§ 10.97 MUNICIPAL CIVIL INFRACTIONS.

   (A)   Definition. “Municipal civil infraction” means a civil infraction involving a violation of any of the following ordinances of the City:

      (1)   All of the ordinances within Title XV, including but not limited to Chapter 150 Building Regulations, Chapter 151 Housing Regulations, Chapter 152 Flood Hazard Area Construction, Chapter 153 Subdivision Regulations, and Chapter 154 Zoning Ordinance.

      (2)   Noise ordinance regulations specified in Title IX, §§ 90.15, 90.17, 90.18 and 90.19.

      (3)   Nuisance and litter provisions specified in Title IX, §§ 90.26, 90.27, 90.28, 90.30, and 90.31.

      (4)   Blight and junk ordinance regulations in Title IX, §§ 90.35, 90.36, 90.37, and 90.38.

      (5)   Radio and television interference ordinance regulations specified in Title IX, Sections 90.55, 90.56, and 90.57.

      (6)   All animal ordinance regulations in Title IX, Chapter 91.

      (7)   All park ordinance regulations in Title IX, Chapter 92, except § 92.01.

      (8)   All of the ordinance provisions in Title IX, Chapters 93, 94, and 95 pertaining generally to trees, crosswalks, driveways, sidewalks, and advertisements.

      (9)   All ordinance provisions for skate- boards, roller skates, and bicycles in Title VII, Chapter 72.

      (10)   All garbage, rubbish, trash, and yard waste regulations in Title V, Chapter 50.

      (11)   All fire prevention regulations in Title IX, Chapter 96, and smoke detector regulations specified in Title XV, Chapter 151.

      (12)   Any other ordinance section or provision, the violation of which is designated specifically as a municipal civil infraction.

   (B)   Violation. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by City ordinance, and any omission or failure to act where the act is required by City ordinance.

   (C)   Authorized City Officials.

      (1)   Building Inspector. The Building Inspector is designated as the authorized City official to issue municipal civil infraction citations for alleged violations of:

         (a)   The state construction code, International Property Maintenance Code, or any other code adopted by the City regulating the construction of buildings in the City.

         (b)   The International Property Maintenance Code or any other code adopted by the City regulating the minimum acceptable standards for the maintenance of existing buildings and structures.

         (c)   All other City ordinance housing or building regulations in Title XV, Chapter 151.

         (d)   City subdivision ordinance regulations in Title XV, Chapter 153.

         (e)   City zoning ordinance regulations, Title XV, Chapter 154.

         (f)   Nuisance and litter regulations specified in Title IX, Chapter 90, being §§ 90.15, 90.17, 90.18 and 90.19.

         (g)   Blight and junk regulations specified in Title IX, Chapter 90, being §§ 90.35, 90.36, 90.37, and 90.38.

         (h)   Garbage, rubbish, trash, and yard waste regulations in Title V, Chapter 50.

         (i)   Parking in a front yard area not improved or designated for parking of motor vehicles.

      (2)   Zoning Administrator and Code Enforcement Officer. The Zoning Administrator is designated as the authorized City official to issue municipal civil infractions for alleged violations of the City zoning ordinance. The Zoning Administrator and Code Enforcement Officer are designated as the authorized City officials to issue municipal civil infraction citations for the alleged violations of:

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         (a)   City subdivision ordinance regulations, Title XV, Chapter 153.

         (b)   Nuisance, litter, blight and junk regulations specified in Title IX, Chapter 90, being §§ 90.15, 90.17, 90.18 and 90.19, 90.35, 90.36, 90.37, and 90.38.

         (c)   The International Property Maintenance Code or any other code adopted by the City regulating the minimum acceptable standards for the maintenance of existing buildings and structures.

         (d)   Garbage, rubbish, trash, and yard waste regulations in Title V, Chapter 50.

         (e)   Parking in a front yard area not improved or designated for parking of motor vehicles.

      (3)   Fire fighters. All certified fire fighters within the City's Department of Public Safety are designated as authorized city officials to issue municipal civil infraction citations for alleged violations of fire prevention regulations specified in Title IX, Chapter 96, and smoke detector regulations in Title XV, Chapter 151, and housing regulations in Title XV, Chapter 151.

      (4)   Police officers. All certified police officers within the City's Department of Public Safety, and certified police officers from other jurisdictions assisting the Department of Public Safety, are designated as authorized city officials to issue municipal civil infraction citations for alleged violations of all city ordinances for which the penalty is not a misdemeanor.

      (5)   Service Officers. All Service Officers within the City Department of Public Safety designated by the Director of Public Safety to investigate disabled and inoperable motor vehicles are authorized city officials to issue municipal civil infraction citations for alleged violations of city ordinance § 90.70, Disabled and Inoperable Motor Vehicles.

      (6)   Property Maintenance Inspectors. All Property Maintenance Inspectors within the City Department of Neighborhood Services are authorized city officials to issue municipal civil infraction citations for alleged violations of city ordinance § 90.70, Disabled and Inoperable Motor Vehicles.

   (D)   Basis for issuing municipal civil infraction citations.

      (1)   An authorized city official can issue a municipal civil infraction citation upon witnessing a person violate an ordinance, or upon the official's investigation and reasonable cause to believe that a person is responsible for a municipal civil infraction. An authorized city official may issue a municipal civil infraction citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed the person violate an ordinance, the official has reasonable cause to believe the person is responsible for a municipal civil infraction and the City Attorney approves in writing the issuance of the citation.

      (2)   In a municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the citation need not be personally served upon the alleged violator but may be served upon an owner or occupant of the land, building, or structure by posting the copy to the building or structure. In addition, a copy of the citation shall be sent by first-class mail to the owner of the land, building, or structure at the owner's last known address.

      (3)   The citation serves as the complaint in a municipal civil infraction action and may be filed either on paper or electronically.

   (E)   Penalty.

      (1)   The penalty for a municipal civil infraction shall be a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the City has been put in connection with the municipal civil infraction up to the entry of judgment. The City may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

      (2)   The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

      (3)   Proof of a prior offense shall be established by a judgment, order, or abstract of the district court.

(Ord. 399-11-95, passed 11-20-95; Am. Ord. 428-10-97, passed 10-6-97; Am. Ord. 509-02-03, passed 2-3-03; Am. Ord. 676-07-14, passed 7-7-14)