All code violations, which are deemed to be municipal infractions, may initially be charged upon a simple notice of violation. The City may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the party's last known address. A person charged shall be subject to a civil penalty applicable to municipal infractions as set forth in the schedule of Civil Penalties and Fees listed in the Appendix of this Code of Ordinances, unless another penalty is specifically provided for elsewhere in the code for that particular violation.
1. A person charged shall have thirty (30) days to either admit and pay the civil penalty or appeal the notice of violation to the City Council. If the penalty is paid within thirty (30) days of the notice of violation, all but $50.00 of the penalty shall be waived. Upon payment of the penalty to the City Clerk, or his or her designee, and performance of any other act required by law to be performed, the person charged shall not be further prosecuted or assessed any costs or other expenses for such violation, and the city shall retain all penalties collected pursuant to this section.
2. An individual who receives a notice of violation pursuant to this section, may appeal the notice to City Council. The request to Appeal the notice of violation must be made in writing and delivered to the Clerk within thirty (30) days of the date of the Notice. The Appeal hearing will be before the Council at a time and place fixed by the Council. If the recipient of the Notice is not satisfied with the results of the hearing, the recipient may request the issuance of a municipal infraction citation.
3. Where a code violation initially charged upon a simple notice of violation pursuant to this section is not admitted and paid within 30 days by the person charged, or is admitted by the person charged but other acts required to be performed were not performed, a civil municipal infraction citation may be served and filed with the courts in the manner prescribed in section 4.04 of this Chapter. Such municipal infraction citation may seek a penalty and/or additional relief to the extent permitted by law.
4. This section does not impose a duty to initially charge all municipal infractions upon simple notice, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief.
(Ord. 1511 - Dec. 19 Supp.)