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HB 422/LM (BR 1383) - M. Meredith, R. Meyer, A. Koenig, C. Tackett

     AN ACT relating to local code enforcement.
     Amend KRS 65.8805 to add to the definition of "local government" and additional definitions; amend KRS 65.8808 to clarify the violations that may be enforced by a code enforcement board; amend KRS 65.8811 to clarify procedures for when a vacancy is not filled; amend KRS 65.8815 to require regular meetings to be set by ordinance for the code enforcement board and permit special or emergency meetings; create a new section of KRS 65.8801 to 65.8839 allow code enforcement boards to appoint hearing officers when authorized by local ordinance and set duties and authorities; amend KRS 65.8821 to strike language relating to hearing officers to make conforming amendment and allow code enforcement officers to serve subpoenas issued by hearing officers; amend KRS 65.8825 to make conforming amendment for the utilization of hearing officers in the enforcement proceeding process, acknowledge the alternative fine availability, allow lienholders to be notified of citations, and establish notice provisions for the issuance of final orders to cited violators; amend KRS 65.8828 to allow notification of lienholders with an interest in subject properties of hearings and establish protocols for final orders for code enforcement boards for orders issued preliminarily by hearing officers; amend KRS 65.8831 to state statutory citations for orders that may be brought to the District Court, clarify that the District Court hears the appeal de novo, and clarify when no appeal is filed with a District Court within 30 days, that the order of the board is final; amend KRS 65.8835 to direct how liens are placed on property for subjects of citations and set out permitted inclusions on the lien itself; create a new section of KRS 65.8801 to 65.8839 to establish a lien notification system for local governments to use to notify interested individuals of the placement of liens upon properties; amend KRS 65.8838 to include "imminent danger" as a condition when a local government may take immediate corrective action; create a new section of KRS Chapter 65 to define various terms and establish various nuisances relating to vehicles and machinery in various states of repair, uninhabited mobile or manufactured homes, rubbish and excessive weeds and grass, to include unsafe structures on properties, as well as set conditions and processes for liens; amend KRS 99.710 to allow the duties assigned a vacant properties commission to be assigned to a local code enforcement board; amend KRS 382.135 to include the full name of the grantor and grantee in with the deed to real property; amend KRS 426.530 to make a conforming amendment for a repeal; create a noncodified section to set construction and effect of certain repealed statutes; repeal KRS 82.700 to 82.725 and 381.770.


HB 422 - AMENDMENTS

     HCS1/LM - Retain original provisions of the bill but further amend Section 5 to require the local government using hearing officers to adopt by ordinance provisions relating to appeals procedures for the final orders of hearing officers, including the ability to appeal in District Court; further amend Section 7 to modify the citation issued by code enforcement officers to include the possible use of hearing officers, and note that if a person fails to pay a civil fine that the person shall be deemed to have waived the right to appeal the final order to District Court, and set out statutory procedures for the waiving of the right to appeal in District Court; further amend Section 8 to note that a waiver of appeal in District Court occurs when a person requests a hearing, but does not appear at the hearing, and relating to the board determination of the commission of a violation, that the board may, rather than being required to, order the offender to pay a civil fine or remedy the violation; make technical correction to internal references contained in Section 9; further amend Section 11 to allow notification, relative to the lienholder notification system that provides notification of final orders, to be satisfied with the provision of an electronic link to the required elements, and require the notice to be put on a website either fully or in summary form as set out in the bill, and clarify that a local government may record a lien sooner than the 45 day period allowed in the section, and require that if the lien is satisfied prior to the expiration of the 45 day period, that the local government is to release the lien within 15 days of the satisfaction; further amend Section 13 to create the section as a new section of KRS Chapter 65, rather than stipulate the range of statutes to which it would be created within, and provide that the provisions of the section may be enforced through a code enforcement board.

     Feb 17, 2016 - introduced in House
     Feb 18, 2016 - to Local Government (H)
     Feb 19, 2016 - posted in committee
     Mar 16, 2016 - reported favorably, 1st reading, to Consent Calendar
     Mar 17, 2016 - 2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, March 18, 2016
     Mar 18, 2016 - taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
     Mar 21, 2016 - 3rd reading, passed 97-0 with Committee Substitute (1)
     Mar 22, 2016 - received in Senate
     Mar 23, 2016 - taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); to State & Local Government (S)
     Mar 25, 2016 - reported favorably, 2nd reading, to Rules as a Consent Bill
     Mar 28, 2016 - posted for passage in the Consent Orders of the Day for Monday, March 28, 2016 (Consent Orders #1); 3rd reading, passed 34-4
     Mar 29, 2016 - received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 09, 2016 - signed by Governor (Acts, ch. 86)