(A) The Code Compliance Officer is authorized to issue a citation, in a form adopted by the City Council, that minimally complies with this subchapter, upon reasonable belief that a code violation has occurred. The citation must be issued in one of the following ways:
(1) By personal service upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon an employee on the premises or to a corporate officer;
(2) By first class U.S. Mail to a person identified in division (A)(1);
(3) By posting the citation in a conspicuous place on or near the main entrance where it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling;
(4) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class U.S. Mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; or
(5) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class U.S. Mail, notice of the citation to the licensee where the property is a rental dwelling licensed by the city.
(B) Contents of citation. The citation must state the date, time, and nature of the offense, the identity of the person issuing the citation, the amount of the scheduled fine, the manner of paying the tine or appealing the citation, a date by which the fine must be paid, a compliance date or range of dates, if any, and the manner and time for taking an appeal. If a compliance date or range of dates is given, the citation must state the action that must be taken to achieve compliance, and it must conspicuously state that if compliance is not achieved within the stated time, the city may thereafter abate the violation without further warning and with assessment of the costs therefore to the subject property. Any compliance date must be not less than seven nor more than 30 days following the date the citation is issued; provided, however, that in an emergency situation that poses an immediate threat to public safety, health or welfare, an earlier compliance date may be set. The compliance date may be extended by the Code Compliance Official for up to 30 days following the date of the citation upon a determination by the Code Compliance Official that a reasonable plan for remedying the violation exists. The plan must be agreed to in writing by the owner of the property for an extension to be granted. Unless an appeal is taken or compliance is achieved before the compliance date, no further notice is necessary prior to the entry on the property by city officials or their agents and assignees to abate the violation and assess the costs of abatement to the property.
(C) The owner or occupant of the property must pay the fine and, if required, come into compliance, or appeal, in a manner consistent with division (D), within any time period specified on the citation. Unless the violation is a second or subsequent violation pursuant to § 10.33(C) or is a violation for which a fine is imposed pursuant to § 10.33(D), the fine will be waived if compliance is achieved by the compliance date. Voluntary compliance after the citation is issued and/or payment of the fine constitutes admission of the violation. The Code Compliance Official may extend the time for appeal only on a showing of good cause. Payment of the fine does not forgive continued violation of City Code.
(D) Contents of appeal. The appeal must be in writing and executed by the owner of the property. The appeal must minimally state the name and mailing address of the person that caused the violation, that person's relationship to the property involved, and a brief statement why the citation is in error.
(Ord. passed 4-5-21)