The following requirements shall govern all enforcement hearings before the Board.
(A) If the alleged violator desires to contest the citation, he or she may initiate a hearing before the Board after a citation is issued by a Code Official.
(B) Except as provided in division (D) below, if a Code Official believes, based on his or her personal observation or investigation, that a person has violated the code, he or she shall issue a notice of violation to the offender, allowing the offender seven days to remedy the violation without fine. The offender will be allowed a reasonable extension of time to remedy the violation without fine at the discretion of the Code Official.
(C) The Code Enforcement Officer shall issue a citation by one of the following methods:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person 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) Mailing a copy of the citation by regular first-class mail to the last known recorded 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 in division (C) (1), (2) or (3) is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(D) If the offender fails or refuses to remedy the violation within the time allotted by the Code Official, the Code Official is authorized to issue a citation. The citation shall represent a determination by the Code Official that a violation has been committed, and that determination shall be final unless contested by the alleged violator and taken before the Board.
(E) Nothing in this subchapter shall prohibit the city or county from taking immediate action to remedy a violation of its ordinances when there is reason to believe 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 citation issued by the Code Official shall contain the following information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the offense was committed;
(4) The facts constituting the offense;
(5) The section of the code or the number of the ordinance violated;
(6) The name of the Code Official;
(7) The fine that will be imposed for the violation if the person does not contest the citation;
(8) The maximum fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the fine or to contest the citation;
(10) A statement that, if the person fails to pay the fine set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Board to contest the citation and that the determination that the violation was committed shall be final;
(11) Notice that a lien may be filed or foreclosure proceedings initiated to collect fines, charges, costs, penalties, and fees, including attorney’s fees; or
(12) After issuing a citation for an alleged violation, the Code Enforcement Officer shall notify the Administrative Hearing Board by delivering the citation to it at its next meeting.
(G) Upon receipt of a citation, the offender shall respond to the citation within seven days of the date of receipt by either paying the fine or requesting, in writing, a hearing before the Board to contest the citation. If the offender responds by paying the fine, the offender shall still be required to remedy the violation and will be given a reasonable time to remedy. If the offender fails to remedy the violation, another notice of violation may be issued, in accordance with division (B) above, for another violation of the code. If the person fails to respond to the citation within seven days, 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, and the person shall be deemed to have waived the right to appeal the final order to the District Court.
(H) If the offender does not contest the citation within the time prescribed, the Administrative Hearing Board shall enter a final order determining that the violation was committed, no contest was initiated, and then cause the nuisance to be abated and/or impose the fine set forth in the citation. If the offender does not remedy in the time provided, another notice of violation may be issued, in accordance with division (B) above, for another violation of the code. Notice of the final order shall be served on the offender by:
(1) Regular first-class mail;
(2) Certified mail with return receipt requested;
(3) Personal delivery; or
(4) Leaving a copy of the order at the person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the order.
(Ord. 2010-11, passed 5-12-2010; Ord. 2011-7, passed 7-27-2011; Ord. 2022-2, passed 3-24-2022)