As the old adage goes, “You can’t fight City Hall!” But, you can. Here are two examples.
If you think your City or County Code Enforcement Officer has improperly cited you for a violation of an ordinance or zoning regulation, in most places, you can contest the Citation to the local Code Enforcement Board. Under Chapter 65 of the Kentucky Revised Statutes, local governments are empowered to enforce local codes and ordinances as civil violations by way of code enforcement ordinances. Civil fines can be levied; and the fines may be enforced by a lien on your property. If you have been cited for a code enforcement violation in such a jurisdiction, you have seven days within which to either pay the civil fine and make arrangements to come into compliance with the ordinance or regulation; or you may contest the citation and ask for a hearing in front of the Board. At the hearing, the Code Enforcement Officer will be required to prove that you are in violation of the ordinance or regulation; you will be given the opportunity to show why the citation was issued in error, and why you should not be held responsible for the violation - or why you should not be fined. Either party may appeal the decision of the Code Enforcement Board to the District Court of the county in which your property lies.
Another way that you can fight City Hall is to challenge a decision of a local Planning & Zoning Commission or Board of Adjustment. For example, most local zoning regulations require that any building or structure be built a certain distance from the property line. These are called setbacks. Let’s say, for example, that your neighbor wants to build a garage or other addition onto his or her home, but it will not fit without encroaching into the setback. Your neighbor could apply to the local Board of Adjustment for a Variance from the setback regulation. However, approval of the variance is not automatic. Your neighbor must prove that refusal to allow for the Variance would create a hardship, or would deprive the neighbor of the reasonable use of his or her land. There must be evidence admitted for the Board of Adjustment to make the required findings. If you believe that there is a lack of evidence, or that you would be injured or aggrieved by approval of the Variance, you may challenge that and produce your own evidence at the Board of Adjustment hearing. Either party may appeal the decision of the Board of Adjustment to the Circuit Court of the county in which the property lies.
These are two examples of how you can fight City Hall. There are others. If you believe that your local government has made a mistake, or has done something unlawful or improper, always feel free to contact your City or County official for a full explanation. If you are still not satisfied, you should avail yourself of the procedures to contest the action or inaction, and you may want to contact your attorney for guidance.
This Blog is not legal advice, and is not intended to be legal advice. Should you have any questions regarding the subject matter, please contact, Michael A. Duncan, Esq., at Ziegler & Schneider, P.S.C., (859) 426-1300, for additional information.
*Mike Duncan serves as the City Attorney for the City of Alexandria (since 1991), Walton (since 2017) & Warsaw (since 2001), and has practiced local government law for nearly 40 years. Mike was an Adjunct Law Professor for 15 years at the Chase College of Law, Northern Kentucky University, where he taught Land Use & Zoning, and Municipal Law.*