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.)