Owner and city clash over whether citations are daily separate violations or a continuing course of conduct

The central legal dispute at the Fort Thomas hearing was whether the multiple citations the owner received represent a single continuing violation or separate daily violations, with significant consequences for appeals and fines.

Counsel for the city explained: under Kentucky administrative practice, “each separate code violation is its own distinct beast,” and strict seven‑day appeal periods apply to each citation. Counsel told the Board that the hearing was limited to citations arising on Aug. 3, 4 and 5 because the appeal request was made on Aug. 5, and citations issued after those dates had appeal windows that had closed. The owner, introduced in the hearing as Mr. Thompson, argued he reasonably believed the citations represented an ongoing course of conduct and said it would be impractical to file an appeal every day the city issued a new citation.

The Board acknowledged the owner’s practical concerns but said legal constraints limited how far the Board could act retroactively for citations outside the appealed window. The distinction matters because the city’s enforcement policy can impose escalating fines (the city cited a $500‑per‑day figure in this case); if each day is a separate final citation, those daily tallies become legally enforceable without further Board review unless appealed within seven days.