§ 38.03 NOTICE OF CIVIL OFFENSE AND CIVIL FINE; PROCEDURES.

   (A)   A city officer or employee charged with enforcement of the Bowling Green Codified Ordinances may issue a notice of civil offense and civil fine to a person found to have committed a civil offense.

   (B)   A notice of civil offense and civil fine must advise the person served:

      (1)   Unless a written answer is filed or the civil fine paid within 10 days from the date of the notice, fine will double; and

      (2)   That a hearing will be held if requested.

   (C)   A notice of civil offense and civil fine:

      (1)   Must state the date that the notice is issued;

      (2)   Must identify the person being charged if known to the issuing officer or employee;

      (3)   Indicate the offense charged, the civil fine for the offense, and the date, time and location of the offense charged;

      (4)   Be signed and attested to by the issuing officer or employee; and

      (5)   If the person charged is present, the issuing officer or employee may personally serve the person charged with a copy of the notice.

   (D)   The issuing officer or employee must serve the notice of civil offense and civil fine in one of the following manners:

      (1)   The notice may be served personally on the person responsible for the offense;

      (2)   If the notice involves an offense which occurred on or immediately adjacent to the real property owned, occupied or controlled by the person being charged, the notice may be constructively served by posting a copy of the notice in a conspicuous location on the real property and by mailing a copy of the notice to the person by first class U.S. mail; or

      (3)   If the notice relates to an offense involving a motor vehicle, the notice may be constructively served by posting a copy of the notice on the motor vehicle and by mailing a copy of the notice to the person responsible for the offense by first class U.S. mail.

   (E)   The original of a notice of civil offense and civil fine issued pursuant to this section or a true copy of it is a record kept in the ordinary course of business of the city and is prima-facie evidence of the facts it contains.

(1980 Code, § 38.03) (Ord. 7423, passed 11-7-2005)