(A) Enforcement proceedings before the Code Enforcement Board or hearing officer shall be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) When, based upon personal observation or investigation, a Code Enforcement Officer has reasonable cause to believe that a person has committed a violation of a local government ordinance, the Officer may issue a citation by:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person eighteen (18) years of age or older who is on the premises, if the alleged violator is not on the premises at the time the citation is issued; or
(3) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first-class mail of the United States Postal Service to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(C) In addition to any other information required by rule of the Board, the citation issued by the Code Enforcement Officer shall contain:
(1) The date of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date the offense was committed;
(4) The address where the offense was committed;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance violated;
(7) The name of the Code Enforcement Officer;
(8) When the Code Enforcement Officer has reason to believe that the existence of the violation presents imminent danger, 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, a statement so indicating;
(9) If applicable, the time period within which the person must remedy the violation;
(10) A specific statement of the remediation necessary;
(11) A statement that, if the person fails to remedy the violation within the time period specified, the city may abate the violation and bill the person for abatement costs plus an administrative fee of one hundred dollars ($100.00);
(12) When specifically authorized by the ordinance or code being violated, that the citation and any applicable penalties will be waived if the violation is remedied within the time period specified by the ordinance, which period shall be set forth in the citation;
(13) A statement that the city shall possess a lien on property owned by the person for all charges and fees incurred by the city in connection with the enforcement of the ordinance, including abatement costs;
(14) The civil fine that will be imposed for the violation if the person does not contest the citation;
(15) The maximum civil fine that may be imposed if the person elects to contest the citation;
(16) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(17) A statement that, if the person fails to pay the civil fine set forth in the citation or contest the citation within seven (7) days of the date the citation is issued, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board or hearing officer to contest the citation, that the determination that a violation was committed shall be final, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(18) A statement that contesting the citation shall serve to toll the city’s abatement of the violation, except where the Code Enforcement Officer has reason to believe that the existence of the violation presents imminent danger, 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.
(D) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the administrative official designated by ordinance or by the Board. The Code Enforcement Officer, hearing officer, or Code Enforcement Board may also elect to provide notice of the issuance of the citation to any lienholder with an interest in the subject premises.
(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.
(F) Nothing in this article shall prohibit the city from 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.
(G) When a citation is issued, the person to whom the citation is issued shall respond to the citation, within seven (7) days of the date the citation is issued, by either paying the civil fine set forth in the citation or filing written notice with the Bourbon County Joint Planning Office to request a hearing to contest the citation. If the person fails to respond to the citation within seven (7) days, the person shall be deemed to have waived the right to a hearing to contest the citation, and the determination that a violation was committed shall be considered final. In this event, 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 the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in the manner set forth in § 22.609(G).
(H) Notwithstanding the provisions of division (G) of this section, whenever a hearing before an administrative body is required by law for a particular violation, remedy or abatement action, or when, in the opinion of a Code Enforcement Officer or the Code Enforcement Board attorney, such a hearing is necessary or advisable, the Code Enforcement Officer or the Code Enforcement Board attorney may request such a hearing before the Board, and the Board shall schedule the hearing and provide notice to the person to whom the citation is issued in accordance with the provisions of this section.
(I) Citations shall be payable to the Bourbon County Joint Planning Commission.
(Ord. 2023-3, passed 5-9-23)