(a) Any city officer or employee authorized to enforce the City’s Building, Housing, Zoning, Health, or Fire Prevention Codes may issue a notice of civil offense and civil fine to a Responsible Party.
(b) A notice of civil offense and civil fine shall:
(1) Identify the Owner, Operator, or Local Agent in Charge of the premises;
(2) Indicate the offense or offenses charged, the civil fine, and date, time, and location of the offense or offenses charged;
(3) Be signed, dated and attested by the issuing officer or employee;
(4) Advise the Responsible Party being charged that all available collection remedies and costs of collection will be pursued in the event the civil fine and other charges are not timely paid; and
(5) Advise the Responsible Party that failure to appeal the notice or pay the costs imposed shall constitute a waiver of the right to contest the notice and shall be considered an admission. The notice shall further state that if the Notice of Civil Offense is not appealed or paid in that period, then a default finding of civil liability shall be imposed upon respondents for the costs established in Section 3104.99.
(c) The notice of civil offense shall be served upon the Responsible Party charged by one or more of the following means:
(1) By personal delivery to the Responsible Party charged;
(2) By delivery to an adult at the address of the Responsible Party charged;
(3) By posting a copy of the notice in a conspicuous location on the real property where the violation occurred if the real property is owned or occupied by the Responsible Party charged;
(4) By mail addressed to the Responsible Party charged at an address shown on a public record identifying the Responsible Party being charged as the owner, operator, or Local Agent in Charge of the real property to which the offense relates. If mail service is attempted via mail with a “certificate of mailing” or via certified or registered mail and the mail is not returned by the postal service within 15 calendar days of mailing, the delivery of the notice shall be presumed.
(5) In addition to divisions (c)(1) - (c)(4), service may be made by publication electronically or once in a newspaper of general circulation in the City.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)