(a) If an investigation by an enforcement official reveals that a code violation exists, the enforcement official may issue a summons to appear in Municipal Court 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, and shall order that violation corrected. Nothing within this Section shall prohibit the enforcement officer in his or her discretion from issuing a warning prior to issuing a summons to appear.
(b) A summons to appear may be served by personal or substituted service in accordance with the West Virginia Rules of Civil Procedure, by either delivering the notice to the person in violation personally or by posting the summons to appear in a visible conspicuous location on the property. The summons to appear can be delivered to the person in violation or by delivering the notice to a member of that person's family who is above the age of 16 years and by advising such person of the purpose of the summons to appear. Proof of personal service shall be made at the time of service by a written declaration and manner by which service was made. Proof of posting of the summons to appear shall be made by photographic evidence of the posting with time and date noted on the photograph.
(1) The summons to appear shall be in writing and shall contain the following:
A. The date the summons to appear is issued;
B. The name and address of the person(s) charged with the violation;
C. The section of the Code that has been violated;
D. The nature of the violation;
E. The place and time the violation occurred;
F. The penalties/fines imposed by the violation;
G. The name, address and telephone number of the enforcement official issuing the summons to appear;
H. The time period allowed for the violation to be corrected;
I. The time period allowed shall take into consideration the threat posed by the violation to the health, safety and welfare of the public and the nature of the work required to correct the violation, provided that no such time period for correction shall be less than five days, unless such violation constitutes a dangerous or emergency condition and immediate action is required to remedy the violation; and
J. The name, address and telephone number of the office of the Municipal Court Clerk to respond to the summons to appear, and where notices of violation may be appealed and fines are to be paid.
(Ord. 725. Passed 4-6-15; Ord. 782. Passed 7-1-19.)