(A) Issuance of citation. Upon determining that a violation of the Municipal Code has occurred, the Enforcement Officer shall determine the party responsible for the violation. If the responsible party is a business, the responsible party shall be deemed to be the person who is in immediate control of the business on site that day, or when determined by the Enforcement Officer, the legal owner of the business may be deemed the responsible party.
(B) Written notice. Except as provided for in subdivision (D) of this section, prior to issuing an administrative citation to a responsible party, the Enforcement Officer shall provide written notice to the responsible party of the violation. That notice need not be in any particular form but shall at a minimum:
(1) Describe the nature of the Municipal Code violation, including identifying the Municipal Code section or sections violated;
(2) Identify what action is necessary to correct the violation;
(3) Provide the responsible party with not less than 10 days to correct the violation, unless: (i) a lesser time is specified elsewhere in the Municipal Code; or (ii) the Enforcement Officer determines that a lesser time is necessary to protect the public health, safety, or welfare of the citizens of the city;
(4) Explain the consequences of a failure to correct the violation or violations; and
(5) The maximum fine that could be imposed.
(C) Delivery of notice. The notice required in subsection (B) of this section may be delivered to the responsible party by first class mail, postage pre-paid, certified mail, overnight mail, facsimile, telex, hand delivery, or by any other method reasonably likely to provide notice to the responsible party, by sending notice to the responsible party's business address, principal place of business address, residence address, or other address known to the Enforcement Officer by reliable information. The time within which to correct the violation shall run from the date the notice is sent.
(D) Exceptions. The notice required under this section may be dispensed with for the following violations: (1) violations that create an imminent danger to the health, safety and/or welfare as determined by the Enforcement Officer, and for which immediate correction is required; (2) non-continuing violations for which it is not practicable or possible to provide prior notice and an opportunity to correct; and (3) repeat or chronic violations where either formal or informal notice of the violation, and previous reasonable opportunities to correct have been provided. Examples of non-continuing violations where notice is not practicable or possible include, but are not limited to, violations relating to the maintaining of dogs at large and vicious dogs, the spillage of hazardous waste, watering at prohibited times and other water wasting violations, and the lighting of fires.
(E) Expiration of notice. If after the expiration of the time period provided to the responsible party to correct the violation, the responsible party has not corrected the violation, the Enforcement Officer may issue an administrative citation to the responsible party by one of the following methods:
(1) The Enforcement Officer may attempt to locate the responsible party at the location of the violation during regular business hours if a business, or at any reasonable time if not a business. If the Enforcement Officer is able to locate the responsible party, the Enforcement Officer shall attempt to obtain the signature of that person on the administrative citation. If that responsible party refuses to or does not sign the administrative citation, the lack of signature shall in no way affect the validity of the citation and subsequent proceedings. If the responsible party refuses to accept the administrative citation, the Enforcement Officer may either leave the citation with the responsible party or mail the citation in accordance with this section;
(2) For property related violations, the Enforcement Officer may securely post the citation in a conspicuous place on the property and mail a copy of the citation to the responsible party by first class mail within three days of posting to the responsible party's business address, principal place of business address, residence address, or other address known to the Enforcement Officer by reliable information. Such mailing may be made by first class mail, postage pre-paid, or by certified mail.
(F) Sufficient notice of subsequent violation. The notice provided pursuant to this section shall be sufficient notice for subsequent violations of the same code section occurring within one year of the notice if the violation occurs at the same location.
(Ord. 744 C.S., passed 1-15-03)