The following requirements shall govern all administrative enforcement proceedings:
(a) Enforcement proceedings shall be initiated by the issuance of a citation by a code enforcement officer.
(b) When a code enforcement officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of an ordinance, 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;
(3) Mailing a copy of the citation by regular first-class mail 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 paragraphs (1) to (3) of this subsection is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
A code enforcement officer may, in lieu of immediately issuing a citation, give notice that a violation shall be remedied within a specified period of time if authorized by ordinance for a violation of that nature. 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. Nothing in this section shall prohibit the government from taking immediate action if necessary as further provided in section 2B-10 or the applicable ordinance.
(c) The citation issued by the code enforcement officer shall be in a form prescribed by the urban county government and 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 of the Code or the number of the ordinance violated;
(6) The name of the code enforcement officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the citation (if the ordinance establishing the fine provides for such an option);
(8) The maximum civil fine that may be imposed if the person elects to contest the citation;
(9) The procedure for the person to follow in order to pay the civil fine or 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 an administrative hearing to contest the citation and that the determination that a violation was committed shall be final and the person shall be deemed to have waived his or her right to appeal.
(d) After issuing a citation to an alleged violator, the code enforcement officer shall notify the code enforcement board by delivering the citation to the administrative official designated by ordinance or by the board.
(e) When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven (7) days of the date the citation is issued by either paying the civil fine set forth in the citation or requesting, in writing, an administrative hearing to contest the citation. If the person fails to respond to the citation within seven (7) 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 a violation was committed and imposing the civil fine as set forth in the citation, and the person shall be deemed to have waived his or her right to an appeal. Notice of the final order shall be provided to the cited violator by:
(1) Regular first-class mail;
(2) Certified mail, return receipt requested;
(3) Personal delivery; or
(4) Leaving a copy of the order at that person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the order.
Editor's note(s)—Former § 2B-5. See editor's note at § 2B-2.