(A) Enforcement proceedings before the Code Enforcement Board or hearing officer shall be initiated by the issuance of a citation by the Code Enforcement Officer.
(B) When the Code Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of a city ordinance or zoning regulation, the officer is authorized to issue a citation which shall be served upon the alleged violator 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 with USPS tracking 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 divisions (B)(1) to (B)(3) 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.
(C) The Code Enforcement Officer may, in lieu of immediately issuing a citation, give written notice of violation to an alleged violator or owner of the premises stating that the violation shall be remedied within a specified period of time. If the person to whom the notice is given fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(D) The citation issued by the Code Enforcement Officer shall contain, 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 date and time the offense was committed;
(4) The facts constituting the offense;
(5) The section number of the ordinance violated;
(6) The name and contact information of the Code Enforcement Officer;
(7) The civil fine that will be imposed for the violation;
(8) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedures for the person to follow in order to pay the civil fine or to request a hearing 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, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board or hearing officer to contest the citation and that the determination that a 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 and properly serving a citation on an alleged violator, owner or offending property, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering a copy of the citation to the administrative official for the Board. The Code Enforcement Officer, hearing 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) When a citation is issued and served, the person to whom the citation is issued shall respond to the citation within 14 days of the date the citation is received by either paying the civil fine set forth in the citation or requesting, in writing, a hearing to contest the citation. If the person fails to respond to the citation within 14 days, the person shall be deemed to have waived the right to a hearing to contest the citation 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 an order imposing the civil fine set forth in the citation, in which case the violator shall be deemed to have waived the right to appeal to the County District Court as provided hereinbelow. Notice of the final order shall be provided to the violator by:
(1) Regular first-class mail with USPS tracking to the last known recorded mailing address of the violator;
(2) Certified mail addressed to the violator, return receipt requested;
(3) Personal delivery to the violator; or
(4) Leaving a copy of the order at that person’s usual place of residence or at the premises with any individual residing therein who is 18 years of age or older, who is informed of the contents of the order and signs a receipt for the delivery.
(Ord. 10-2020, passed 10-5-2020)