1. Enforcement Officials.
   1. The Urban Forester shall administer, interpret, and enforce all provisions related to trees, shrubs, and other types of landscaping and plantings, both naturally occurring and installed by humans.
   2. The Historic Preservation Officer shall administer, interpret, and enforce all provisions related to historic preservation and design review.
   3. The Administrator shall administer, interpret, and enforce all other provisions of this NDC.  These two positions are collectively referred to as "the enforcement official" for the remainder of this Article. 
2. Compliance Required. No person shall develop or use any land, building, or structure within the City in violation of this NDC, regulations authorized under this NDC, or the terms and conditions of permits issued under this NDC. The use of any land or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to conform shall be a violation of this NDC.
3. Continuation of Prior Enforcement Actions. Nothing in this NDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this NDC. Enforcement actions initiated before the effective date of this NDC, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this NDC.

1. Inspections. Make inspections of any premises necessary to carry out the enforcement of this NDC; and
2. Citations. Issue citations for violations of this NDC 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 Article.

1. Payment. Paying the civil fine set forth in the citation; or
2. Hearing. Requesting, in writing, a hearing before the Code Enforcement Board to contest the citation.

1. No Violation Committed. When the Code Enforcement Board determines that no violation was committed, an order dismissing the citation shall be entered.
2. Violation Committed. When the Code Enforcement Board 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, or may order the offender to remedy a continuing violation within a specified period of time to avoid the imposition of the fine, or both.

1. Use. To use land or buildings in any way inconsistent with the requirements of this NDC;
2. Development Activity. To engage in development activity in any way inconsistent with the requirements of this NDC;
3. Signs. To install or use a sign in any way inconsistent with the requirements of this NDC;
4. Permits or Approvals. To engage in the use of a building or land, the use or installation of a sign, or development activity requiring one or more permits or approvals under this NDC:
   1. Without obtaining all such required permits or approvals; or
   2. In a manner that violates or is inconsistent with the terms of any permit or approval granted under this NDC or any condition imposed on such permit or approval.
5. Notice. To obscure, obstruct, or destroy any notice required to be posted or otherwise given under this NDC; or

6. Orders. To violate any lawful order issued by any person or entity under this NDC.

Civil Offense of Floodplain Development Permit. If at any time development occurs which is not in accordance with the provisions of this article, including obtaining or complying with the terms and conditions of a floodplain development permit and any approved modifications, such development shall constitute a civil offense.

1. Mailed Notice. The enforcement official shall send a violation notice by certified mail, postage prepaid, return receipt requested, to the property owner on which the violation is taking place. Such notification shall contain: ​​​​​​
   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 offense or violation was committed;
   4. The facts constituting the offense or violation;
   5. The section of the code or number of the ordinance violated;
   6. The name and contact information of the enforcement official;
   7. The civil fine that will be imposed for the violation if the person does not contest the citation;
   8. The maximum civil fine that may be imposed if the person elects to contest the citation;
   9. The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
   10. A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation, within the 14 days, the person will be deemed to have waived the right of a hearing before the Code Enforcement Board to contest the citation and that the determination that a violation was committed will be final.
2. Posted Notice. Any citation that is issued for violation of this NDC shall be served upon the owner of the property or any individual with a legal interest in the property by:
   1. Personal service to the alleged violator;
   2. Leaving the notice at the person's usual place of residence with any individual residing there who is 18 years of age or older and who is informed of the contents of the notice; or
   3. Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail of the United States Postal Service to the owner of record of the property if no one is on the premises at the time the citation is issued.
3. Code Enforcement Board Notice. After issuing a citation to an alleged violator of this NDC, the enforcement officialshall notify the Code Enforcement Board by delivering the citation to the Code Enforcement Board, established in Title IX, General Regulations, Chapter 92.16, Establishment of Code Board; Powers, of the City Code of Ordinances. 

1. Content. If, at any time, the Floodplain Administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of Division 14, Environment, including obtaining or complying with the terms and conditions of a floodplain development permit and any approved associated modifications, the Floodplain Administrator shall issue a notice to the person responsible for the violation and/or the property owner, stating:
   1. The facts of the offense or violation,
   2. The section of this NDC and/or of the permit violated, when it occurred, how the violation is to be remedied to bring the development into conformity with this NDC or with the approved permit, and
   3. Within what period of time the remedy is to occur. 
2. Timing. The period of time shall be reasonable and shall be determined by the nature of the violation and whether or not it creates a nuisance or hazard.  The remedy may include an order to stop work on the development.  The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken, which citation will request a civil monetary fine and shall state the maximum fine which could be imposed. 

1. Contents. A Notice of Citation may be issued if, at any time, the Floodplain Administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of Division 14, Environment, including obtaining or complying with the terms and conditions of a floodplain development permit and any approved associated modifications, the Floodplain Administrator may issue a citation to the offender stating:
   1. The violation; 
   2. Prior notices of violation issued; 
   3. How the violation is to be remedied to bring the development into conformity with this Division or with the approved permit; 
   4. Within what period of time the remedy is to occur; and
   5. What penalty or penalties are recommended.  
2. Timing. When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the citation or requesting a hearing before the governing body.  If the person to whom the citation is issued does not respond to the citation within seven days, that person shall be deemed to have waived the right to a hearing and the determination that a violation occurred shall be considered final.
    

Failure to Comply. Any person, firm, corporation, or entity that violates any provision of this NDC is subject to a civil fine or fines as set forth in Title IX, General Regulations, Chapter 92.99, Penalty, of the City Code of Ordinances and the laws of the Commonwealth of Kentucky.

Placing of Liens. The City shall possess a lien for all fines, penalties, charges, attorney's fees and other reasonable costs associated with enforcing this NDC and placing of a lien on the parcel of real property pursuant to this NDC. The lien shall be superior to and have priority over all other liens, except state, county, school board, and City taxes if all legal requirements are satisfied.

Abatement of Violation. The imposition of penalties shall not preclude the enforcement official 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 this NDC.

1. Withhold Permits and Approvals. The enforcement official may deny or withhold all permits, certificates, or other approvals on any land, structure, or improvements:
   1. Upon which there is an uncorrected violation of a provision of this NDC or of a condition or qualification of a permit, certificate, approval, or other approvals 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 this NDC or of a condition or qualification of a permit, certificate, approval, or other approvals previously granted by the City.
2. Revocation of Occupational License. The enforcement official may revoke an occupational license of any person of any person performing work without a required permit or approval. 
3. Approval of Permits. Instead of withholding or denying a permit or other approval, the enforcement official may grant such approval if adequate assurances are in place to ensure correction of the violation and provided that granting the permit or approval will not compromise the public health, safety, or general welfare.
4. Revoke Permits and Approvals. 
   1. Generally. Any permit or other forms of approval required under this NDC may be revoked: 
      1. When the enforcement official determines:
         1. That any of the provisions of this NDC are being violated;
         2. That the development permit was procured by false representation or was issued by mistake; or
         3. That there is a departure from the plans, specifications, or conditions as required under terms of the permit;
      2. Where permits are mistakenly issued, in which case an applicant is entitled to appeal the permit revocation to the Board of Architectural Review and Development (BOARD); or
   2. Posting. The enforcement official may 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 authorized agent, or the user or occupant of the property, shall immediately stop the use or activity.
5. Stop-Work Order.
   1. Whenever any work on a building is being conducted in violation of this NDC, the enforcement official may order the work to be immediately stopped.
   2. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
   3. Violation of a stop-work order constitutes a misdemeanor.
6. Revoke Plans or Related Approvals. Where a violation of this NDC involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected), revoke the plan or other approval or condition to ensure strict compliance with this NDC, 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 shall be in a form approved by the City.
7. Forfeiture and Confiscation of Signs. Any sign installed or placed on public property, except in full compliance with the regulations of Division 13, Signs, is subject to forfeiture to the City and to confiscation. In addition to other remedies and penalties of this section, the City has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

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, this NDC 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.

1. FEMA and the Chief Engineer of the Division of Water of the Commonwealth of Kentucky Department of Environmental Protection shall be notified immediately in writing of any property or structure in violation of the floodplain regulations of the adopted NDC.
2. New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of the adopted NDC.