before the Code Board is required, the following maximum penalties may be imposed at the discretion of the Code Board:

Violated First Offense Second Offense Third and Other Offenses
90.02 Animals $50 $100 $200
91.31 Streets and Sidewalk Obstruction  

$50

 

$100

 

$200

91.32 Materials on Street or Sidewalk $50 $100 $200
92.03(A) Dangerous Trees $100 $200 $300
92.03(B) Accumulation of Rubbish $50 $100 $200
92.03(C) Storage of Explosives $100 $200 $300
92.03(D) Weeds and Grass $50 $100 $200
92.03(E) Open Wells $100 $200 $300
92.03(F) Trees and Shrubbery $50 $100 $200
92.03(G) Keeping of Animals $50 $100 $200
92.03(H) Junk; Scrap Metal; motor vehicles $50 $100 $200
92.03(I) Dilapidated Structures $200 $300 $400
92.03(J) Electrified fence $50 $100 $200
92.03(K) Garbage and refuse containers $50 $100 $200
95 Cemeteries $50 $100 $200
98.02 Display of House Numbers $50 $100 $200
110 Occupational License Taxes $50 $100 $200
114 Yard Sale permit Required $10 $20 $40
151 Zoning $50-$100 $100-

$500

$200-$1,000
Property Maintenance Code $50 $100 $200

     (C)  If the person charged with a violation does not elect to pay the minimum civil fine and does not contest the citation by requesting a hearing within the time prescribed, or, if the alleged violator requests a hearing before the Board and fails to appear at the hearing, the Code Enforcement Board shall enter a final order determining the violation was committed and impose the civil fine set forth below:

Violated First
Offense
Second Offense Third and
Other Offenses
90.02 Animals $50 $100 $200
91.31 Streets and Sidewalk Obstruction  

$50

 

$100

 

$200

91.32 Materials on Street or Sidewalk $50 $100 $200
92.03(A) Dangerous Trees $100 $200 $300
92.03(B) Accumulation of Rubbish $50 $100 $200
92.03(C) Storage of Explosives $100 $200 $300
92.03(D) Weeds and Grass $50 $100 $200
92.03(E) Open Wells $100 $200 $300
92.03(F) Trees and Shrubbery $50 $100 $200
92.03(G) Keeping of Animals $50 $100 $200
92.03(H) Junk; Scrap Metal; motor vehicles $50 $100 $200
92.03(I) Dilapidated Structures $200 $300 $400
92.03(J) Electrified fence $50 $100 $200
92.03(K) Garbage and refuse containers $50 $100 $200
95 Cemeteries $50 $100 $200
98.02 Display of House Numbers $50 $100 $200
110 Occupational License Taxes $50 $100 $200
114 Yard Sale permit Required $10 $20 $40
151 Zoning $50-$100 $100-

$500

$200-$1,000
Property Maintenance Code $50 $100 $200

     (D)  Upon the fourth offense for the same violation, if the Code Enforcement Board finds that a violation did exist, the Board shall enter a final order imposing a daily fine in the amount set forth in division (C) above for third and other offenses, which shall accrue up to a maximum amount of $5,000. The daily fine shall begin on the date the final order is issued until the day the Code Enforcement Officer declares the violation cured. It shall be the responsibility of the property owner to request an inspection by the Code Enforcement Officer to certify the violation has been cured.

35.107 LIENS; FINES; CHARGES; AND FEES.

     (A)  The city shall possess a lien on property owned by the person found by a nonappealable final order as defined by § 35.095(D), or by a final judgment of the court, to have committed a violation of a city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs.  An affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.

     (B)  The lien shall be recorded in the Office of the County Clerk.  The lien shall be notice to all persons from the time of its recording and shall bear interest until paid.  The lien shall continue for ten years following the date of the nonappealable final order or final court judgment. 

     (C)  Subject to § 35.107, the lien shall take precedence over all other liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings, including a foreclosure action.

     (D)  In addition to the remedy prescribed in division (A) of this section, the person found to have committed the violation shall be personally responsible for the amount of all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement of the ordinance.  The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.

(Ord. 2017-17, passed 1-8-18)