602 KAR 50:115.
Enforcement procedures; violations.
RELATES TO: KRS
AUTHORITY: KRS 183.861
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:
structure is not an obstruction in the zoned airspace of this state; or
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
(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
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.)