Boone County scraps code enforcement ordinance; says new document will be a better fit for residents

The Boone County Code Enforcement Board and Property Maintenance Ordinance, in its current form, is dead.

Boone County Judge-executive Gary Moore announced prior to the end of Tuesday’s Fiscal Court meeting that the ordinance as originally proposed, could not be salvaged.

“The changes are so deep that it really doesn’t resemble where it started,” Moore said. “We feel that from a transparency, possibly from a legal point of view, I think we’re better off to recommend at this point that, that ordinance is not going to move forward.”

Residents lined up to speak for hours at a Jan. 5 Boone County Fiscal Court discussion on a proposed code enforcement board ordinance. Those who couldn’t get into the courtroom crowded the exterior corridor. The Fiscal Court scrapped the ordinance Tuesday night and is preparing a new, less comprehensive document (file photo).

The ordinance raised the ire of some residents and drew a crowd of more than 300 , most of whom were voices of opposition, when a public discussion on the matter took place at the Jan. 5 Fiscal Court meeting. A second reading and possible vote on the matter was scrapped when it became clear the ordinance needed a lot of work.

The ordinance, would have allow for the creation of a property maintenance code for the unincorporated areas of Boone County. It would also have allowed for the creation of an administrative board with the authority to issue remedial orders and impose fines to ensure compliance with the ordinances in force.

Those opposed were concerned that the ordinance was not a good fit for a county with divergent lifestyles and vastly different opinions of what is considered acceptable property maintenance. Provisions of the ordinance that would have allowed code enforcement officers to inspect interiors of residences also rankled some.

Initially, Moore recommended that the ordinance be tabled until a new ordinance that would better fit the county’s needs could be introduced. While he acknowledged that a new ordinance would look vastly different than the one to be tabled, he emphasized that increased code enforcement capability was necessary in the county.

“We’ve had over 6,000 cases over the last few years of property maintenance challenges,” Moore said. “We’re not saying there is not an issue that needs to be dealt with in our community, but there needs to be a different approach. I think all of us that have been involved in this to date, feel like there were things in the ordinance that was read that isn’t what we need here in Boone County.”

Walton

Commissioner Charlie Walton made a motion to table the bill, however, with the intent of killing it immediately.

“I know all of us have had constituents concerned about different aspects of this,” Walton said. “I would just like to clear the air…start with a new one and start getting input from all of the groups that have concerns.”

The Fiscal Court  unanimously approved Walton’s motion.

Since no action was expected on the ordinance, only a few of those who had spoken in opposition at the January meeting were on hand.

Moore assured those in attendance, and residents watching at home, that when a new ordinance is introduced, the provisions that drew the most opposition would not be a part of it.

“We are working on the new ordinance to maybe get to the point that it involves nothing on the interior of a building,” Moore said. “So, the idea that a county code enforcement officer would have to come into your home wouldn’t exist at all.

He also emphasized that those opposed to a code enforcement ordinance, as well as those who support it, would be given another opportunity to weigh in before a vote is taken.

The initial ordinance was drafted from a model code enforcement document that has been used throughout the country, including in many Northern Kentucky communities.

Moore acknowledged that instead of taking a uniform code and eliminating things that were objectionable, it might make more sense start with a blank slate and address only those issues of concern to county residents.

Boone County has only three cities, Florence, Union and Walton and more than 80,000 of its residents live in unincorporated areas. Many of its communities are largely rural and the standards in the model code would be difficult, if not impossible to apply uniformly.

“I think we are better off looking at what the challenges are in Boone County and building it more from the top-up than the bottom-down,” Moore said.

While it’s unlikely that a formal committee would be formed to develop the new ordinance, Moore said residents and business owners, would be welcome to offer input. He added that the suggestions that have already been provided have already helped shape the document currently being developed.

The new proposed ordinance is not expected to be introduced before the March 16, Fiscal Court meeting and would not be voted on until April, at the earliest.