(A) Declaration of purpose.
(1) The City Council finds that there is a need for an alternative method of enforcement for minor violations of this code and applicable state codes. The City Council further finds that an appropriate method of enforcement is an administrative citation program.
(2) The procedures established in this section shall be in addition to criminal, civil or any other legal remedy established by law that may be pursued to address violations of this code or applicable state codes.
(B) Authority.
(1) Any person violating any minor provision of this code or applicable state codes may be issued an administrative citation by an enforcement official as provided in this section.
(2) A civil penalty shall be assessed by means of an administrative citation issued by the enforcement official, and shall be payable directly to the City Treasurer’s office.
(C) Procedures.
(1) Upon discovering any violation of this code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this section or as prescribed in § 11.12(A). The administrative citation shall be issued on a form approved by the Administrative Hearing Officer.
(2) If the responsible person is a business, the enforcement official shall attempt to locate the business owner and issue an administrative citation to the business owner. If the enforcement official can only locate the manager of the business, the administrative citation may be given to the manager of the business. A copy of the administrative citation may also be mailed to the business owner or any other responsible person, including, but not limited to, the registered agent, if known, in the manner prescribed in § 11.12(A).
(3) Once the responsible person has been located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.
(4) If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person in the manner prescribed in § 11.12(A).
(5) If no one can be located at the property, then the administrative citation may be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person in the manner prescribed by § 11.12(A).
(6) The administrative citation shall also contain the signature of the enforcement official.
(7) The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this section.
(D) Contents of administrative citation.
(1) The administrative citation shall refer to the date and location of the violations and the approximate time the violations were observed.
(2) The administrative citation shall refer to the code sections violated and the titles of those sections.
(3) The administrative citation shall state the amount of penalty imposed for the violations.
(4) The administrative citation shall explain how the penalty shall be paid, the time period by which the penalty shall be paid, and the consequences of failure to pay the penalty.
(5) The administrative citation shall identify the right and the procedures to request a hearing.
(6) The citation shall contain the signature of the enforcement official and the signature of the responsible person, if he or she can be located, as outlined in division (C) above.
(E) Civil penalties assessed.
(1) The Administrative Hearing Officer shall establish policies to assist in the assessment of civil penalties for administrative citations.
(2) Civil penalties shall be assessed immediately for each violation listed on the administrative citation. The penalties shall be those established in the consolidated fee schedule of the city.
(3) Payment of the penalty shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the city.
(Prior Code, § 1-4A-2-4)