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The Building Inspection/Code Enforcement Division is hereby established under the Community Development Department and its head shall be the Chief Building Official. The Chief Building Official is authorized and directed to provide inspectors with citation forms which may be used for the purpose of giving due notice and summons to the person responsible, for violations of Part 13, Property Maintenance Code, Part 11, Planning and Zoning Code, Part 5, General Offenses Code, Chapters 503, 505 and 521 and Part 9, Streets, Utilities and Public Services Code, of the Codified Ordinances of the City of Fairborn, Ohio.
(a) Such citation form shall be put in writing, describe the offense charged, refer to the section of the chapter violated, order the defendant to appear at a stated time and place, and it shall be made on oath before any person authorized by law to administer oaths.
(b) The citation shall be served on such person in accordance with the provisions of Section PM-107.3 of the Property Maintenance Code.
(c) The citation form shall inform the defendant that on a first offense, in lieu of appearing at the time and place stated, he may, within that stated time, appear personally at the office of the Clerk of Court and on signing a plea guilty and a waiver of trial pay a stated fine and stated costs, if any. The citation shall inform the defendant that he may be arrested if he fails to appear either at the Clerk’s office or at the time and place stated in the citation.
(d) When the defendant fails to appear within the stated time, a warrant may be issued for the arrest of that person.
(e) When a defendant appears, but does not sign a guilty plea and waiver of trial, the court shall proceed in accordance with Rule 5 of the Ohio Rules of Criminal Procedure.
(f) The citation form as herein provided, shall be sufficient notice, summons, and legal service thereof for the purpose specified thereon, provided that the use of such citations shall not prohibit the issuance of either additional citations or a legal notice of violation as provided by Section 107 of the Property Maintenance Code, in the event such violation is continued or repeated.
(Ord. 36-01. Passed 12-3-01.)