CHAPTER 34:  PUBLIC RECORDS - Back to Top

Section

 General

 Procedures for Requesting Public Records

 GENERAL

࿙ 34.01  DEFINITIONS. - Top of Section

 For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

 CITY.  The city government of this city.

 COMMERCIAL PURPOSE.  The direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee.  COMMERCIAL PURPOSE shall not include:

  (1) Publication or related use of a public record by a newspaper or periodical;

  (2) Use of a public record by a radio or television station in its news or other informational programs; or

  (3) Use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties.

 CUSTODIAN.  The official custodian or any authorized person having personal custody and control of public records.  The CUSTODIAN having personal custody of most of the public records of this city is the City Clerk.

 MECHANICAL PROCESSING.  Any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor, or other automated device.

 MEDIA.  The physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes, and cards.

 OFFICIAL CUSTODIAN.  The chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care, and keeping of public records, regardless of whether such records are in his actual personal custody and control. The

 OFFICIAL CUSTODIAN of this city shall be the Mayor.

 PERSON.  A human being who makes a request for inspection of public records.

 PRESCRIBED FEE or FEE.  The fair payment required by the city for making copies of public records and for mailing public records, which shall not exceed the actual cost thereof and shall not include the cost of required staff time.

 PUBLIC AGENCY.  The city, including its legislative body and every officer, department and division of the city; every entity created by authority of the city; any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency created and controlled by the city; and any interagency body in which the city participates.

 PUBLIC RECORDS.  All books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by the public agency.  PUBLIC RECORDS shall not include any records owned or maintained by or for the public agency that are not related to functions, activities, programs, or operations funded by the public agency nor any records that may be excluded by ࿙ 34.16.

 REQUEST.  An oral or written application by any person to inspect public records of the agency.

 SOFTWARE. The program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency's computer system.  SOFTWARE consists of the operating system, application programs, procedures, routines, and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency.

(KRS 61.870)

 PROCEDURES FOR REQUESTING PUBLIC RECORDS

࿙ 34.05  INITIAL REQUEST WITH IMMEDIATE INSPECTION. - Top of Section

 (A) Any person desiring to inspect or copy the public records of this city shall make a request for inspection at the office of the City Clerk during regular office hours, except during legal holidays.  The official custodian, or the custodian acting under the authority of the official custodian, may require a request to inspect public records to be in writing, signed by the applicant and with the applicant's name printed legibly on the application.  A written request to inspect public records may be presented by hand delivery, mail or via facsimile, if one is available.

 (B) If the custodian determines that a person's request is in compliance with this chapter and the open records law, and the requested public records are immediately available, the custodian shall deliver the records for inspection.  A person may inspect public records at the designated office of the city during the regular office hours, or in appropriate cases, by receiving copies of the records through the mail.

 (C) If the public records are to be inspected at the offices of the city, suitable facilities shall be made available in the office of the City Clerk or in another office of the city as determined by the official custodian or custodian for the inspection.  No person shall remove original copies of public records from the offices of the city without the written permission of the official custodian of the record.  When public records are inspected at the city offices, the person inspecting the records shall have the right to make abstracts and memoranda of the public records and to obtain copies of all written public records.  When copies are requested, the custodian may require advance payment of the prescribed fee.

 (D) Upon proper request, the city shall mail copies of the public records to a person whose residence or principal place of business is located outside of the county after the person precisely describes the public records which are readily available and after the person pays in advance the prescribed fee.

࿙ 34.06  REFERRAL TO PROPER CUSTODIAN. - Top of Section

 If the City Clerk does not have custody or control of the public record or records requested, the City Clerk shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.

(KRS 61.872(4))

࿙ 34.07  PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE. - Top of Section

 If the public record is in active use, in storage, or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time, and date for inspection or mailing of the public records, not to exceed three days (excepting Saturdays, Sundays, and legal holidays) from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection or duplication.

(KRS 61.872(5))

࿙ 34.08  REFUSAL OF UNREASONABLE REQUESTS. - Top of Section

 If the application places an unreasonable burden in producing public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies thereof.  However, refusal under this section must be sustained by clear and convincing evidence.

(KRS 61.872(6))

࿙ 34.09  TIME LIMITATION; DENIAL OF INSPECTION. - Top of Section

 The official custodian, upon any request for records made under this chapter, shall determine within three days (excepting Saturdays, Sundays, and legal holidays) after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the three-day period of its decision.  Any agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld.  The response shall be issued by the official custodian or under his authority and shall constitute final agency action.

(KRS 61.880)

࿙ 34.10  CONCEALING OR DESTROYING RECORDS PROHIBITED. - Top of Section

 No official of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.

࿙ 34.11  ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL. - Top of Section

 Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of ࿙ 34.16 of these rules and regulations.

(KRS 61.884)

࿙ 34.12  FORMAT OF COPIES. - Top of Section

 (A) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of ࿙ 34.16. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee, including postage where appropriate. If the applicant desires copies of public records other than written records, the custodian of the records shall duplicate the records or permit the applicant to duplicate the records; however, the custodian shall ensure that such duplication will not damage or alter the original records.

 (B) (1) Nonexempt public records used for noncommercial purposes shall be available for copying in either standard electronic or standard hard copy format, as designated by the party requesting the records, where the agency currently maintains the records in electronic format. Nonexempt public records used for noncommercial purposes shall be copied in standard hard copy format where agencies currently maintain records in hard copy format. Agencies are not required to convert hard copy format records to electronic formats.

  (2) The minimum standard format in paper form shall be defined as not less than 8࿎ inches x 11 inches in at least one color on white paper, or for electronic format, in a flat file electronic American Standard Code for Information Interchange (ASCII) format. If the public agency maintains electronic public records in a format other than ASCII, and this format conforms to the requestor's requirements, the public record may be provided in this alternate electronic format for standard fees as specified by the public agency. Any request for a public record in a form other than the forms described in this section shall be considered a nonstandardized request.

(KRS 61.874(1) - (3))

࿙ 34.13  FEES FOR COPIES. - Top of Section

 (A) The public agency may prescribe a reasonable fee for making copies of nonexempt public records requested for use for noncommercial purposes which shall not exceed the actual cost of reproduction, including the costs of the media and any mechanical processing cost incurred by the public agency, but not including the cost of staff required. If a public agency is asked to produce a record in a nonstandardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred.

 (B) (1) Unless an enactment of the General Assembly prohibits the disclosure of public records to persons who intend to use them for commercial purposes, if copies of nonexempt public records are requested for commercial purposes, the public agency may establish a reasonable fee.

  (2) The public agency from which copies of nonexempt public records are requested for a commercial purpose may require a certified statement from the requestor stating the commercial purpose for which they shall be used, and may require the requestor to enter into a contract with the agency. The contract shall permit use of the public records for the stated commercial purpose for a specified fee.

  (3) The fee provided for in division (B)(1) of this section may be based on one or both of the following:

   (a) Cost to the public agency of media, mechanical processing, and staff required to produce a copy of the public record or records;

   (b) Cost to the public agency of the creation, purchase, or other acquisition of the public records.

(KRS 61.874(3),(4))

Cross-reference:

 Fees for online access to public records, see ࿙ 34.15

࿙ 34.14  MISSTATEMENT OF PURPOSE PROHIBITED. - Top of Section

 It shall be unlawful for a person to obtain a copy of any part of a public record for a:

 (A) Commercial purpose, without stating the commercial purpose, if a certified statement from the requestor was required by the public agency pursuant to ࿙ 34.13;

 (B) Commercial purpose, if the person uses or knowingly allows the use of the public record for a different commercial purpose; or

 (C) Noncommercial purpose, if the person uses or knowingly allows the use of the public record for a commercial purpose. A newspaper, periodical, radio or television station shall not be held to have used or knowingly allowed the use of the public record for a commercial purpose merely because of its publication or broadcast, unless it has also given its express permission for that commercial use.

(KRS 61.874(5)) Penalty, see ࿙ 10.99

࿙ 34.15  ONLINE ACCESS TO PUBLIC RECORDS IN ELECTRONIC FORM. - Top of Section

 (A) Online access to public records in electronic form may be provided and made available at the discretion of the public agency. If a party wishes to access public records by electronic means and the public agency agrees to provide online access, a public agency may require that the party enter into a contract, license, or other agreement with the agency, and may charge fees for these agreements.

 (B) Fees shall not exceed:

  (1) The cost of physical connection to the system and reasonable cost of computer time access charges; and

  (2) If the records are requested for a commercial purpose, a reasonable fee based on the factors set forth in ࿙ 34.13.

(KRS 61.874(6))

࿙ 34.16  PUBLIC RECORDS PROTECTED FROM DISCLOSURE. - Top of Section

 (A) The following public records are excluded from the application of this chapter and these rules and regulations and shall be subject to inspection only upon order of a court of competent jurisdiction, except as provided in KRS 61.878(1) that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery:

  (1) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.

  (2) Records confidentially disclosed to an agency and compiled and maintained for scientific research.  This exemption shall not, however, apply to records the disclosure or publication of which is directed by other statute.

  (3) (a) Records confidentially disclosed to the agency, or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records.

   (b) Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which are compiled and maintained:

    1. In conjunction with an application for or the administration of a loan or a grant;

    2. In conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described in KRS Ch. 154;

    3. In conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae, or processes, which are used for the making, preparing, compound-ing, treating, or processing of articles or materials which are trade commodities obtained from a person; or

    4. For the grant or review of a license to do business.

   (c) The exemptions provided for in divisions (A)(3)(a) and (b) above, shall not apply to records the disclosure or publication of which is directed by statute.

  (4) Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within, or expanding within the Common-wealth.  This exemption shall not include those records pertaining to applications to agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in division (A)(2) above.

  (5) Public records which are developed by an agency in conjunction with the regulation or supervision of financial institutions, including but not limited to, banks, savings and loan associations, and credit unions, which disclose the agency's internal examining or audit criteria and related analytical methods.

  (6) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made by or for a public agency relative to the acquisition of property, until such time as all of the property has been acquired.  The law of eminent domain shall not be affected by this provision.

  (7) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again.

  (8) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication.  Unless exempted by other provisions of this chapter, public records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action.  The exemptions provided by this subdivision shall not be used by the custodian of the records to delay or impede the exercise of rights granted by this chapter.

  (9) Preliminary drafts, notes, or correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency.

     (10) Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies formulated or recommended.

     (11) All public records or information the disclosure of which is prohibited by federal law or regulation.

     (12) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.

 (B) No exemption under this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person.  In addition, if any public record contains material which is not excepted under this section, the city shall separate the excepted and make the nonexcepted material available for examination, subject to the possible applicability of ࿙ 34.08.

 (C) The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function.

 (D) No exemption under this section shall be construed to deny, abridge, or impede the right of a municipal employee, an applicant for employment, or an eligible on a register to inspect and copy any record, including preliminary and other supporting documentation, that relates to him.  Such records shall include, but not be limited to work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation.  A city employee, applicant, or eligible shall not have the right to inspect or copy any examination or any documents relating to ongoing criminal or administrative investigations by any agency.

࿙ 34.17  NOTIFICATION OF THE ATTORNEY GENERAL. - Top of Section

 The official custodian shall notify the Attorney General of any actions filed against the city in circuit court regarding the enforcement of the open records law, KRS 61.870 to 61.884.

CHAPTER 35:  TAXATION - Back to Top

Section

 General Provisions

 Agricultural and Undeveloped Land

 Tax Liens and Foreclosure

 Supplemental Tax for Trash Collection and Recycling Services

 GENERAL PROVISIONS

࿙ 35.01  (RESERVED). - Top of Section

࿙ 35.02  DUE DATE; PAYMENT. - Top of Section

 (A) All taxes, except ad valorem taxes on motor vehicles, shall become due on July 1.

 (B) All ad valorem taxes, except for motor vehicles, and all other taxes and assessments including assessments for services and service districts, due the city, shall receive a discount for prepayment of 10% if paid more than 30 days prior to the due date.  For ad valorem taxes on real property the discount shall apply to taxes paid prior to June 1 of any year.

(Ord. 91-1, passed 2-25-91; Am. Ord. 96-2, passed 5-6-96)

࿙ 35.03  DELINQUENCY. - Top of Section

 (A) Interest at an annual rate of 12% per annum, charged monthly, shall accrue on all ad valorem taxes, except for motor vehicles, and all other taxes and assessments including assessments for services and service districts, which remain unpaid as of their due date and on any assessed penalty due the city from the date of assessment.

 (B) A penalty, in addition to interest, shall be imposed on all ad valorem taxes, except for motor vehicles, which remain unpaid on November 1 on each year, and on all other taxes and assessments due the city which remain unpaid 120 days following their due date, in an amount equivalent to 25% of the original face amount of the tax bill or assessment.

 (C) Delinquent taxes shall be collectable under the provisions of the state law relating to the collection of delinquent taxes by cities of the fourth class.

(Ord. 91-1, passed 3-25-91)

Cross-reference:

 Tax liens and foreclosure, see ࿙࿙ 35.40 et seq.

࿙ 35.04  AD VALOREM TAXES ON MOTOR VEHICLES. - Top of Section

 (A) All ad valorem taxes on motor vehicles shall be collected by the Jefferson County Clerk in accordance with KRS 134.800.

 (B) (1) Ad valorem taxes due on motor vehicles shall become delinquent following the earlier of [the following]:

   (a) The end of the month in which registration renewal is required by law; or

   (b) The last day of the second calendar month following the month in which a vehicle was transferred.

  (2) Unpaid ad valorem taxes on motor vehicles shall be subject to the penalty and interest provisions of in KRS 134.810 as the statute is now enacted or may be subsequently amended.

(Ord. 91-1, passed 2-25-91)

࿙ 35.05  DISPOSITION OF FUNDS. - Top of Section

 All monies collected from the taxes levied in this chapter shall be paid into the General Fund of the city to be used for the payment of proper expenditures as determined by the City Council.

࿙ 35.06  AMBULANCE DISTRICT TAX. - Top of Section

 (A) Upon notice from the Board of Trustees of the city Ambulance District, received prior to the mailing of each year's tax bills for the city, the City Administrator, the City Clerk, and the City Treasurer are directed to include the ad valorem tax levied by the District as a separate line item in each city ad valorem tax bill. All ad valorem taxes levied by the Ambulance District, and collected by the city pursuant to the authority of KRS 108.100 and KRS 108.105, within ten days of the end of each calendar month in which any such taxes are collected by the city, shall, without commission to the city, be turned over to the Board of the Ambulance District.

 (B) All taxes of the Ambulance District collected by the city shall be due on the same date as city taxes and shall carry the same interest and penalty, and shall be subject to attorney's fees for collection as are taxes due the city and as the city may provide from time to time through its tax collection ordinance.

 (C) The Ambulance District shall charge a tax on the assessed valuation on all property in the city in such amount as deemed sufficient by the Board of Trustees of the Ambulance District to fund the maintenance and operation of the District, but, as provided for by KRS 108.100(4), shall not exceed ten cents on each $100 of the assessed valuation of all property in the District.

(Ord. 806, passed   80; Am. Ord. 9511, passed 5195)

 AGRICULTURAL AND UNDEVELOPED LAND

࿙ 35.20  DEFINITIONS. - Top of Section

 For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 AGRICULTURAL LAND. Any tract of land, regardless of whether it is separately platted as a lot, including all income producing improvements located thereon, consisting of at least five contiguous acres, and if associated with a single family residence a part of an overall tract of at least seven contiguous acres, that is used for the production or grazing of livestock, poultry, or crops, including trees, or used for the cultivation of a garden, orchard, or the raising of fruits or nuts, vegetables, flowers, or ornamental plants, and tracts of land of at least five contiguous acres, regardless of whether platted as separate lots, that is maintained in its natural state, not having been cleared or otherwise improved, and that acts as a natural retention area for storm water runoff and furnishes a wildlife habitat.

 DEFERRED TAX. The difference in the tax assessed on agricultural land or undeveloped lots associated with a residence and the tax that would have been assessed if based on fair cash value.

 FAIR CASH VALUE. The estimated price property would bring at a fair voluntary sale. When newly subdivided lots, previously taxed as part of a whole, and undeveloped lots associated with a residence, previously assessed under ࿙ 35.21(D), are offered for sale, fair cash value shall be no less than 80% of the asking price of the lot, or, if transferred by sale at the time of assessment, the actual sale price.

 OFFERED FOR SALE. A lot will be considered as being offered for sale if a sign is posted on the lot indicating that the lot is available for sale, if the lot is advertised for sale in any manner, if the lot is listed with an agent for the purpose of sale, or it is transferred by sale.

 UNDEVELOPED LOTS ASSOCIATED WITH A RESIDENCE. Each separately platted lot on which no residence now exists, that is of sufficient area for the construction of a residence under the applicable zoning regulation, that is a part of a contiguous property, the whole of which is not less than 40,000 square feet, each separate lot being titled identically, and each person who has an interest in the whole having certified to the city that the property is not being held for sale or development and is being held as part of the whole tract associated with a single residence.

(Ord. 95-1, passed 2-6-95; Am. Ord. 95-10, passed 5195; Am. Ord. 95-12, passed 6595)

࿙ 35.21  ASSESSMENT OF PROPERTY. - Top of Section

  All property within the city shall be assessed at its fair cash value except as follows:

 (A) Property that is exempt from taxation under Section 170 of Kentucky's Constitution;

 (B) Property that is exempt from taxation under statutory law;

 (C) Agricultural land, which shall be assessed upon either its income producing capability or comparable sales of farm land used for similar purposes (if a residence exists on the land, a minimum of two acres shall be assessed at fair cash value); unimproved land that is maintained in its natural state shall be assessed at its fair market value based on sales of similar property;

 (D) Undeveloped lots associated with a residence, which shall be assessed at 25% of their otherwise fair cash value if held as a lot available for development (the reduced assessment shall not apply to the residence and the platted lot on which the residence is situated); and

 (E) Land subject to assessment under ࿙ 35.24.

(Ord. 95-1, passed 2-6-95; Am. Ord. 95-12, passed 6595)

࿙ 35.22  APPLICATION FOR SUBSTITUTE ASSESSMENT. - Top of Section

 Any taxpayer believing that all or a portion of their property qualifies to be assessed under ࿙ 35.21(C) or (D) shall, prior to January 1 of any calendar year, apply to the city for a substitute assessment. The application shall state with specificity the exception for which the applicant applies, the reasons the exception is applicable, and for an exception under ࿙ 35.21(D), provide the city with copies of the most recent deed for the property for which the exception is sought, a current plat of the property, and provide the city with the certification required of all titled owners. The initial determination on the application shall be made by the city's Tax Assessor. The Tax Assessor's determination may be appealed to the Supervisors of Taxes. Any appeal from the determination by the Supervisors of Taxes shall be taken according to state law. All property shall be assessed at fair cash value unless an application for exception is timely made and affirmatively acted upon by the Tax Assessors or Supervisors of Taxes.

(Ord. 95-1, passed 2-6-95; Am. Ord. 99-10, passed 11-8-99)

࿙ 35.23  DEFERRED TAXES. - Top of Section

 When land formerly assessed as agricultural land is changed to another use, or undeveloped lots associated with a residence are offered for sale, the land and its owners shall be subject to a deferred tax for the current year and for the two next preceding years. The deferred tax shall not be subject to penalty or interest for the current year or the next two preceding years if the amount of the deferred tax is paid to the city within 30 days of the date of assessment by the city and notice to the owners of the land.

(Ord. 95-1, passed 2-6-95)

࿙ 35.24  SCENIC EASEMENTS. - Top of Section

 Any separately platted lot of at least 20,000 square feet in area, on which no structure now exists, which except for the grant of a scenic easement to the city, that is accepted by the city, would be available for the construction of a business or residence under the zoning and other laws and regulations in effect at the time of the grant of the easement, and the area of which has not been nor in the future will be used in the calculation of the overall density of a larger tract for the purpose of development, shall be assessed at 10% of its otherwise fair cash value.

(Ord. 95-1, passed 2-6-95)

࿙ 35.25  TAX ASSESSOR. - Top of Section

 The Mayor shall annually appoint, subject to confirmation by the Council, a Tax Assessor who shall have the powers and be charged with carrying out the duties enumerated in KRS 92.490. The Tax Assessor shall take the oath of office required by the Constitution, shall serve without bond, and shall be compensated at the annual rate of $1,000.

(Ord. 95-1, passed 2-6-95)

࿙ 35.26  SUPERVISORS; EQUALIZATION OF ASSESSMENTS. - Top of Section

 The Mayor shall annually appoint, subject to confirmation by the Council, three supervisors of taxes who shall have the powers and be charged with carrying out the duties set out in KRS 92.510 for the equalization of assessments. The supervisors of taxes shall take the oath of office required by the Constitution, shall serve without bond, and shall and shall be compensated at the rate of $1 per day of service.

(Ord. 95-1, passed 2-6-95)

 TAX LIENS AND FORECLOSURE

࿙ 35.40  NOTICE OF DELINQUENCY. - Top of Section

 In addition to the regular tax bills, the City Clerk shall notify any taxpayer, via first class mail, at their last known address to the city, of any tax and interest due the city, that has not been timely paid, 30 days prior to the date the taxes become delinquent under this chapter and a penalty is assessed. A second notice shall be provided to the taxpayer 30 days prior to the date that  the city  instructs its  attorney to file liens against real property owned by the taxpayer. However, the failure of the City Clerk to give the notice required by this section shall not affect the liability of the taxpayer for taxes, penalty, interest, or attorney's fees.

(Ord. 93-16, passed 9-26-93)

Cross-reference:

 Delinquent taxes, see ࿙ 35.03

࿙ 35.41  LIST OF DELINQUENT TAX BILLS. - Top of Section

 Should any tax due the city on or before July 1 of any calendar year have not been paid by January 1 of the following calendar year, the City Clerk shall,  no later than January 31 of that year, provide to the City Attorney a list of each unpaid tax bill, the amount thereof including penalty and interest as of December 31 of the year in which the tax was first due, the lot and block number of the real estate, the name and address of the taxpayer(s), and the amount and type of any other tax due the City for which a lien may be filed.

(Ord. 93-16, passed 9-26-93)

࿙ 35.42  NOTICE OF LIEN. - Top of Section

 Upon receipt of the list provided for in ࿙ 35.41, the City Attorney shall within 60 days thereafter prepare and file a notice of the city's lien for unpaid taxes, and notify any other holder of a lien against the same real estate of the city's lien and its superiority to such other liens. Once filed, a copy of the tax lien shall be transmitted to the City Clerk.

(Ord. 93-16, passed 9-26-93)

࿙ 35.43  FORECLOSURE; ATTORNEY'S FEES. - Top of Section

 (A) Except for extraordinary circumstances, as recognized by a majority vote of the City Council, and recorded in the minutes of the Council, the City Attorney shall be required to foreclose on the city's lien for any unpaid tax, in excess of $100, and which has been due the City for two years or longer.

 (B) The City Attorney shall be compensated for his or her services at an hourly rate not to exceed the standard and usual rate charged for similar collection and foreclosure proceedings.

 (C) Any attorney's fees incurred by the city for collection activity, the filing of liens, and foreclosure of tax liens shall be assessed as an additional penalty due the city from the taxpayer and constitute a lien against the property to which the service rendered by the attorney relates.

(Ord. 93-16, passed 9-26-93)

 SUPPLEMENTAL TAX FOR TRASH COLLECTION AND RECYCLING SERVICES

࿙ 35.60  DEFINITION. - Top of Section

 For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 RESIDENTIAL UNIT and UNIT. Any structure in which natural persons ordinarily reside, or in the case of single structures subject to condominium ownership, the number of units within the single structure that are separately transferrable. Any structure that is separate and distinct from the primary structure located on any lot, that is occupied or available for occupancy by natural persons, although transferrable only as part of the whole, is a separate residential unit under this subchapter.

(Ord. 94-2, passed 13194)

࿙ 35.61  BIDS; ADDITIONAL SERVICES. - Top of Section

 On or before October 1 of each year (with the exception set out in ࿙ 35.62), and in accordance with such purchasing code as may then exist under city ordinance or the laws of the Commonwealth of Kentucky, and pursuant to specifications approved by the City Council, the city shall seek bids from qualified trash hauling companies for a base level of trash collection service for single and multiple family residences, and shall additionally request the availability and quotation of fees by all bidders for a schedule of special services, including but not limited to dumpsters and multiple pickups, over and above the base level of service to be provided by the city to all residences within the city. Any person or entity residing in the city shall be entitled to the additional services, at the fee established by city contract, but to be paid directly to the city's contractor by the person or entity using the service.

(Ord. 94-2, passed 1-31-94)

࿙ 35.62  CONTRACT FOR SERVICES. - Top of Section

 Bids shall be sought for a one year contract; however, the contract may contain an automatic renewal clause, for up to one additional year, provided the city has the option to notify the contractor, at any time up to December 15, that the contract will not be renewed, and provided that the automatic renewal clause limits any increase in price for the second year of the contract to either a price index published by the United States government, and agreed to by the city and the contractor, or to direct cost increases incurred by the contractor in furnishing services to the city as documented to the city's satisfaction and including a right of the city to audit, with notice of any proposed price increase to be received by the city no later than September 15 of the contract year.

(Ord. 94-2, passed 1-31-94)

࿙ 35.63  TAX LEVY. - Top of Section

 (A) No later than the first meeting of the City Council in January of each year, the Council shall give first reading to an ordinance that levies a tax on each lot within the city on which single or multiple family residential structures exist. The amount of the tax on each lot shall be based on the number of residential units that exist on each lot. The amount of the tax per residential unit shall equal the total cost to the city for trash collection and recycling services, determined on an annual basis under the contract to go into effect on January 1 of each year, divided by the total number of residential units that exist within the city on January 1 of each year. Each lot on which a single family or multiple family residence exists on January 1 of each year, and to which the base level of trash collection and recycling services is made available by the city, and which is occupied or available for occupancy shall be subject to the supplemental tax levy.

 (B) The failure of a City Council to timely introduce an ordinance to levy the supplemental tax called for herein shall not effect the validity of such tax as is subsequently levied.

(Ord. 94-2, passed 1-31-94)

࿙ 35.64  NEW RESIDENCES; PRO-RATED TAX. - Top of Section

 In the event that a new residential unit is constructed on any lot during any calendar year, and becomes available for occupancy during that year, as evidenced by an occupancy certificate, a supplemental tax shall be levied on that lot based on the number of whole or partial months remaining in the calendar year from the date on which the residential unit is certified for occupancy and trash collection and recycling service available to that unit.

(Ord. 94-2, passed 1-31-94)

࿙ 35.65  DUE DATE. - Top of Section

 (A) At such time as the supplemental tax is levied by ordinance, the City Council may designate the due date for the tax payment and provide for any discount for early payment as may at that time be allowed by Kentucky law.

 (B) Interest and penalty on past due supplemental taxes levied pursuant to this subchapter will be assessed and collected as provided by such other applicable ordinance as is in effect on the date the supplemental tax becomes past due.

(Ord. 94-2, passed 1-31-94)

 CHAPTER 36:  DEPARTMENTS AND COMMISSIONS - Back to Top

Section

 Police Department

 Ambulance Service District

 POLICE DEPARTMENT

࿙ 36.01  ESTABLISHMENT. - Top of Section

 (A) There is hereby established a Police Department in the city.

 (B) The provisions of Municipal Order No.5, Series 1994, relating to the command, operation, and training of the Police Department are incorporated herein by reference as though fully set out herein.

(Ord. 96-9, passed 7-17-96)

࿙ 36.02  POLICE CHIEF; POLICE OFFICERS. - Top of Section

 (A) The Police Department shall consist of a Chief of Police and regular police officers as may be authorized by the City Council.

 (B) The Police Chief and all police officers shall be appointed by the Mayor at will, and may be removed by the Mayor at will except as tenure and terms of employment are protected by statute, ordinance, or contract.

 (C) No person shall be appointed or act as the Police Chief or a regular police officer unless such person has taken the oath required by section 228 of the Constitution of the Commonwealth of Kentucky.

 (D) Qualifications, training, and compensation shall be as set forth in the Personnel Classification and Compensation Plan.

࿙ 36.03  AUTHORITY TO CARRY WEAPONS. - Top of Section

 The Chief of Police and members of the Police Department of the city are authorized to carry weapons, within or without the city boundaries, when necessary for their protection in the discharge of their official duties as prescribed by law.

(Ord. 73-06, passed 82073)

࿙ 36.04  WARNING EQUIPMENT REQUIRED FOR POLICE OFFICERS. - Top of Section

 All police vehicles of the city should be equipped with a combination of red and blue flashing, rotating or oscillating lights, and other emergency equipment, which complies in all respects with KRS 189.920.

(Ord. 86-1, passed 3-24-86; Am. Ord. 91-4, passed 22591)

Cross-reference:

 Special surveillance by Police Department, see ࿙ 95.01

 AMBULANCE SERVICE DISTRICT

࿙ 36.15  ESTABLISHED. - Top of Section

 The City Council hereby establishes the Anchorage Ambulance Service District.

(Ord. 80-3, passed 5-19-80)

 CHAPTER 37:  CODE OF ETHICS - Back to Top

Section

 General Provisions

 Standards of Conduct

 Financial Disclosure

 Nepotism

 Enforcement

 GENERAL PROVISIONS

࿙ 37.01  DEFINITIONS. - Top of Section

 For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 BUSINESS ASSOCIATE. Includes the following:

  (1) A private employer;

  (2) A general or limited partnership, or a general or limited partner within the partnership;

  (3) A corporation that is familyowned or in which all shares of stock are closelyheld; and the shareholders, owners, and officers of such a corporation; and

  (4) A corporation, business association, or other business entity in which the city officer or employee serves as a compensated agent or representative.

 BUSINESS ORGANIZATION. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, selfemployed individual, holding company, joint  stock  company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.

 CANDIDATE. Any individual who seeks nomination or election to a city office. An individual is a candidate when the individual files a notification and declaration for city office with the County Clerk.

 CITY GOVERNMENT AGENCY. Any board, commission, authority, nonstock corporation or other entity formed by the city or by the city participating with other units of local government.

 CITY EMPLOYEE. Any person, whether compensated or not, whether fulltime or part-time, employed by or serving the city government or city agency who is not a city officer.

 CITY OFFICER. Any person who is elected to any city office.

 MEMBER OF IMMEDIATE FAMILY. Spouse, an unemancipated child residing in an individual's household, or a person claimed by the individual or individual's spouse as a dependent for tax purposes.

 RULE OF NECESSITY. The city government may make or enter into a contract in which an officer or employee or members of his immediate family or a business associate has an economic interest under the following conditions:

  (1) The nature of the transaction and the nature of the interest is publicly disclosed on the record prior to the time it is engaged in; and

  (2) A specific finding is made by the city government, and entered on the official record of the proceedings of the city council that, notwithstanding the conflict, it is in the best interest of the local government because of limited supply, price, or documented emergency.

(Ord. 94-13, passed 11-21-94)

 STANDARDS OF CONDUCT

࿙ 37.10  CONFLICTS OF INTEREST. - Top of Section

 (A) No city officer or employee or member of their immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of their duties in the public interest.

 (B) No city officer or employee shall act in their official capacity in any matter where they, a member of their immediate family, or a business organization in which they have an interest, have a direct or indirect financial or personal involvement that might reasonably be expected to impair their objectivity or independence of judgment.

 (C) No city officer or employee shall undertake any employment or service, compensated or not, which might reasonably be expected to prejudice their independence of judgment in the exercise of their official duties.

(Ord. 94-13, passed 11-21-94)

࿙ 37.11  ABUSE OF POWER. - Top of Section

 No city officer or employee shall use or attempt to use their official position to secure unwarranted privileges or advantages for themselves or others.

(Ord. 94-13, passed 11-21-94)

࿙ 37.12  GIFTS. - Top of Section

 (A) No city officer or employee, member of their immediate family, or business organization in which they have an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing them, directly or indirectly, in the discharge of their official duties  This provision shall not apply to accepting, on an unsolicited basis, promotional items with a fair cash value of less than $20, or to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office as governed by the Kentucky Revised Statutes.

 (B) No city officer or employee shall be prohibited from giving or receiving an award  publicly presented in recognition of public service, commercially reasonable loans made in the ordinary course of the lender's business, or reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances, ceremonies or factfinding trips related to official city government business.

(Ord. 94-13, passed 11-21-94)

࿙ 37.13  MISUSE OF CONFIDENTIAL INFORMATION. - Top of Section

 No city officer or employee shall use, or allow to be used, their public office or employment, or any information, not generally available to the members of the public, which they receive or acquire in the course of and by reason of their office or employment, for the purpose of securing financial gain for themselves, any member of their immediate family, or any business organization with which they are associated except under the rule of necessity.

(Ord. 94-13, passed 11-21-94)

࿙ 37.14  REPRESENTATION OF INTERESTS BEFORE CITY GOVERNMENT. - Top of Section

 (A) No city officer or employee or business organization in which they have an interest shall represent any person or party other than the local government in connection with any cause, proceeding, application, or other matter pending before any agency in the local government in which they serve.

 (B) Nothing shall prohibit any city officer or employee, or members of their immediate family, from representing themselves in negotiations or proceedings concerning their own interests.

(Ord. 94-13, passed 11-21-94)

࿙ 37.15  EXEMPTED CONDUCT. - Top of Section

 (A) No city officer shall be deemed in conflict with the provisions of this subchapter if, by reason of their participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to them as a member of any business, profession, occupation, or group, to  any  greater  extent  than  any  gain  could reasonably be expected to accrue to any other member of such business, profession, occupation, or group.

 (B) No city officer shall be prohibited from making an inquiry for information or providing assistance on behalf of a constituent, if no fee, reward, or other thing of value is promised to, given to or accepted by any officer or a member of their immediate family, whether directly or indirectly in return therefor.

(Ord. 94-13, passed 11-21-94)

 FINANCIAL DISCLOSURE

࿙ 37.30  OFFICERS AND EMPLOYEES REQUIRED TO FILE. - Top of Section

 The following individuals shall be required to file a financial disclosure statement:

 (A) The Mayor;

 (B) Members of the City Council;

 (C) The Chief Administrative Officer; and

 (D) Any other officer or employee with procurement authority exceeding $500 per purchase.

(Ord. 94-13, passed 11-21-94) Penalty, see ࿙ 37.99

࿙ 37.31  CONTENTS OF FINANCIAL DISCLOSURE STATEMENT. - Top of Section

 The financial disclosure statement should include the following information:

 (A) Name of filer;

 (B) Current business address, business telephone number, and home address of filer;

 (C) Title of filer's public office or office sought;

 (D) Occupations of filer and spouse;

 (E) Positions held by the filer and any member of the filer's immediate family in any business organization or nonprofit entity from which the filer or any member of the filer's immediate family received compensation in excess of $5,000 during the preceding calendar year, and the name, address, and telephone numb or of the business organization or nonprofit entity;

 (F) Name, address, and telephone number of each source of income from within the Commonwealth of Kentucky of both the filer and spouse which exceeded $5,000 during the preceding calendar year;

 (G) Name, address, and telephone number of each business organization located within the Commonwealth in which the filer or any member of the filer's immediate family had an interest of $10,000 at a fair market value or 5% ownership interest or more during the preceding calendar year; and

(H) The location and type (commercial, residential, agricultural) of all real property within the city, other than the filer's primary residence, in which the filer or any members of the filer's immediate family had an interest of $10,000 or more during the preceding calendar year.

(Ord. 94-13, passed 11-21-94) Penalty, see ࿙ 37.99

࿙ 37.32  DUE DATE. - Top of Section

 The financial disclosure statement shall be filed annually by officers and employees no later than February 1. Candidates shall be required to file the statement no later than 21 days after the filing date.  Newly appointed officers and employees shall be required to file their initial statement no later than 21 days after the date of appointment. Should the City Ethics Commission adopt a form of its own, or one promulgated by the Commonwealth of Kentucky Department of Local Government, the financial disclosure statement shall be filed on that form.

(Ord. 94-13, passed 11-21-94) Penalty, see ࿙ 37.99

࿙ 37.33  DISCLOSURE OF PRIVATE INTERESTS. - Top of Section

 Any officer or employee, or any member of their immediate family, of the city government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before the City Council or any division, department, or agency of city government shall disclose such private interest to the City Council.

(Ord. 94-13, passed 11-21-94) Penalty, see ࿙ 37.99

 NEPOTISM

࿙ 37.50  NEPOTISM PROHIBITED. - Top of Section

 (A) No city officer or employee shall act in their official capacity to hire or cause to be hired any member of their immediate family at an hourly pay rate or with benefits in excess of any other employee with similar job duties, responsibilities, and qualification requirements.

 (B) No city officer or employee shall exercise contract management authority where any member of the immediate family of the official or employee is employed by or has contracts with persons doing city work over which the official or employee has or exercises contract management authority.

(Ord. 94-13, passed 11-21-94)

 ENFORCEMENT

࿙ 37.60  CITY ETHICS COMMISSION CREATED. - Top of Section

 A City Ethics Commission is hereby created which shall have the powers to enforce all provisions of this Code of Ethics.

(Ord. 94-13, passed 11-21-94)

࿙ 37.61  MEMBERSHIP. - Top of Section

 The Commission shall be composed of one member to be nominated by the Mayor and confirmed by the City Council. The appointment shall be for a term of four years and the appointee may serve one additional consecutive term.

(Ord. 94-13, passed 11-21-94)

࿙ 37.62  COMPENSATION. - Top of Section

 Members of the City Ethics Commission shall serve without compensation, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.

(Ord. 94-13, passed 11-21-94)

࿙ 37.63  MINUTES OF MEETINGS. - Top of Section

 Minutes shall be kept for all proceedings of the City Ethics Commission and filed with the City Clerk.

(Ord. 94-13, passed 11-21-94)

࿙ 37.64  POWERS AND DUTIES. - Top of Section

 The City Ethics Commission shall have the following powers and duties:

 (A) To initiate on its own motion, receive and investigate complaints, hold hearings, and make findings of fact and determinations with regard to alleged violations and the provisions of this chapter.

 (B) To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the board who has the power to administer oath.

 (C) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the board.

 (D) To refer any information concerning violations of this chapter to the executive authority of the city, the City Council, the governing body of any city agency, the county attorney, and other appropriate person or body, as necessary.

 (E) To render advisory opinions to city officers and agencies and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter.

 (F) To enforce the provisions of this chapter with regard to all officers and employees of the city and city agencies who are subject to its terms by issuing appropriate orders and imposing penalties authorized by this chapter.

 (G) To control and maintain statements of financial interests that are required to be filed by this chapter and to ensure that the statements are available for public inspection in accordance with requirements of this chapter and the Kentucky Open records Act.

 (H) To develop and submit any reports regarding the conduct of its business that may be required by the executive authority or City Council.

 (I) To adopt rules and regulations and to take other actions as necessary, to implement the provisions of this chapter provided that the rules, regulations and actions are not in conflict with the provisions of this chapter or any state or federal law.

(Ord. 94-13, passed 11-21-94)

࿙ 37.65  APPEAL OF DECISIONS. - Top of Section

 Decisions of the City Ethics Commission regarding violations may be appealed to the Jefferson Circuit Court.

(Ord. 94-13, passed 11-21-94)

࿙ 37.99  PENALTY. - Top of Section

 Failure to file a disclosure statement or to otherwise comply with ࿙࿙ 37.30 through 37.33 shall subject the violator to a fine of up to $500.

(Ord. 94-13, passed 11-21-94)