The following requirements shall govern all enforcement proceedings before the Board:
(A) Enforcement proceedings before the board shall only be initiated by the issuance of a citation by a code enforcement officer.
(B) Except as provided in subsection (C) below, if a code enforcement officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance or code provision, a notice of violation may be issued to the violator allowing the violator a specified period to remedy the violation without fine or sanction. If the offender fails or refuses to remedy the violation, the violation shall serve as a citation.
(C) Nothing in this subchapter shall prohibit the city from taking immediate action to remedy a violation of its ordinances or codes when there is reason to believe that the violation presents a serious threat to the public health, safety and welfare or, if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(D) The citation issued by a code enforcement office shall contain the following information:
(1) The date and time of the issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the offense was committed or discovered;
(4) Brief facts constituting the offense;
(5) The section of the code or the ordinance number violated;
(6) The name of the code enforcement officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the violation.
(8) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation and that the determination that the violation was committed shall be final.
(E) After issuing a citation to an alleged violator, the code enforcement officer shall notify the Code Enforcement Board and the city by delivering a copy of the citation to the City Administrator’s Office.
(F) The person to whom the citation is issued shall respond to the citation within seven (7) days of the date of issuance by either paying the civil fine or requesting, in writing, a hearing before the Code Enforcement Board to contest the citation. The request for a hearing shall be delivered to the City Administrator’s Office. The request shall include the name and address of the person requesting the hearing so the city may notify the person of the hearing. If the person fails to respond to the citation within seven (7) days, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final.
(G) If the alleged violator does not contest the citation within the time prescribed, the Code Enforcement Board shall enter a final order determining that the violation was committed and shall impose the appropriate civil fine set forth for such violation. A copy of the final order shall be served on the person found in violation of a city code or ordinance.
(Ord. 5-99, passed 3-4-99)