The following requirements shall govern all enforcement proceedings before the Board:
(A) Enforcement proceedings before the Code Enforcement Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer. After issuing a citation to an offender, a Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the City Police Department. Notwithstanding the foregoing, the Board may, in its sole discretion, elect to hear proceedings based upon a notice of violation issued by a Code Enforcement Officer and upon written request of the offender, in the interest of judicial expediency and consistent with due process. In such limited circumstances, the notice of violation shall be converted to a citation, based upon the hearing request of the offender.
(B) Except as provided in § 40.31 below, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance he or she may issue a notice of violation to the offender allowing the offender a specified period of time to remedy the violation without fine. 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) 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 offender 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 offender does not contest the citation;
(8) The maximum civil fine that may be imposed if the offender elects to contest the citation;
(9) The procedure for the offender to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the offender fails to pay the civil fine set forth in the citation or contest the citation, within the time allowed, the offender shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation and that the determination that the violation was committed shall be final, and that the offender shall be deemed to have waived the right to appeal the final order to District Court.
(D) After issuing a citation to an offender, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the City Clerk, or his/her designee. The Code Enforcement Officer, in the exercise of his/her sole discretion, may also elect to provide notice of the issuance of the citation to any lienholder with an interest in the subject premises.
(E) The offender 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, a hearing before the Code Enforcement Board to contest the citation. If the offender fails to respond to the citation within seven days the offender shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final.
(F) If the offender does not contest the citation within the time prescribed, the citation, as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and that the offender shall be deemed to have waived the right to appeal the final order to the District Court. Notice of this final order shall be served upon the offender in accordance with § 40.36.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2012-1590, passed 9-27-12; Am. Ord. 2016-1688, passed 2-25-16; Am. Ord. 2016-1715, passed 11-10-16)