The following requirements shall govern all enforcement proceedings before the Board:
a. Enforcement proceedings before the Board shall be initiated by the issuance of a citation by a Code Enforcement Officer.
b. Except as provided below, if a Code Enforcement Officer believes, based on his personal observation or investigation, that a person has violated a City ordinance, he is authorized to issue a citation to the violator. In lieu of a citation, the Code Enforcement Officer may give the violator a notice that a violation has occurred and allow the violator a specified period of time to remedy the violation without fine. The time allowed by the Code Enforcement Officer shall depend on the nature of the violation and the time necessary to remedy the violation. If the violator fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation. Informal settlement of matters is encouraged.
c. The notice of violation or citation shall be in writing and shall be reasonably calculated to inform the violator of the nature of the violation. The notice of violation shall be delivered to the violator by any method chosen by the Code Enforcement Officer. The citation shall be delivered to the violator: (1) by personal delivery; (2) by leaving a copy of the citation with any person who is eighteen (18) years of age or older who is on the premises, if the alleged violator is not on the premises at the time the citation is issued; (3) by mailing a copy of the citation by regular first-class mail to the last known record mailing address of the alleged violator; or (4) if in the exercise of reasonable diligence, the issuance of a citation using the methods set out above is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises. When the violation involves a fire damaged structure, a copy of the notice of violation or citation shall also be delivered to any mortgage company, lien holder and any insurance company with verified interest in the property. Every reasonable attempt shall be made to determine all verified interest. After issuing a citation, the Code Enforcement Officer shall deliver a copy of the citation to the person designated by the Board.
d. The citation issued by the Code Enforcement Officer shall contain the following information:
1. A description of the real estate sufficient for identification;
2. The name and address of the person to whom the citation is issued;
3. The date and time of issuance of the citation and date and time the offense was committed;
4. The facts constituting the violation;
5. The section of the ordinance or other code violated;
6. The name of the Code Enforcement Officer;
7. The procedure for the person to follow in order to pay the civil fine or to contest the citation;
8. The civil fine that may be imposed per day for the violation if the person does not contest the citation;
9. The maximum civil fine that may be imposed per day for the violation if the person elects to contest the citation; and,
10. A statement that if the person fails to pay the civil fine set forth in the citation or to contest the citation within the time allowed, the person shall be deemed as having waived the right to a hearing before the Code Enforcement Board to contest the citation and that the determination that a violation was committed shall be final and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
e. Nothing in this Subchapter shall prohibit the City from correcting the violation through self-help or taking immediate action to remedy a violation of its ordinances when there is reason to believe that there is imminent danger or that the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
f. The person to whom the citation is issued shall respond to the citation within seven (7) days of the date the citation is issued by either paying the civil fine set forth in the citation or requesting in writing a hearing before the Code Enforcement Board to contest the citation. If the person responds by paying the civil fine, the person to whom the citation is issued shall still be required to remedy the violation. If the person fails to remedy the violation or to request a hearing within seven (7) days, the Code Enforcement Officer is authorized to issue another citation. If the person does not contest the citation within seven (7) days by requesting a hearing, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final. In this event, the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation and the person shall be deemed to have waived the right to appeal the final order to District Court. A copy of the final order shall be served on the person guilty of the violation by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving the final order at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice.
(Ord. BG2000-41, 10/17/2000; Ord. BG2003-61, 12/2/2003; Ord. BG2014-12, 8/5/2014; Ord. BG2016-40, 12/20/2016; Ord. BG2017-37, 8/15/2017; Ord. BG2018-14, 3/28/2018; Ord. BG2018-46, 12/4/2018)