165.01 TICKETABLE VIOLATIONS.
(a) Because most code violations can be corrected easily and at a modest cost, a ticketable enforcement procedure is hereby established for violations of the following Sections of the Aurora Codified Ordinances, which violations shall be misdemeanor offenses:
(5) Any other section of the Codified Ordinances where city inspectors and/or other authorized city employees are specifically authorized to enforce that section.
(Ord. 2004-050. Passed 4-26-04.)
165.02 WARNING OF VIOLATION.
(a) Issuance - Prior to the issuance of a complaint hereunder, each department head authorized to enforce the Code Sections referenced in 165.01(a), above, or their designee, shall issue a Warning of Violation except as provided in this section. No fine shall be assessed for a Warning of Violation. No Warning of Violation shall be issued to any party who has had a Warning of Violation for the same offense issued in the previous six (6) months; or has had a complaint for the same offense issued in the previous twelve (12) months. In such cases, only a complaint shall be issued.
(b) Content of Warning of Violation - All Warnings of Violation shall state:
(1) The address of the property on which the violation exists;
(2) A description of the violation;
(3) The code section being violated;
(4) The appropriate department to contact, and the phone number;
(5) That there is a right to appeal or seek a variance if the code chapter being violated allows an appeal or variance; and
(6) The name of the person issuing the Warning of Violation and the date of issuance.
(c) Delivery of Warning of Violation - All warnings shall be delivered by registered or certified mail, return receipt requested, or delivered in person to the owner, occupant, lessee, operator, or other party believed to be responsible for the violation, or their agent, at their current address or last known business or residence address; or posted in a conspicuous place on the premises or the vehicle.
(d) Time Period for Resolution - The appropriate department head shall determine the time period allowed for resolution of a Warning of Violation based on the time, difficulty, and expense reasonably required for such resolution. In no case shall the period be less than fifteen (15) days, except where the appropriate department head determines there is an imminent threat to public health or safety. The maximum time period shall be no more than thirty (30) days, except that the appropriate department head may grant an extension for just cause not to exceed thirty (30) additional days.
(e) Responses to a Warning of Violation - The party named in the Warning of Violation may take the following actions in response to a Warning to avoid further enforcement action:
(1) Correction of the Violation - The violation may be corrected within the specified time period.
(2) Disproving the Violation - The party named may provide specific evidence satisfactory to the appropriate department head that the violation does not exist.
(3) Otherwise eliminate the violation through compliance with the Codified Ordinances.
(4) Right to appeal - To the extent authorized by the specific chapter of the Codified Ordinances under which a Warning of Violation is issued, the party named in the Warning of Violation may pursue an appeal of, or seek a variance for the violation. Unless there is an imminent threat to public health or safety, any further enforcement action shall be stayed while the appeal or variance procedure is completed.
(Ord. 2004-050. Passed 4-26-04.)
165.03 ENFORCEMENT ACTIONS.
(a) If the party named in the Warning of Violation fails to take any of the actions specified in Section 165.02(e), the appropriate department head shall have the authority to do any or all of the following:
(2) Seek an injunction or other order of restraint or abatement that requires correction of the violation; and
(3) Take any emergency actions as are authorized by law in case of an imminent threat to public health and safety.
(Ord. 2004-050. Passed 4-26-04.)
165.04 COMPLAINT.
(a) Issuance - The department heads authorized to enforce the Code sections referenced in 165.01(a), above, or their designee(s), are hereby authorized to cause complaints to be issued, which may be used for the purpose of giving due notice and summons to the party or parties responsible for violations of the Codified Ordinances included in Section 165.01(a). The complaint shall be sufficient notice, summons and legal service thereof for the purpose specified thereupon; provided, however, that the use of such complaint shall not prohibit the issuance of additional complaints nor the implementation of any other enforcement action legally available.
(b) Content of Complaint - Such complaint shall be in writing in an appropriate form and shall include:
(1) The name and address of the violator;
(2) The address of the property exhibiting the violation;
(3) The signature of the issuing law enforcement officer;
(4) A description of the nature of the violation;
(5) A numerical citation of the specific provision violated;
(6) The time, date, and location of any appearance required of the violator and any permissible alternatives to such appearance, such as mail payment of a fine;
(7) The complaint shall also inform the party that a warrant may be issued and he or she may be arrested if he or she fails to appear at the time and place stated.
(c) Service of Complaint - Such complaint shall be served on the person who has committed the violation in accordance with the provision of Section 165.05.
(d) Guilty Plea -If the offense charged is a minor misdemeanor, the complaint shall inform the party that, in lieu of appearing at the time and place stated, he or she may, within a stated time, appear personally at a designated place and upon signing a plea of guilty and waiver of trial, pay a stated fine and costs, if any.
(e) If the offense charged is a minor misdemeanor, the complaint shall also inform the party that, in lieu of appearing at the time and place stated, the party may, within a stated time, sign the guilty plea and waiver of trial provision of the complaint and mail the complaint and a check or money order for the total amount of the fine and costs to a designated place.
(Ord. 2004-050. Passed 4-26-04.)
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