§ 40.05 INSTITUTING GENERAL ORDINANCE HEARING PROCEEDINGS.
   (A)   When a police officer, city inspector or other individual authorized by the city to issue an ordinance violation finds an ordinance violation to exist, he or she shall note the violation on a multiple copy violation notice and report form, indicating the name and address of the respondent, the type and nature of the violation, the date and time the violation was observed, the names of witnesses to the violation, and the address of the location or property where the violation is observed, if applicable.
   (B)   The violation notice and report form shall be forwarded to the City Clerk where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30 nor more than 40 days after the violation is reported. However, if the code violation involves a city ordinance regulating daytime curfew, the hearing date shall not be less than seven nor more than 40 days after the violation is reported. The violation notice and report form shall state that failure to appear at the hearing on the date indicated may result in a determination of liability for the cited violation and the imposition of fines and assessment of costs as provided by the applicable city ordinance. The violation notice and report form shall also state that upon a determination of liability and the exhaustion or failure to exhaust procedures for judicial review, any unpaid fines or costs imposed will constitute a debt due and owing the city.
   (C)   One copy of the violation report form shall be maintained in the files of the City Clerk and shall be part of the record of hearing; one copy of the report form shall be returned to the individual representing the city in the case so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated; and one copy of the violation report form shall be served upon the respondent either personally, by first class mail, postage prepaid, and sent to the address of the respondent along with a summons commanding the respondent to appear at the hearing.
(Ord. 20-0609-215, passed 6-9-2020)