The following requirements shall govern all enforcement proceedings before the Board.
(A) Enforcement proceedings before the Code of Ordinance Enforcement Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Service of the citation upon the offender shall be made by a Code Enforcement Officer and shall be effectuated 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; or
(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 above in division (B)(1) to (3) is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(C) Except as provided in § 33.195, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance, he or she may issue a notice of code violation to the offender allowing the offender a specified period of time to remedy the violation without fine. If the offender fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation. Nothing contained herein prohibits a Code Enforcement Officer from issuing a citation without prior issuance of a Notice of Violation.
(D) 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 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 will be imposed for the violation if the person does not contest the citation;
(9) The maximum civil fine that may be imposed if the person elects to contest the citation;
(10) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(11) A statement that if the person fails to pay the civil fine set forth in the citation or to contest the citation within the time allowed the person shall be deemed to have waived the right to a hearing before the Code of Ordinance Enforcement Board to contest the citation and the determination the violation was committed shall be final, and the alleged violator 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 of Ordinance Enforcement Board by delivering a copy of the citation along with proof of proper service to the Hopkinsville Fire Department.
(F) The person to whom the citation is issued shall respond to the citation within seven calendar days of the date of issuance by either paying the civil fine or requesting, in writing, to the Code of Ordinance Enforcement Board, in c/o the Hopkinsville Fire Department, a hearing before the Code of Ordinance Enforcement Board to contest the citation. If response to the citation is not received by the Code of Ordinance Enforcement Board, in c/o the Hopkinsville Fire Department, 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.
(G) Notice of the 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. 24-2002, passed 12-3-2002; Ord. 07-2004, passed 4-6-2004; Ord. 04-2008, passed 3-18-2008; Ord. 10-2009, passed 6-16-2009; Ord. 23-2016, passed 12-20-2016; Ord. 21-2017, passed 12-19-2017; Ord. 44-2023, passed 11-21-2023)