The following requirements shall govern all enforcement proceedings before the Code Enforcement Board or Hearing Officer:
(A) Enforcement proceedings shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Except when immediate action is necessary pursuant to § 92.24(A) or to the extent modified in § 92.24(B) Commercial Premise Nuisances, 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 allowing the alleged violator seven (7) days to remedy the violation without incurring a fine. If the alleged violator fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation for the first offense. If the violation is not remedied within seven (7) days of the citation for the first offense the Code Enforcement Officer shall issue a citation for second offense. If the violation is not remedied within three (3) days of the issue of the second offense the Code Enforcement Officer may issue a citation for each day thereafter that the violation remains. All fines shall be as prescribed in § 92.20.
(C) If the Code Enforcement Officer believes that there are genuine extenuating circumstances that will require more time to remedy the violation then he or she may complete a plan of action with the property owner to describe what action must be taken to remedy the violation and the date by which it shall be completed by the property owner. During the time period that the plan of action is in place, all fines and fees shall continue to be assessed and accrue. If the property owner defaults on the plan of action, in part or in whole, then all fines and fees assessed up to the time of default and any additional fines and fees assessed shall become due immediately upon default. If the property owner follows the plan of action and remedies the violation in accordance with the terms of the plan, then the fines shall be reduced, upon remedy of the violation, to the amount of fines and fees due at the time when the plan of action was begun. Any plan of action must be approved by the City Manager or designee and the property owner. The property owner’s signature will be considered acceptance of the terms and provisions provided for in the plan.
(D) The Code Enforcement Officer shall issue the citation by one (1) of the following methods:
(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 to the owner of record of the property, if no one is on the premises at the time the citation is issued.
(E) 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 person to whom the citation is issued;
(3) The physical address of the premises where the violation occurred;
(4) The date and time 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) The civil fine that may be imposed for the violation;
(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation within the time allowed: 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; the determination that the violation was committed shall be final; the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation; and the person shall be deemed to have waived the right to appeal the final order to District Court.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the Code Enforcement Board Clerk.
(G) (1) The person to whom the citation is issued shall respond to the citation within seven (7) days of the date of issuance by either paying the civil fine or requesting, in writing, to the City Clerk at the address maintained for City Hall, a hearing to contest the citation. If the request for a hearing to contest a citation is mailed to the City Clerk, the request must be postmarked by the United States Post Office or other publicly recognized delivery service on or before the deadline. The request for a hearing shall provide the requester’s true and accurate mailing address and telephone number. 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 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 as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to District Court.
(2) Notice of the final order shall be delivered to the cited violator by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the delivery.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2017-24, passed 8-14-17; Am. Ord. 0-2018-03, passed 3-12-18)