(a) If the violation has not been corrected within the period established in the notice of violation, or is a repeat violation as set forth in Section 1109.06, the enforcement official may issue a citation to the violator. The citation shall be in writing and shall contain the following:
(1) The date the citation is issued;
(2) The name and address of the person(s) charged with the violation;
(3) The section of the ordinance that has been violated;
(4) The nature of the violation;
(5) The place and time the violation occurred;
(6) The date the notice of violation was given;
(7) The amount of the fine imposed for the violation;
(8) The name, address, and telephone number of the enforcement official issuing the citation; and
(9) The name, address and telephone number of the office of the city collector, where fines are to be paid, and of the municipal court, where citations may be appealed.
(b) A citation shall be served upon the person, either in person, or in accordance with the law of the State of West Virginia concerning the service of process in civil actions, except that a method of service effectuated by a mailing shall be deemed to be effectuated by a mailing by an enforcement official. If service is made by certified mail pursuant to this section and delivery of the citation is refused, the enforcement official, promptly upon the receipt of such refusal, shall mail to the person or entity being cited, by first class mail, postage prepaid, (1) a copy of the citation(s) (2) a notice that despite such refusal, the citation of the violation is valid, and (3) advising that the City will proceed to enforce the citation(s). So long as such first-class mailing is not returned as undeliverable by the U.S. Postal Service, service of the citation(s) will be conclusively presumed to have been effectuated. Proof of service shall be made at the time of service by a written declaration, under oath, executed by the enforcement official effecting service and shall declare the time, date and manner by which service was made.
(c) Any person served with a citation may request a hearing thereon before the Moundsville Municipal Court within ten (10) days of receipt. Failure to do so shall result in finding of civil default and assessment of the appropriate civil fine and costs as set forth hereafter.
(Passed 8-4-20.)