A. Issuance of Violation Notices:
1. Violation notice of any ordinance violation shall be issued by the Mayor or Administrator and such persons authorized under this Code.
2. All full time, part time and auxiliary police officers as well as other specific individuals authorized by any City department head shall have the authority to issue violation notices.
3. Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this chapter or a violation of any section of any City ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
4. All violation notices and contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
B. Violation Notice Requirements:
1. The violation notice shall contain, but not be limited to, the following information:
a. The name and address of the party violating the ordinance, if known.
b. The date and time of the violation (date of issuance).
c. The type and nature of the violation and the ordinance violated.
d. Vehicle make and state registration number (if applicable).
e. The names of any witnesses to the violation.
f. The signature and identification number of the person issuing the notice.
g. The date and location of the adjudication hearing of ordinance violations which date shall be not less than fifteen (15) nor more than sixty (60) days after the date of the violation notice. The legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing.
h. In the case of a violation pertaining to real property, the address of the property where the violation is observed; and
i. If applicable to the violation in question, the amount of the fine that may be paid by a party upon a written admission of a violation and waiver of a hearing, which fine shall be no less than the minimum fine set by this code relative to the violation at issue.
2. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
a. Signing his/her name to the notice at the time of issuance; or
b. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the ordinance enforcement administrator, attesting to the correctness of all notices produced by the device while under his/her control.
3. Parties shall be served with process in a manner reasonably calculated to give them actual notice including, as appropriate, personal service of process upon a party or his/her employer or agent; service by mail at a party's address; affixing the original or facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle, vehicle violating any compliance regulation; or, posting a notice upon the property where the violation is found where the party is the owner, tenant or administrator of the property as follows:
a. The original or a facsimile of the violation notice shall be retained by the ordinance enforcement administrator where a docket number shall be stamped on all copies and a hearing date noted;
b. The notice shall be kept as a record in the ordinary course of business by the ordinance enforcement administrator and shall be a part of the hearing record;
c. One copy of the violation notice shall be returned to the person issuing the notice so that he or she may prepare evidence for presentation at the hearing on the date indicated;
d. One copy of the violation notice shall be served to the alleged violator along with a summons commanding the alleged violator to appear at the hearing;
e. In the case of a violation pertaining to real property, if the name of the property owner cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation notice form on the front door of the structure where the violation is found, not less than fifteen (15) days before the hearing is scheduled.
4. Any violation notice issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. (Ord. 2023-25, 12-11-2023)