HB 119/LM (BR 440) - A. Simpson, A. Koenig
AN ACT relating to code enforcement boards.
Amend KRS 65.8808 to permit ordinances for code enforcement boards to include a schedule of civil penalties that may be imposed on any person found to have committed a civil offense by the code enforcement board; list maximum civil penalties that may be imposed; specify that each section of an ordinance violated shall be considered a separate finable offense; specify that if two or more sections of an ordinance are violated, the civil penalties shall be cumulative and be enforced within the same citation; consider each day a violation exists a separate offense upon issuance of a separate citation; provide that upon the issuance of a fifth citation for the same civil offense each day that the violation continues shall be considered a separate offense without the need for additional citations; amend KRS 65.8825 to require that the code enforcement board citation shall include information detailing the maximum civil fine that may be imposed if the citation is being issued for either the first, second, third, or fourth violations of an ordinance and the maximum daily rate of civil fines if the citation is being issued for the fifth or more violations of an ordinance.
HB 119 - AMENDMENTS
HCS/LM - Amend Section 1 to specify that a local government may include within the ordinance creating a code enforcement board a schedule of civil penalties that establishes categories of penalties that are based upon the number of times a citation is issued for the same offense; require the schedule of penalties to include for each category a specific civil fine that may be imposed; allow each section of an ordinance violated to be considered a separate offense subject to a fine and if two or more sections are violated, the civil penalties shall be cumulative and enforced within the same violation; provide that a local government may include within its ordinance that each day a violation exists shall be considered a separate offense; specify that with notification under Section 2 of this Act local governments shall not be required to issue additional citations for continuing violations of the same ordinance for a period of up to 90 days; amend Section 2 to establish a procedure that the violator shall follow in order to notify the local government that the offense has been abated; and require inspection by the local government upon receipt of that notification from the violator.
(Prefiled by the sponsor(s).)
Jan 8-introduced in House
Jan 9-to Local Government (H)
Jan 16-posted in committee
Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 20-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 21, 2008
Feb 27-3rd reading, passed 95-0 with Committee Substitute
Feb 28-received in Senate
Mar 3-to Judiciary (S)
Mar 24-taken from committee Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 25-taken from committee Judiciary (S); 2nd reading; recommitted to Judiciary (S)