(A) Enforcement proceedings before the Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer. The Officer is authorized to issue a citation by:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person eighteen (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) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy by regular first-class mail of the Untied States Postal Service to the owner of record of the property if no one is on the premises at the time the citation is issued.
(B) Except as provided in subsection (C) of this section, if a Code Enforcement Officer reasonably believes, based on his or her personal observation or investigation, that a person has violated a city ordinance or code provision, a notice of violation may be issued to the violator allowing the violator a specifies period of time to remedy the violation without fine or sanction. If the offender fails or refuses to remedy the violation within that time period, the Code Enforcement Officer shall issue a citation.
(C) Nothing in this ordinance shall prohibit the city from taking immediate action to remedy a violation of its ordinances or codes when there is reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(D) The citation issued by the Code Enforcement Officer shall contain:
(1) The date and time of issue;
(2) The name and address of the person to whom it is issued;
(3) The date and time the violation was committed or discovered;
(4) The facts constituting the violation;
(5) The section of the code or ordinance violated;
(6) The name and signature of the Code Enforcement Officer;
(7) The amount of the civil fine that will be imposed for the violation if the person does not contest the citation;
(8) The maximum civil fine which may be imposed for the violation if the person contests the citation;
(9) The procedure to follow to pay a civil fine or to contest a citation; and
(10) A statement that if the person fails to pay the civil fine or contest the citation within the time allowed, the person shall be deemed to have waived the right to a hearing before the Board and its determination of the violation shall be final.
(E) After issuing a citation, the Code Enforcement Officer shall deliver a copy of the citation to the City Clerk, the City Attorney, or such other person as may be designated by the Board who shall inform the chairperson of the Board.
(F) The person to whom a citation is issued shall respond, within seven (7) business days, either by paying the civil fine or presenting a written request for a hearing to contest the citation before the Board to the City Clerk’s office. Failure to respond to a citation within seven (7) business days shall be deemed waiver of the right to a hearing and the Board’s determination that a violation was committed shall be final.
(G) If the alleged violator does not contest the citation within the time prescribed, the Board shall enter a final order determining that the violation was committed and impose the civil fine set forth in the citation. A copy of the final order shall be served on the person guilty of the violation in the manner prescribed in § 39.08(A) above.
(Ord. 2005-12, passed 8-8-05; Am. Ord. 2012-09, passed 5-21-12; Am. Ord. 2013-002, passed 2-11-13)