(A) Issuing and serving. The Administrator or his or her duly authorized designees may issue a civil zoning violation to a person who commits a civil zoning violation to the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs. The citation may be served by personal service, by certified mail, or by placement in a conspicuous place on the property where the violation occurs and shall serve as notice to a person that he or she has committed a civil zoning violation.
(B) First offense. No citation shall be issued for the first offense unless the person who commits a civil zoning violation, or the legal owner, the contract vendee or any person or entity with a possessory interest in the real estate upon which the violation occurs has been issued a warning ticket not less than 14 days before the issuance of the citation to allow the person to correct the violation to come into compliance with the prescribed unified development ordinance or regulations.
(C) Petition for variance, rezoning or other means. A person who receives a warning ticket or a citation may file a petition for a variance, conditional use permit, rezoning or other means provided by this ordinance to correct the violation. A person who elects to file a petition shall indicate this intent on the warning ticket or citation and return it to the issuing agency. A person shall have ten days after issuance of the warning ticket to file the petition, and additional monetary fines as prescribed in § 10.7 of this chapter shall be stayed upon the filing of the petition. A person who files the petition within the time period shall pursue the petition in an expeditious fashion. If the petition is denied, withdrawn or dismissed for want of prosecution, and the civil zoning violation continues at the real estate, then a lawsuit will be commenced by the designated enforcement entity (BZA) in a court of competent jurisdiction in the county.
(D) Warning ticket contents. The warning ticket shall include:
(1) Date;
(2) Name and address;
(3) Section number in violation and name of code;
(4) Nature of violation;
(5) Specific time allowed to bring the violative activity into compliance;
(6) Name, business address and phone number of person issuing warning ticket; and
(7) Statement to violator of option to appear before the City Board of Zoning Appeals to file a petition.
(E) Citation contents. The citation shall appear on serialized, designated form and include:
(1) Date;
(2) Name and address;
(3) Section number in violation and name of code;
(4) Nature of violation;
(5) Place and date the violation was observed;
(6) Amount of fine assessed;
(7) Time, manner and location to pay fine;
(8) Notice that each day is a new violation;
(9) Name, business address and phone number of person issuing citation; and
(10) Statement to violator of right to elect trial.
(Ord. 07-16, passed 12-10-2007)