(a) If an enforcement official determines that a code violation exists, the enforcement official may issue such violation to the person having either ownership or control of any land, building, structure, sign, property, licensed or permitted business or operation which is in violation, and shall order that the violation be corrected. Nothing within this article shall prohibit the enforcement officer in his or her discretion from issuing a warning prior to issuing a citation.
(b) 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 Municipal Court Clerk, where fines are to be paid, and of the Municipal Court, where citations may be appealed.
(c) A citation may be served by personal or substituted service in accordance with the West Virginia Rules of Civil Procedure, by either delivering the citation to the person in violation personally or by delivering the citation to a member of that person’s family who is above the age of 16 years and by advising that person of the purpose of the citation. Proof of personal service shall be made at the time of service by a written declaration executed by the enforcement official effecting service and shall declare the time, date, and manner by which service was made. If personal service cannot be effectuated, the enforcement official may send the citation to the person via certified mail, return receipt requested, delivery restricted to the addressee, to the person’s last known address. If delivery of the certified mail is refused by the addressee, a citation shall be conclusively presumed to have been served. If the return receipt is not returned for any reason other than refusal of delivery by the addressee, a citation shall be presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned as undeliverable by the postal service.
(Ord. 2021-05, passed 8-10-2021)