(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 the name and address of the defendant, the type and nature of the violation, the date and time the violation was observed and the names of the witnesses of the violation.
(B) The violation report form shall be forwarded to the Code Hearing Department where the fine and any penalty which may be assessed are documented on the citation, a docket number stamped on all copies of the report and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30, nor more than 40, days after the violation is reported.
(C) One copy of the violation report form shall be maintained in the files of the Code Hearing Department. The copy maintained in the Code Hearing Department files can be accessed for the assigned hearing date or prior to the hearing date for individuals who present to the City Code Hearing Department requesting to admit to liability and pay the fine assessed for the citation prior to hearing. One copy of the report form shall be returned to the individual representing the city in the case so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated. 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) Service of any violation notice shall be made by the person issuing such notice:
(1) In the case of violation of the city motor vehicle code, service shall be made by:
(a) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle or vehicle violating any compliance regulation;
(b) Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or
(c) Mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
(2) In the case of any ordinance violation other than the city motor vehicle code, service shall be made by:
(a) A personal service upon a party, the party’s employee or agent;
(b) First class mail along with a summons commanding the owner to appear at the hearing; or
(c) If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the notice on the front door of the structure where the violation is found.
(3) The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
(a) Signing his or her name to the notice at the time of issuance; or
(b) In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Ordinance Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his or her control.
(4) The original or a facsimile of the violation notice shall be retained by the Ordinance Enforcement Administrator and kept as a record in the ordinary course of business.
(5) 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.
(Prior Code, § 11.05) (Ord. 06-019, passed 3-28-2006; Ord. 2016-002, passed 2-9-2016; Ord. 2021-032, passed 8-24-2021)