(A) Enforcement proceedings for this chapter shall be initiated by the issuance of a notice of violation or a citation by a code official.
(B) Except as provided below, if a code official believes, based on his or her personal observation or investigation that a person has violated a city ordinance, he or she is authorized to issue a citation to the violator. In lieu of a citation, the code official may give the violator a notice of violation that a violation has occurred and allow the violator a specified period of time to remedy the violation without a fine. The time allowed by the code official shall depend on the nature of the violation and the time necessary to remedy the violation. If the violator fails or refuses to remedy the violation within the time specified, the code official is authorized to issue a citation. Informal settlement of matters under this chapter is encouraged.
(C) The notice of violation or citation shall be delivered to the violator at his or her last known address as it appears from the current tax assessment roll. Such notice of violation or citation shall be deemed to be properly served if given by certified mail, return receipt requested, by personal delivery or by leaving the notice at the person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. Service by certified mail shall be presumed to have been served on the third day following mailing. A copy shall also be posted in a conspicuous place in or about the structure or premises affected by such notice of violation or citation.
(D) Notices of violation or citations involving streets, sidewalks and public ways shall be sent to the property owner or other person having control or management of the premises or property adjacent to or fronting the street, sidewalk or public way.
(E) Notices of violation or citations involving motor vehicles shall be sent to the property owner or other person having control or management of the premises or property, and the motor vehicle owner if known. Upon failure of the violator to comply with the directives of the citation or any orders of the Code Enforcement Board, the appropriate city official is authorized to send employees or authorized agents of the city upon the property to remedy the situation and to abate the nuisance by removing the vehicle.
(F) The citation issued by the code official shall contain the following information:
(1) A description of the real estate sufficient for identification;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the violation was observed and the date and time of issuance of the citation;
(4) The facts constituting the violation;
(5) The section of the ordinance or other code violation;
(6) The name of the code official;
(7) The procedure for the person to follow in order to pay the civil fine or to contest the citation;
(8) The civil fine that may be imposed per day for the violation if the person does not contest the citation;
(9) The maximum civil fine that may be imposed per day for the violation if the person elects to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or to contest the citation within the time allowed, the person shall be deemed as having waived the right to a hearing before the Code Enforcement Board, and the determination that a violation was committed shall be final.
(G) Nothing in this subchapter shall prohibit the city from correcting the violation through self-help or taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible. The city may file liens on the property to recover the city’s costs of labor and material, civil fines and other expenses.
(H) After issuing a citation, the code official shall deliver a copy of the citation to the person designated by the Board. Upon receipt of a citation, the violator shall respond to the citation within seven days by either paying the civil fine or requesting in writing a hearing before the Code Enforcement Board to contest the citation. If the violator responds by paying the civil fine, the violator shall still be required to remedy the violation. If the violator fails to remedy the violation or to request a hearing within the designated time, the code official is authorized to issue another citation and to remedy the violation.
(I) After determining that compliance has been achieved in the allowed correction time, the code official shall report that statistic to the Code Enforcement Board.
(Ord. 682, passed 5-12-2009)