(A) Enforcing Officer. The Code Enforcement Officer or any law enforcement officer shall enforce the provisions of this chapter. Enforcement may be facilitated by, but shall not be dependent upon, a complaint by a resident of the city or other person to the Code Enforcement Officer or a law enforcement officer.
(1) For the purpose of this section, hereinafter the Code Enforcement Officer and any law enforcement officer enforcing this chapter shall be referenced either collectively or singularly as "enforcing officer."
(B) Notice and citation.
(1) When a violation of this chapter is suspected, a written warning notice may be issued prescribing a period not to exceed 30 days by which to cure or abate the suspected violation.
(2) If the suspected violation is not cured within the prescribed period, the enforcing officer may issue a citation and commence proceedings in the magistrate court. Alternatively, the enforcing officer may commence proceedings in the magistrate court by filing a complaint.
(3) At the discretion of the enforcing officer, a written citation may be issued or complaint filed without first providing an opportunity to cure if it is determined that the violation has previously occurred at the property or an immediate threat to public health and safety exists.
(4) It shall be unlawful for a person to fail or refuse to provide evidence of his or her identity to the enforcing officer upon request when such officer has reasonable cause to believe the person has committed a violation of this chapter. Sufficient evidence of identity shall consist of a picture identification containing the person's full legal name, address, and date of birth.
(C) Responsible party. Citations may be issued to and complaints filed against any person who violates any provision of this chapter as well as any person responsible for the property upon which a violation of this chapter occurs, including:
(1) Owners of the real property or their agents; or
(2) Occupants of the real property exercising actual control thereon.
(D) Separate violations. Each day in which a violation of this chapter continues shall constitute a separate violation of this chapter.
(E) Penalty. Upon the Magistrate Court finding a person responsible for a violation of this chapter, the court shall impose a fine in an amount not less than $25 nor more than $500 for each violation and order the immediate abatement of any ongoing violation.
(Ord. 173, passed 7-21-2021)