A. When a police officer or other individual authorized to issue a code violation finds a code violation to exist, he or she shall note the violation on a multiple copy violation notice and report form that indicates: 1) the name and address of the defendant, if known, 2) the type and nature of the violation and the code or ordinance provision violated, 3) the date and time the violation was observed, and 4) the names of the witnesses of the violation, 5) vehicle make and state registration number (if applicable), and 6) the signature and identification number of the person issuing the notice.
B. The violation report form shall be forwarded to the code hearing department where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than thirty (30) nor more than forty (40) days after the violation is reported. The legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing shall also be indicated on the hearing notice.
C. The original or a copy of the violation report form shall be maintained in the files of the code hearing department as a record in the ordinary course of business by the traffic compliance administrator and shall be part of the record of hearing; one copy of the report form shall be returned to the individual representing the municipality in the case so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated; and one copy of the report form shall be served by first class mail to the defendant along with a summons commanding the defendant to appear at the hearing.
D. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
1. Signing his/her name to the notice at the time of issuance; or
2. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the traffic compliance administrator, attesting to the correctness of all notices produced by the device while under his/her control.
E. Any violation notice issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. (Ord. 12-2008, 3-18-2008)