TITLE 16
Chapters:
16.04 Provisions Adopted by Reference
16.08 Enforcement of Binding Elements
Sections:
16.04.010 Cornerstone 2020 Statement of Goals and
Objectives--Adopted by reference.
16.04.020 Cornerstone 2020 Plan Elements--Adopted
by reference.
16.04.030 Zoning district
regulations--Adopted by reference.
16.04.010 Cornerstone 2020 Statement of Goals and
Objectives--Adopted by reference.
The Cornerstone 2020 Statement of Goals and Objectives as adopted
by Louisville Metro, (and/or Louisville Metro Council) as they apply to the
city, are adopted by reference and made a part of this code as fully as if set
forth herein. Copies shall be available for public inspection during normal
business hours. (Ord. 00-08 § 1)
16.04.020 Cornerstone 2020 Plan Elements--Adopted
by reference.
The Cornerstone 2020 Plan Elements as adopted by the Louisville
Metro Council as they apply to the city, are adopted by reference and made a
part of this code as fully as if set forth herein. Copies shall be available
for public inspection during normal business hours. (Ord.
00-08 § 2)
16.04.030 Zoning district
regulations--Adopted by reference.
The zoning district regulations as adopted by the Louisville
Metro Council and the Louisville Metro Planning Commission, as they apply to
the city, are adopted by reference and made a part of this code as fully as if
set forth herein as modified and supplemented by the City. Copies shall be available for public
inspection during normal business hours. (Ord. 00-08
§ 3)
Sections:
16.08.010 Definitions.
16.08.020 Enforcement of binding elements.
16.08.030 Planning commission--Authority.
16.08.040 Form citations and issuance.
16.08.050 Hearings before the planning commission.
16.08.060 Appeal of planning commission orders.
16.08.070 Fines--Payment.
16.08.080 Civil action by
city.
16.08.090 Violation--Penalty.
16.08.010 Definitions.
“Binding element” means a binding requirement, provision,
restriction, or condition imposed by the planning commission or its designee,
or a promise or agreement made by an applicant in writing, in connection with
the approval of a land use development plan or subdivision plan.
“Land use enforcement officer” means a zoning enforcement officer
employed by the planning commission.
“Land use ordinance” means an official action of the city which
is a regulation of a general and permanent nature relating to the use and
development of land within the city. It is enforceable as a local law and
includes any provision of this code which embodies all or part of an ordinance.
“Planning commission” means the Louisville Metro Planning Commission.
(Ord. 01-01 § 1)
16.08.020 Enforcement of binding elements.
The violation of any binding element, as defined herein, shall
constitute a civil offense which may subject the violator to a civil fine
and/or other remedial orders of the planning commission in accordance with
procedures set forth in this chapter. (Ord. 01-01 §
2)
16.08.030 Planning commission--Authority.
A. The planning
commission or its designee may issue remedial orders and impose civil fines as
a method of enforcing a binding element when a violation of that binding
element has occurred.
1. If the violation of a
binding element would also constitute an offense under any provision of the
Kentucky Revised Statutes, including specifically, and without limitation, any
provision of the Kentucky Penal Code and any moving motor vehicle offense, such
a violation of a binding element shall not be a civil offense under this
chapter but a criminal offense which may be prosecuted in the court of
appropriate jurisdiction.
B. In the exercise of its
authority under this chapter, the planning commission shall have the power to:
1. Adopt rules and
regulations to govern its operation and conduct of its hearing that are
consistent with requirements of this chapter;
2. Conduct hearings to
determine whether there has been a violation of a binding element;
3. Subpoena alleged
violators, witnesses and evidence to its hearings and all such subpoenas issued
by the planning commission may be served by any land use enforcement officer;
4. Take testimony under
oath and the chairperson of the planning commission may administer such oaths
to witnesses prior to their testimony before the planning commission on any
matter;
5. Make findings and
issue orders that are necessary to remedy any violation of a binding element;
6. Impose civil fines as
authorized in this chapter on any person found to have violated any binding
element that the planning commission is authorized to enforce. (Ord. 01-01 § 3)
16.08.040 Form citations and issuance.
A. Enforcement
proceedings for the violation of a binding element shall be initiated by the
issuance of a citation by a land use enforcement officer.
B. When a land use
enforcement officer, based upon personal observation or investigation, has
reasonable cause to believe that a violation of a binding element has occurred,
the officer may issue a warning notice and citation to the offender. Prior to
issuing a citation, however, the officer shall issue a warning notice giving
the offender ten (10) days, Saturdays, Sundays and holidays excluded, in which
to remedy the violation. If the person to whom the notice is given fails or
refuses to remedy the violation within the specified time, the land use
enforcement officer may issue a citation. However, if the violation is a threat
to the public safety, the land use enforcement officer immediately shall issue
a citation without a prior warning notice.
C. The citation issued by
the land use enforcement officer shall be in a form prescribed by the planning
commission and shall contain, in addition to any other information required by
the planning commission:
1. The date and time of
issuance;
2. The name and address
of the person to whom the citation is issued;
3. The date and time the
violation of the binding element was committed;
4. The facts constituting
the violation of the binding element;
5. A specific description
of the binding element violated;
6. The name of the land
use enforcement officer;
7. The civil fine that
will be imposed for the violation if the person does not contest the citation;
8. The procedure for the
person to follow in order to pay the civil fine or to contest the citation; and
9. A statement that if
the person fails to pay the civil fine set forth in the citation or to contest
the citation within the time allowed, the person shall be deemed to have waived
the right to a hearing before the planning commission to contest the citation,
and that the determination that a violation was committed shall be final.
D. All citations issued
shall be hand-delivered to the alleged violator. After issuing a citation to an
alleged violator, the land use enforcement officer shall notify the planning
commission by delivering the citation to the administrative official designated
by the planning commission.
E. When a citation is
issued, the person to whom the citation is issued shall respond to the citation
within fourteen (14) days of the date the citation is issued by either paying
the civil fine set forth in the citation or requesting, in writing, a hearing
before the planning commission to contest the citation. If the person fails to
respond to the citation within fourteen (14) days, the person 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 considered 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.
(Ord. 01-01 § 4)
16.08.050 Hearings before the planning commission.
A. When a hearing before
the 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 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 an 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.
B. Each case before a
planning commission shall be presented by an attorney who shall be counsel to
the planning commission.
C. All testimony before
the planning commission 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.
D. After the hearing, the
planning commission shall determine, based on the evidence presented, whether a
violation was committed. When the planning commission determines that no
violation was committed, an order dismissing the citation shall be entered.
When the planning commission determines that a violation has been committed, it
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 this chapter, 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 herein.
E. Every final order of
the 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. (Ord. 01-01 § 5)
16.08.060 Appeal of planning commission orders.
Any final order issued by the planning commission with respect to
a citation for the violation of a binding element may be appealed in conformity
with KRS 100.413. (Ord. 01-01 § 6)
16.08.070 Fines--Payment.
The person or entity found to have committed a violation of a
binding element shall be responsible for the amount of all fines assessed for
the violation. The planning commission may file a civil action in its name
against the person or entity and shall have the remedies provided in KRS
100.415. (Ord. 01-01 § 7)
16.08.080 Civil action by
city.
Nothing contained in this chapter shall prohibit the city from
taking immediate action in the court of appropriate jurisdiction to remedy a
violation of a binding element when there is reason to believe that the
existence of the binding element violation presents a serious threat to the
public health, safety and welfare, or if in the absence of immediate action,
the effects of the binding element violation will be irreparable or
irreversible. (Ord. 01-01 § 8)
16.08.090 Violation--Penalty.
Any person who violates a binding element shall be subject to a
fine of not less than five hundred dollars ($500.00) nor more than four
thousand dollars ($4,000.00) and shall comply with such remedial orders as may
be issued by the planning commission or the City of Indian Hills. Each day
during which the binding element violation exists after the period granted by
Section 16.08.040 to remedy the violation shall be deemed a separate offense. (Ord. 01-01 § 9)