(a) A municipal civil infraction action shall be commenced upon the issuance by an authorized enforcement official of a Municipal civil infraction violation notice directing the person alleged to be responsible to appear at the City of Hudson Police Department.
(b) The form of notices used to issue Municipal civil infraction violation notices shall be in accordance with forms prescribed by the Solicitor.
(c) The basis for issuance of a Municipal civil infraction violation notice shall be as set forth below:
(1) An authorized enforcement official who witnesses a person violate an ordinance, the violation of which is a Municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a notice.
(2) An authorized enforcement official may issue a notice to a person if, based upon investigation, the official has reasonable cause to believe that a person is responsible for a Municipal civil infraction.
(3) An authorized enforcement official may issue a notice to a person if, based upon investigation of a complaint by someone who allegedly witnessed the person violate an ordinance, a violation of which is a Municipal civil infraction, the official has reasonable cause to believe that the person is responsible for a Municipal civil infraction and if the Solicitor, Prosecutor or other attorney for the City approves in writing the issuance of the notice on this basis.
(d) A Municipal civil infraction violation notice shall be served in the following manner:
(1) Except as otherwise provided below, the authorized enforcement official shall personally serve a copy of the notice upon the alleged violator.
(2) In a Municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the notice need not be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building or structure by posting the copy on the land or attaching the copy to the building or structure. In addition, a copy of the notice shall be sent by first class mail to the owner of the land, building or structure at the owner's last known address.
(3) A notice served as provided in paragraph (d)(2) hereof for a violation involving the use or occupancy of land or a building or other structure shall be processed in the same manner as a notice served personally upon an alleged violator.
(Ord. 96-88. Passed 11-20-96.)