The following requirements shall govern all enforcement proceedings before the Board.
(A) Enforcement proceedings before the Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) When a Code Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of a City of Falmouth ordinance, the Code Enforcement Officer is authorized to issue a citation to the offender. When authorized by ordinance, a Code Enforcement Officer may, in lieu of immediately issuing a citation, give notice that a violation shall be remedied within a specified period of time. Such notice shall include a statement that if the problem is not remedied, the city shall issue a citation. If the person to whom the notice is given fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation. The citation shall be served by one or more of the following methods:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person 18 years of age or older who is on the premises, if the alleged violator is not on the premises at the time the citation is issued;
(3) Mailing a copy of the citation by regular first-class mail to the last known recorded mailing address of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in divisions (B)(1) through (B)(3) above is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(C) The citation issued by the Code Enforcement Officer shall contain the following information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the offense was committed;
(4) The facts constituting the offense;
(5) The section of the code or the number of the ordinance violated;
(6) The name of the Code Enforcement Officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the citation;
(8) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation and that the determination that the violation was committed shall be final.
(D) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the administrative official designated by ordinance or by the Board;
(E) The person to whom the citation is issued shall respond to the citation within seven days of the date of issuance by either paying the civil fine or requesting, in writing, a hearing before the Code Enforcement Board to contest the citation. If the person fails to respond to the citation within seven days, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final and the civil fine and any other remedial measures set forth in the citation shall be imposed; and
(F) If the alleged violator does not contest the citation within the time prescribed, the violation will be deemed to have been committed and the civil fine and any other remedial measure set forth in the citation shall be imposed.
(Ord. 94.05-2013, passed 12-10-13; Am. Ord. 2021:4, passed 6-1-21)