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 an ordinance, the Officer is authorized to issue a citation to the offender. A Code Enforcement Officer may, in lieu of issuing a citation, give a notice of violation, which shall serve to notify the violator to remedy the violation within the time specified. If the offender fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(C) Issuance of a citation shall be by:
(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 was issued; or
(3) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail of the United States Postal Service to the owner of record of the property if no one is on the premises at the time the citation is issued.
(D) Nothing in this subchapter shall prevent a Code Enforcement Officer, as defined in § 33.70 herein, from taking immediate action to remedy a violation of its ordinances or codes when there is reason to believe that the violation constitutes a public nuisance or a threat to the public health, safety or welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible. A citation may also be issued for the violation.
(E) The citation issued by the code enforcement officer shall contain the following information:
(1) The date and time of the issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the offense was committed or discovered;
(4) Brief facts constituting the offense;
(5) The section of the code or the ordinance number violated;
(6) The name of the Code Enforcement Officer;
(7) The civil fine that may 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 Board or hearing officer and the alleged violator shall be deemed to have waived the right to appeal the final order of the District Court to contest the citation and that the determination that the violation was committed shall be final.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Board by delivering a copy of the citation to the City Clerk. The Code Enforcement Officer, hearing officer, or Code Enforcement Board may also elect to provide notice of the issuance of the citation to any lienholder with an interest in the subject premises.
(G) 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 and remedying the violation or requesting, in writing, a hearing to contest a citation. The request for a hearing shall be delivered to the City Clerk. The request shall include the name and address of the person requesting the hearing. If the person fails to respond to the citation within seven calendar days the person shall be deemed to have waived the right to a hearing and any determination that a violation was committed shall be considered final. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in tire manner set forth in subsection (5) of Section 8 of The Act.
(H) Citations shall be substantially in the form of Exhibit A hereto.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)