(A) Before any administrative adjudication proceeding may be conducted, the parties must be afforded notice in compliance with this section.
(B) Unless otherwise provided by law or rule, the issue of a notice of violation or notice of hearing must specify in the notice his or her name and department; where known, the name and address of the person or entity charged with the violation; the date, time and place of the violation; the section of the Code or departmental rule or regulation which was allegedly violated; and certify the correctness of the specified information by signing his or her name to the notice with the following: “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge and belief.” A notice of hearing including the date, time, and location of the hearing and the penalties for failure to appear at the hearing must be included.
(C) Unless otherwise provided by law or rule, a notice of violation or notice of hearing must be served upon the alleged violator no less than 14 calendar days before the date of the hearing:
(1) By first class or express mail or by overnight carrier at the violator’s residence address or, if the violator is a business entity, at any address identified for its registered agent or at its principal place of business;
(2) By personal service, including personal service upon an employee or agent of the alleged violator at a place of business of the alleged violator or otherwise if such service is reasonably calculated to give the alleged violator actual notice; or
(3) If service cannot be made by either of division (C)(1) or (2) above, when the alleged violator is the owner or manager of the property, by posting a copy of the violation notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the violation notice in a prominent place upon the property where the violation is found.
(D) In all non-emergency situations, if requested by the respondent, the respondent has at least 15 days after the date of mailing or other service of a notice of violation or notice of hearing to prepare for a hearing. For purposes of this section “non-emergency situation” means any situation that does not reasonably constitute a threat to the public interest, safety, or welfare.
(Ord. 810, passed 3-5-07)