Landlord questions notice mailing after board leaves conditional discharges in place

Attorney Alan Rubin, appearing for Byland LLC, raised due-process concerns at the June 13 Louisville Metro Code Enforcement Board hearing, saying notices appeared to have been mailed late and that overlapping citations effectively doubled penalties.

Rubin told the board he received multiple notices at once and requested clarity on whether fines had been doubled or if separate citations applied. He argued the underlying conduct (a vehicle on a lawn) was primarily a tenant responsibility and asked that fines be waived. The hearing officer and county counsel said the board had no record of return mail for Rubin’s address and that staff had performed mailing as required; the board declined to void the conditional discharges but said it would provide documentation showing which citations were conditionally discharged.

Wonteland left the conditional discharges in place for a one-year period with no further infractions, and said he would take Rubin’s concerns about notice timing into account should future violations at the same address appear. Rubin noted he may pursue due-process avenues outside the board if needed. The board emphasized its general position that property owners bear responsibility for conditions at their properties even when tenants create the violation.

The board did not change the conditional-discharge rulings at the hearing but offered to provide paperwork documenting which citations were discharged and confirmed the owner’s correct mailing address for future notice.