The following requirements shall govern all enforcement proceedings before the Code Enforcement Board:
(A) Enforcement proceedings shall only be initiated by the issuance of a citation by a code enforcement officer.
(B) If a code enforcement officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance, the code enforcement officer is authorized to issue a citation.
(C) The code enforcement officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of a local government ordinance, the officer is authorized to issue a citation 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 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 paragraphs (A) to (C) of this section is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(D) The citation issued by the code enforcement officer shall contain the following information, in addition to any other information required by ordinance or rule of the Board:
(1) The date and time of 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;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance 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:
(a) The person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation;
(b) The determination that the violation was committed shall be final;
(c) 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
(d) The person shall be deemed to have waived the right to appeal the final order to District Court.
(E) After issuing a citation to an alleged violator, the code enforcement officer shall notify the Code Enforcement Board by delivering the citation to the City Clerk at City Hall. The code enforcement 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.
(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 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. 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.
(G) Notices of violation or citations involving motor vehicles shall be sent to the property owner or other person having control or management of the premises or property, and the motor vehicle owner if known.
(H) Nothing in this section shall prohibit the city from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(Ord. 2018-03, passed 9-18-17)