KRS § 100.411 — KY Code / Title IX / Chapter 100 / Section 100.411
100.411 Hearing before planning commission - Waiver of rights to hearing -- Determination of existence of violation -- Criminal order
Status: in_force

100.411 Hearing before planning commission - Waiver of rights to hearing --

Determination of existence of violation -- Criminal order.

(1) When a hearing before a planning commission has been requested, the planning

commission, through its clerical and administrative staff, shall schedule a hearing.

The hearing shall be conducted within thirty (30) days of the date of the request,

unless the person who requested the hearing requests or agrees to a continuance not

to exceed thirty (30) days. All continuances must receive the approval of the

planning commission. Not less than seven (7) days before the date set for the

hearing, the planning commission shall notify the person who requested the hearing

of the date, time, and place of the hearing. The notice may be given by certified

mail, return receipt requested; by personal delivery; or by leaving the notice at the

person's usual place of residence with any individual residing therein who is

eighteen (18) years of age or older and who is informed of the contents of the

notice. Any person requesting a hearing before the planning commission who fails

to appear at the time and place set for the hearing shall be deemed to have waived

the right to a hearing to contest the citation and the determination that a violation

was committed shall be final. In this event, the planning commission shall enter a

final order determining that the violation was committed and imposing the civil fine

set forth in the citation.

(2) Each case before a planning commission shall be presented by an attorney who shall

be counsel to the commission.

(3) All testimony shall be under oath and shall be recorded. The planning commission

shall take testimony from the land use enforcement officer, the alleged offender, and

any witnesses to the alleged violation offered by the land use enforcement officer or

the alleged offender. Formal rules of evidence shall not apply, but fundamental due

process shall be observed and shall govern the proceedings.

(4) After the hearing, the planning commission shall determine, based on the evidence

presented, whether a violation was committed. When the commission determines

that no violation was committed, an order dismissing the citation shall be entered.

When the commission determines that a violation has been committed, the

commission shall issue an order upholding the citation and may order the offender

to pay a civil fine in an amount up to the maximum authorized by the ordinance, or

may order the offender to remedy a continuing violation within a specified time to

avoid the imposition of a fine, or both, as authorized by the ordinance.

(5) Every final order of a planning commission shall be reduced to writing, which shall

include the date the order was issued, and a copy of the order shall be furnished to

the person named in the citation. If the person named in the citation is not present at

the time a final order of the planning commission is issued, the order shall be

delivered to that person by certified mail, return receipt requested; by personal

delivery; or by leaving a copy of the order at that person's usual place of residence

with any individual residing therein who is eighteen (18) years of age or older and

who is informed of the contents of the order.