(a) The designated official is authorized and directed to issue a citation under the following circumstances:
(1) If no response with intent to comply is forthcoming after receipt of both the first and second notices of violations;
(2) The violator acknowledges the correction order in either the first or second notice and fails to make the required repairs and/or improvements within the time agreed upon, in writing, with the designated official; or
(3) No appeal has been filed with the Board of Zoning and Building Appeals within the time limits specified herein; and
(4) In the case where a violator has filed an appeal and has failed to comply with the decision of the Board of Zoning and Building Appeals and the time has expired for any further appeals pursuant to law.
(b) Said citation shall be used for the purpose of imposing a fine(s) to the person or persons responsible for violations of this Exterior Property Maintenance Code.
(1) Contents. Such citation shall state the nature of the violation, refer to the section or sections of this chapter violated, and state the appropriate assessment or penalty for the violation.
(2) Payment of Assessment. Any person or persons who received a citation shall appear at the place designated in the citation and shall pay the assessment for the violation cited. Upon timely payment of the assessment no further action will be taken to prosecute the violation if remedial action is taken.
(3) Notice and Future Violation. The citation shall be deemed sufficient notice, summons, and legal service for the purpose specified in the citation; provided, however, that the use of such citation shall not prohibit the issuance of either additional citations or a legal notice of violation as provided in this chapter, in the event such violation is continued or repeated.
(4) Establishment of Fee Schedule by City Council Magistrate. Prior to the issuance of any citation, the Magistrate shall adopt a citation fee schedule. From time to time and upon its own motion, the Magistrate may modify the citation fee schedule.
(5) Penalty Assessment. When a citation has been issued pursuant to this section, an amount established by the Magistrate is hereby assessed on the violator. If the assessment is paid within the first 72-hour period immediately following the issuance of the citation and the violation is corrected, assessments due will be reduced by 50%. Failure to pay the assessment within a period of 30 days after the date of service of the citation constitutes a minor misdemeanor, punishable as provided in Section 1484.99. Assessments may also be attached to the property taxes for the property in question.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)