§ 41.07  ENFORCEMENT PROCEEDINGS.
   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)   Except as provided in § 41.17, if a code enforcement officer believes, based on his personal observation or investigation, that a person has violated a city ordinance, he shall issue a notice of violation allowing the alleged violator a specified period of time to remedy the violation without incurring a fine. If the alleged violator fails or refuses to remedy the violation within the time specified, the code enforcement officer is authorized to issue a citation. The code enforcement officer shall issue a citation by one 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; 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 to the owner of record of the property, if no one is on the premises at the time the citation is issued.
   (D)   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 physical address of the premises where the violation occurred;
      (4)   The date and time the offense was committed or discovered;
      (5)   The facts constituting the offense;
      (6)   The section of the code or the ordinance number violated;
      (7)   The name of the code enforcement officer;
      (8)   The civil fine that may be imposed for the violation, including, if applicable:
         (a)   The civil fine that will be imposed if the person does not contest the citation; and
         (b)   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; the determination that the violation was committed shall be final; the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation; and the person shall be deemed to have waived the right to appeal the final order to Kenton District Court.
   (E)   After issuing a citation to an alleged violator, the code enforcement officer shall notify the Board and city by delivering a copy of the citation to the City Administrator's Office.
   (F)   (1)   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 Board to contest the citation. The request for a hearing shall be delivered to the City Administrator's office. The request shall include the name and address of the person requesting the hearing so that the city may notify the person of the hearing. 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. In this event, the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to District Court.
      (2)   Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice.
(Ord. 2016-14, passed 1-9-17)