(A) There is hereby created an Ordinance Violations Bureau for the city. The City's Clerk-Treasurer, or the Clerk-Treasurer’s designee, shall serve as the Violations Clerk.
(B) The Violations Clerk shall accept written appearances, waivers of trial, admissions of violations, and payment of civil penalties in ordinance/code violation cases as particularized in § 36.04 of this chapter.
(1) It shall be the duty of the Violations Clerk to keep a current record showing the amount of fees paid, the date paid, and the serial number of the receipt.
(2) It shall be a further duty of the Violations Clerk to account for all the fines paid under the provisions of this chapter, and to pay such funds as designated by ordinance and provided for by state law.
(Ord. 12-C-90, passed 8-14-90; Am. Ord. 7-C-94, passed 6-14-94; Am. Ord. 3-C-09, passed 3-10-09)
(A) The penalties set forth in this chapter amend all specific or general monetary penalty sections of the Huntington Code only as they relate to the specific offenses set out in § 36.04 of this chapter. Otherwise, this chapter does not amend any monetary or non-monetary penalty or any remedial rights or enforcement rights provisions of the Huntington Code.
(B) For the purposes of this chapter, a “CITATION” means a written notice in a form adopted by the Violations Clerk, which advises a code violator of the time, place and nature of the violation, the fine imposed and the violator's rights and duties.
(Ord. 12-C-90, passed 8-14-90; Am. Ord. 7-C-94, passed 6-14-94; Am. Ord. 3-C-09, passed 3-10-09)
(A) Admission of guilt. A citation is “PRESENTED” the date it is hand delivered to the Violations Clerk, or the date it is postmarked and mailed to the Office of the Clerk-Treasurer in a properly addressed envelope, with postage affixed. Voluntary payment of the fine shall constitute a written plea of guilty.
(B) Prosecution of the violation. If a person receiving a citation for violation of any ordinance or code section set out in § 36.04 of this chapter denies the violation; fails to satisfy the civil penalty assessed by this chapter; or fails to admit or deny the violation; the Violations Clerk shall report this fact to the City Attorney, who will then initiate appropriate proceedings.
(C) Late payment. A fine paid more than five business days after the issuance of the citation shall include an additional $5 penalty for late payment.
(D) Receipt; distribution and deposit of penalty payment.
(1) Upon payment of any fines pursuant to this chapter, the Violations Clerk shall issue a receipt to the person so paying, and such receipt shall be serially numbered.
(2) Three dollars of the amount collected by the Ordinance Violations Bureau for each citation issued by a member of the City Police Department shall be deposited in the City Police Department Continuing Education Fund. The balance of the amount collected for these citations shall be deposited in the city's general fund.
(3) Except as described in division (D)(2) above, all amounts collected by the Ordinance Violations Bureau shall be deposited in the city's general fund.
(Ord. 12-C-90, passed 8-14-90; Am. Ord. 7-C-94, passed 6-14-94; Am. Ord. 1-C-01, passed 4-10-01; Am. Ord. 3-C-09, passed 3-10-09)
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