602 KAR 50:115.

Enforcement procedures; violations.

 

      RELATES TO: KRS

183.861-183.990

      STATUTORY

AUTHORITY: KRS 183.861

      NECESSITY,

FUNCTION, AND CONFORMITY: The Kentucky Airport Zoning Commission finds it

necessary to establish administrative enforcement procedures whereby a person

in violation of the statutes, administrative regulations, orders or permits of

the commission may be given notice of the violation or show cause to the

commission why he is not in violation as a means to minimize litigation.

 

      Section 1. The

commission delegates responsibility to determine apparent violations of its

statutes, administrative regulations, orders and permits to its administrator.

The administrator shall investigate violations of the statutes, administrative

regulations, orders and permits and mail a notice to the person who owns or

controls the structure, land, etc., in violation thereof.

 

      Section 2. The

notice shall state the location, type of structure and the reasons the

structure is in violation of the statutes, administrative regulations, orders

or permits of the commission. The person shall be requested to correct the

violation within thirty (30) days of the notice or show cause to the commission

why compliance should not be enforced.

 

      Section 3. The

person to whom the notice is directed pursuant to this administrative

regulation may show cause why enforcement should be withheld by filing a

written petition for a hearing before the commission. The petition may be in

the form of a letter. The petition shall be filed in person or by mail with the

Administrator, Kentucky Airport Zoning Commission, Frankfort, Kentucky 40622.

The petitioner shall state, if applicable, facts sufficient to show:

      (1) The

structure is not an obstruction in the zoned airspace of this state; or

      (2) The

structure is in the zoned airspace of this state, but it is not a hazard to the

safety of air navigation; and

      (3) Any other

facts the petitioner deems relevant that would relieve him from the terms of

the order, including a request for an extension of time to remove the

structure.

      (4) If the

administrator does not receive a petition from a person to whom a notice has

been mailed and finds that violation continued during the period allowed in the

notice, then the administrator shall refer the matter to the commission for its

action in order to determine the appropriate penalties and action for the said

violation.

 

      Section 4. If

the administrator does not receive a petition from a person to whom a notice

has been mailed and finds that the structure has not been removed during the

period allowed in the notice, then the administrator shall refer the matter to

the commission for its action.

 

      Section 5. The

administrator shall set the petition for a hearing to be conducted pursuant to

602 KAR 50:120.

 

      Section 6. The

commission may order an injunctive action be instituted in circuit court for

the enforcement of applicable statutes, rules, administrative regulations, and

orders issued pursuant to this administrative regulation. (2 Ky.R. 82; eff. 9-10-75;

Am. 10 Ky.R. 450; eff. 1-4-84.)