Property Maintenance Citation
Issuance of Citation: If a code enforcement officer believes, based on the officer's personal observation or investigation, that a person has violated the property maintenance code, the officer may issue a citation to the property owner, resident, tenant, occupant, persons having control or management of the property or other violator. The citation shall represent a determination by the code enforcement officer that a violation has been committed and that determination shall be final unless it is contested by the alleged violator by appealing to the code enforcement board in the manner prescribed herein.
Appeal of Citation: When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven (7) days following the issuance by either paying the fines, charges, costs, penalties and/or fees, including administrative fees assessed therein, or by filing an appeal in writing with the city Public Works Director, at Public Works 1410 W 5th Street, Owensboro, Kentucky, 42301, requesting a hearing before the code enforcement board.
Penalties:
Any person violating any provision of division 1 of this article shall be subject to the following schedule of civil penalties in addition to any fees, charges, costs, or other amounts authorized therein.
(1)
Citations issued by the code enforcement officer for any violation of division 1 that are not contested or which are upheld by the code enforcement board or any court of proper jurisdiction, shall be subject to the following schedule of civil penalties for each violation. However, the code enforcement board may waive any or all of the penalty if it determines that such waiver will promote compliance with the property maintenance code.
Violation (Uncontested |
1st |
2nd Offense |
3rd + Offense |
Daily Civil Penalty | A daily civil penalty not to exceed $100.00 per day per property may be imposed by the code enforcement board after a hearing and a finding upholding a citation and where the violation has not been corrected. The code enforcement officer is permitted to petition the code enforcement board for a hearing to request the imposition of a daily fine for any violation. |
(2)
If the citation is contested and a hearing before the code enforcement board is required, the following maximum civil penalties may be imposed at the discretion of the code enforcement board.
Violation (Uncontested |
1st |
2nd Offense |
3rd + Offense |
Property Maintenance and Nuisances—Structural Violations | $200.00 | $400.00 | $800.00 |
Property Maintenance and Nuisances—Non-Structural Violations | $150.00 | $300.00 | $600.00 |
Other Violations | $200.00 | $400.00 | $800.00 |
Daily Civil Penalty | A daily civil penalty not to exceed $100.00 per day per property may be imposed by the code enforcement board after a hearing and a finding upholding a citation and where the violation has not been corrected. The code enforcement officer is permitted to petition the code enforcement board for a hearing to request the imposition of a daily fine for any violation. |
Additional Fees or Charges if Applicable:
- Administrative fee of $100 per citation to cover the cost associated with enforcing these regulations will be added
- A 2.5% convenience fee will be added to your bill for payments made with a debit/ credit card
- Any and all costs incurred to have the city or private contractor immediately and professionally resolve the issue(s)