The following requirements shall govern all enforcement proceedings before the Board.
(A) Enforcement proceedings shall only be initiated by the issuance of a citation or notice of violation by a code enforcement officer.
(B) When a code enforcement officer believes, based on his or her personal observation or investigation, has reasonable cause to believe that a person has violated a county ordinance, the code enforcement officer is authorized to issue a citation. A code enforcement officer may, in lieu of immediately issuing a citation, issue a notice of violation to the offender allowing the offender a specified period of time to remedy the violation without fine. The time allowed by the code enforcement officer shall depend on the nature of the violation and the time to remedy the violation. If the offender fails, or refuses, to remedy the violation within the time specified, the code enforcement officer is authorized to issue a citation.
(C) Nothing in this subchapter shall prohibit the county from taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible. Also, nothing in this subchapter shall prohibit the county from correcting the violation through self help and to file liens on premises, whether real or personal, to recover the costs incurred by the county.
(D) The citation issued by the code enforcement officer shall contain the following information:
(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 ordinance or other code 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;
(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 pays the civil fine set forth in the citation or fails to contest the citation within the time allowed. the person shall be deemed as having waived the right to a hearing before the Code Enforcement Board and the determination that a violation was committed shall be final.
(E) After issuing a citation to an alleged violator, the code enforcement officer shall physically deliver an identical copy of the citation to the Clerk designated by the Board.
(F) The alleged violator to whom the citation is issued shall respond to the citation within seven days of the date of issuance by either paying the civil fine or requesting, in writing to the Board Clerk, a hearing before the Code Enforcement Board to contest the citation. If the alleged violator fails to respond to the citation within seven days, the alleged violator shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final.
(G) If the alleged violator does not contest the citation within the time prescribed, the Code Enforcement 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.
(Ord. 2024-830.1, passed 5-23-2024)