§ 158.999. PENALTY.

(A) In case any building or structure is, or is proposed to be erected, constructed, reconstructed, repaired, converted or maintained, or any building, structure or land is, or is proposed to be used in violation of this chapter, the Building Inspector, Code Enforcement Officer, or Joint City-County Planning Commission staff member or any other appropriate authority, or any adjacent or neighboring property owner who would be damaged by the violation, in addition to other remedies, may institute an injunction, mandamus or other appropriate action or proceeding to prevent the work or occupancy of that building, structure or land in any court of competent jurisdiction.

(1989 Code, § 154.998)

(B) The provisions of this zoning ordinance are to be administered and enforced by one or more Zoning Enforcement Officers, including the City of Glasgow Code Enforcement officer, the City of Glasgow Building Inspector, or the Joint City-County Planning Commission staff. Designated enforcement personnel have the power and duty to:

(1) Make inspections of any premises necessary to carry out the enforcement of this zoning ordinance.

(2) Issue citations for violations of this zoning ordinance in accordance with the provisions of KRS 100.991, the procedures as set forth in KRS 431.015 and the procedures set forth in this chapter.

(C) Upon representation of official credentials any zoning enforcement officer, defined by division (B) of this section may enter premises within the jurisdiction of this Zoning Chapter, during reasonable hours, for the purposes of determining compliance with the provisions of this Zoning Chapter conditions established at the time of development approval.

(D) All buildings, land used and structures erected, converted, enlarged, reconstructed, moved, or structurally altered, as well as any land developed must comply with all applicable provisions of the Zoning Ordinance, Barren County Subdivision Regulations, any applicable storm water management or erosion control regulations, any applicable ordinances set forth by the City of Glasgow, and any findings due to a zone change hearing conducted by the Joint City-County Planning Commission.

(1) For definitive purposes a VIOLATION is any contradiction to any aforementioned development regulation, be it willfully or unknowingly.

(2) For definitive purposes DEVELOPMENT REGULATIONS include any and all applicable provisions of the Zoning Ordinance, Barren County Subdivision Regulations, any applicable ordinances set forth by the City of Glasgow, and any findings due to a zone change hearing conducted by the Joint City-County Planning Commission.

(E) Each day that a violation remains uncorrected after receiving notice of the violation from any Zoning Enforcement Officer constitutes a separate violation of this zoning chapter for purposes of calculating cumulative penalties.

(F) The owner of any land or structure will be presumed to know of activity occurring on the premises and thus will be charged with a violation of the development regulations for any violation found on the premises. Where an architect, engineer, contractor, builder, agent or other person appears to have participated directly in a violation of the development regulations, the Zoning Enforcement Officer may also charge such person with a violation of this Zoning Chapter.

(G) Unless otherwise expressly stated by this Zoning Chapter or state law, any violation of the development regulations, including but not limited to the following, will be subject to the remedies and penalties provided for in this section:

(1) To use land or buildings in any way inconsistent with the requirements of the development regulations;

(2) To engage in development activity in any way inconsistent with the requirements of the development regulations.

(3) To engage in the use of a building, land or development activity requiring one or more permits or approvals under the development regulations without obtaining all such required permits or approvals;

(4) To engage in the use of a building, land, or development activity requiring one or more permits under the development regulations in any way inconsistent with any such permit or approval conditions imposed thereon;

(5) To violate the terms of any permit or approval granted under the development regulations or any condition imposed on such permit or approval.

(6) To violate any lawful order issued by any person or entity under the development regulations.

(H) The Zoning Enforcement Officer will deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements thereon:

(1) Upon which there is an uncorrected violation of a provision of the development regulations or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city; and

(2) Owned or being developed by a person who owns, developed, or otherwise caused an uncorrected violation of a provision of the development regulations or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the City of Glasgow.

(I) Instead of withholding or denying a permit or other authorization, the official with authority to approve the permit or authorization may grant such authorization if adequate assurances are in place to ensure correction of the violation and provided that granting the permit or authorization will not compromise the public health, safety, or general welfare.

(J) Any permit or other form of authorization required under the development regulations may be revoked by the Zoning Enforcement Officer or by any official with authority to issue such permit, as defined in division (B) of this section, when the Zoning Enforcement Officer or other authorized official determines:

(1) That there is departure from the plans specifications, or conditions as required under terms of the permit or approval. A departure from plans approved by the Joint City-County Planning Commission shall require the owner to present revised plans and applicable fees at a formal meeting for approval of the Planning Commission;

(2) That the development approval was procured by false representation; and/or

(3) That any of the provisions of the Development Regulations are being violated.

(K) The Zoning Enforcement Officer is authorized to issue or post, in a prominent location, a notice of revocation and order requiring the use or construction to stop immediately. Upon receipt of the notice of revocation, the property owner or the authorized agent, or the user or occupant of the property must immediately stop the use or activity. The Zoning Enforcement Officer is also authorized to file an informal stop work order with any other city entity that the owner must obtain a permit, or approval from.

(L) Where a violation of the development regulations involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject to the City of Glasgow may, upon notice to the applicant and other known parties of interest (including any holders of building permits affected), revoke the plan or other approval or condition to ensure strict compliance with the development regulations, or require the provision of financial security to ensure that construction is completed in compliance with approved plans, or impose such other reasonable conditions. Any required financial security must be in a form approved by the City of Glasgow.

(M) The city may commence a civil action or proceeding in court to stop any violation of the development regulations or of a permit, certificate, or any other form of authorization granted hereunder, to remove a violation, or to restore the premises in question to the condition in which they existed prior to violation.

(N) The relief sought pursuant to this section may include:

(1) An injunction or other equitable relief;

(2) An order in the nature of mandamus or abatement;

(3) A declaratory judgment action;

(4) A judgment or order enforcing any requirement of, or under the development regulations to pay a fee or reimburse or compensate the city, including when the city is required or authorized to take specified action at the expense of the landowner; or

(5) Any other judgment or order available under Kentucky law.

(O) When a Zoning Enforcement Officer, based upon personal observation or investigation has reasonable cause to believe that a person has committed a violation of the Development Regulations the officer is authorized to issue a citation to the offender. When authorized, a Zoning Enforcement Officer may, in lieu of immediately issuing a citation, give notice that a violation can be remedied within a specified time period. If the person to whom the notice is given fails or refuses to remedy the violation within the time specified, the Zoning Enforcement Officer is authorized to issue a citation.

(P) If the Zoning Enforcement Officer elects to give notice of violation in lieu of immediately issuing a citation, this notice should be sent to the offending party by certified mail at the last known address of the party or hand delivered.

(Q) The City of Glasgow has the authority to possess a lien on real property owned by the person found to be in violation of the development regulations for all fines assessed for the violation and for all charges and fees incurred by the City in connection with the enforcement of this code. The lien must be notice to all persons from the time of its recording and must bear interest at the legal rate until paid. The lien must take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings.

(R) In addition to the remedy prescribed in division (O) above, the person found to have committed the violation will be held personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the person and will have the same remedies as provided for the recovery of a debt.

(S) Any person, firm, corporation, or entity that violates any provision of this subchapter is subject to a civil fine of not less that $100 per day per violation but not more than $500 per day per violation, or the cost to the City of Glasgow to abate the violation, or both.

(T) As an additional alternative remedy to the above penalty, any violator who violates any provision of this chapter and has been previously issued two or more citations of violations of this chapter on the same property within a twelve month period may be assessed additional civil penalties of $500 per day per violation.

(U) The City of Glasgow must possess a lien for all fines, penalties, charges, attorney’s fees and other reasonable costs associated with enforcing this code and placing of a lien on the parcel of real property pursuant to this code. The lien must be superior to and have priority over all other subsequently filed liens, except state, county, school board, and city taxes.

(V) The imposition of the penalties herein prescribed will not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises in violation of the development regulations.

(W) Any person violating the provisions of § 158.005 shall be deemed guilty of a violation and shall be fined, upon conviction by the Code Enforcement Board, not less than $50, nor more than $300 with each day that any violation or failure to comply occurs, or is continued, constituting a separate offense.

(X) Any person violating the provisions of § 158.550 shall be deemed of a violation and shall be fined, upon conviction by the Planning Commission, not less than $2.50 per completed square feet built, nor more than $5 per completed square feet built within 12 months of certificate of occupancy.

(Ord. 2774, passed - -; Am. Ord. 2803, passed 10-22-2012; Am. Ord. 2018-2916, passed 4-9-2018)