The following requirements shall govern all enforcement proceedings before the Board:
(A) Enforcement proceedings before the Code Enforcement Board shall be initiated only by the issuance of a citation by a Code Enforcement Officer.
(B)
Except as provided in division (C) below, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance, the Code Enforcement Officer and the Mayor or the Mayor’s designee may, in lieu of immediately issuing a citation, give notice that a violation shall be remedied within a specified period of time. If the person to whom the notice is given fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation. The Code Enforcement Officer is authorized to issue the citation by:
(1) Personal service on the alleged violator;
(2) Leaving a copy with any person 18 years of age or older who is on the premised, if the alleged violator is not on the premises at the time the citation is issued;
(3) Mailing a copy of the citation by regular first-class mail to the last known recorded mailing address of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of the citation using the methods above is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(C) Nothing in this chapter 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.
(D) 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 date and time the offense was committed, if known;
(4) The facts constituting the offense;
(5) The section of the city code or the number of the ordinance violated;
(6) The name, telephone number, and email address of the Code Enforcement Officer;
(7) (a) The civil fine that will be imposed for the violation if all of the following conditions are met:
1. Payment is made within seven days of the date of the citation; and
2. The alleged violator does not contest the citation; and
3. The alleged violator takes the action(s) necessary
(b) The civil fine shall be the minimum fine stated in the ordinance unless the offender has been cited and paid a fine for a similar offense. In that case, the minimum fine will double each time the person is cited for a similar offense.
(8) The maximum civil fine that may be imposed if the person elects to contest the citation;
(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 and fails to appear at the hearing, the person shall be deemed to have waived their right to a hearing before the Code Enforcement Board to contest the citation and a determination by the Board that the 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.
(E) After issuing a citation to an alleged violator, the Code Enforcement Officer shall forward the original and one copy to the Mayor or his designee, who will notify the Code Enforcement Board members of any scheduled hearings and provide the public with appropriate “open meeting” notifications when an offender does not pay the fine within seven days or requests, in writing, a hearing to contest the citation.
(F) (1) If the alleged violator does not pay the civil fine within seven days of the citation, and does not contest the citation by appearing at the hearing before the Code Enforcement Board, the Board shall, upon determining that the violation was committed, enter a final order and impose a civil fine within the range of the uncontested and maximum fine on the citation. More than one fine may be assessed when:
(a) The ordinance provides that each day the violation continues may be considered a separate offense; and
(b) Notice of the same is provided on the citation form.
(2)
Charges and fees incurred by the city in connection with the enforcement of the ordinance may be assessed in addition to the civil fine(s). A copy of the final order shall be served on the person guilty of the violation by certified mail, return receipt requested; personal delivery; or by leaving the order at the person’s usual residence with any individual residing therein who is 18 years of age or older and who is informed of the contents.
(Ord. 491-2008, passed 9-15-08; Am. Ord. 597- 2020, passed 8-17-20; Am. Ord. 601-2020, passed 10-19-20)