(a) If an investigation reveals that a code violation exists, the enforcement official may issue a citation for such violation to the person having either ownership or control of any land, building, structure, sign, property, licensed or permitted business or operation which is in violation. Nothing within this section shall prohibit the enforcement officer in his or her discretion from issuing a warning prior to issuing a citation. Nothing in this section shall preclude Code Enforcement action under any other provision of the Codified Ordinances of the City of Charles Town, provided, however, that no person shall be subject to criminal penalties under both this section and any other provision of the Codified Ordinances based on the same act or occurrence.
(b) A citation may be served by personal service in accordance with the West Virginia Rules of Civil Procedure, by delivery of the notice of citation to the person in violation. If personal service cannot be effectuated, the enforcement official may send the citation to the person via certified mail, return receipt requested, to the person's last known address. If the return receipt is not returned, a citation shall be conclusively presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned as undeliverable by the postal service. A citation that is sent by certified mail, return receipt requested, to an address provided to the City of Charles Town by a landlord pursuant to a Certificate of Rental Use and Occupancy under Article 136 of the Codified Ordinances or to the owner of vacant property under Article 1759 thereof shall conclusively be presumed to have been served.
(c) The citation shall be in writing and shall contain the following:
(1) The date the citation is issued;
(2) The name and address of the person(s) charged with the violation;
(3) The section of the ordinance that has been violated;
(4) The nature of the violation;
(5) The place and time the violation occurred;
(6) The amount of the fine imposed for the violation;
(7) The name, address and telephone number of the enforcement official issuing the citation;
(8) The return date on which the person is summoned to appear before the Municipal Court to answer the charges; and;
(9) The name, address, and telephone number of the office of the City Collector, where fines are to be paid, and of the Municipal Court, where citations may be contested.
(Ord. 2021-003. Passed 5-19-21.)