(a) A city official charged with enforcement of the Middletown Codified Ordinances may issue a notice of civil offense and civil fine to a person found to have committed a civil offense.
(b) A notice of civil offense and civil fine must advise the person served:
(1) That unless a written answer is filed or the civil fine paid within 10 calendar days from the date of the notice, the fine will double;
(2) That a hearing will be held if requested;
(3) That failure to appear at a requested hearing will be considered an admission of the civil offense;
(4) That all available collection remedies and costs of collection will be pursued in the event the civil fine and delinquent charges are not timely paid; and
(5) That the civil fine otherwise due may be reduced if the notice is for an offense that is subject to reduction if the offense is corrected.
(c) A notice of civil offense and civil fine:
(1) Must state the date that the notice is issued;
(2) Must identify the person being charged if known to the issuing city official;
(3) Indicate the offense charged, the civil fine for the offense, and the date, time and location of the offense charged;
(4) Be signed and attested to by the issuing city official; and
(5) If the person charged is present, the issuing city official may personally serve the person charged with a copy of the notice.
(d) The issuing city official must serve the notice of civil offense and civil fine in one of the following manners:
(1) The notice may be served:
A. Personally on the person responsible for the offense; or
B. By United States certified mail, return receipt requested.
1. If attempted service by certified mail is returned "refused", the notice may be sent by ordinary United States mail at the same address. The mailing shall be evidenced by a certificate of mailing certified by the person sending such mailing. Service shall be deemed complete three days after the certificate of mailing.
2. If attempted service by certified mail is returned "unclaimed", the notice may be sent by ordinary United States mail at the same address. The mailing shall be evidenced by a certificate of mailing certified by the person sending such mailing. Service shall be deemed complete three days after the certificate of mailing, provided the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
(2) If the notice involves an offense which occurred on or immediately adjacent to the real property owned, occupied or controlled by the person being charged, the notice may be constructively served by posting a copy of the notice in a conspicuous location on the real property and by mailing a copy of the notice to the person by first class U.S. Mail to the address of the property owner as indicated in the public record of the county auditor in the county where the property is located; or
(3) If the notice relates to an offense involving a motor vehicle, the notice may be constructively served by posting a copy of the notice on the motor vehicle and by mailing a copy of the notice to the person responsible for the offense by first class U.S. Mail.
(e) The original of a notice of civil offense and civil fine issued pursuant to this section or a true copy of it is a record kept in the ordinary course of business of the city and is prima-facie evidence of the facts it contains.
(Ord. O2019-35, passed 6-4-2019)