The violation of any code provisions related to parking on private property, a motor vehicle service or repair business in residential districts, or signage and other graphic displays dealing with the display of house numbers on buildings is termed a land use infraction and the following provisions shall apply.
(a) The zoning inspector acting in his capacity as an enforcement officer may issue a ticket for a land use infraction. Such ticket shall include as a minimum the land use infraction charged, the date, time and place of the infraction. The ticket shall be signed by the zoning inspector and affirm the facts it contains. The ticket shall consist of two parts. The first part shall be notice of the land use infraction charged, and shall provide a time period within which the infraction must be corrected or a summons and complaint will be served. (If the infraction is the second or more infraction of a similar nature issued to the individual, the time period for correction shall be reduced.) The first part of the ticket shall also state that if the person corrects the infraction within the required time period, the ticket shall be voided. The second part of the ticket shall be the summons and complaint. The second part of the ticket shall contain provisions that advise the person upon whom it is served that the person must answer in relation to the infraction charged in the ticket and that certain civil penalties may result from a failure to timely answer, indicate that the person will be afforded a hearing if the person denies in the answer that the person committed the infraction, specify the entity to which, the time within which and the allowable manners in which the answer must be made, indicate the penalties that may result from failure to timely answer and the fine that arises from the land use infraction, warn that failure to timely answer or to appear at a requested hearing will be considered an admission of the land use infraction, and warn that a default civil judgment potentially may be entered against the person.
(b) If the offender is present, the zoning inspector shall also record on the ticket the name of the offender in a space provided on the ticket for identification of the offender, and then shall serve the first part of the ticket in accordance with the service requirements of the rules of civil procedure. If the infraction is not corrected within the time period specified on the first part of the ticket, the zoning inspector shall serve the second part of the ticket in accordance with the service requirements of the rules of civil procedure.
(c) The original of a ticket issued under this section or any true copy of it shall be considered a record kept in the ordinary course of business and shall be prima-facie evidence of the facts it contains.
(d) No person upon whom a ticket charging a land use infraction is served shall be arrested as a result of the commission of the land use infraction.
(e) A fine of one hundred dollars ($100.00) shall be levied for each offense. An offense shall be deemed committed each day during which a land use infraction occurs and continues, commencing with the first day after the expiration of the time period granted for compliance after the issuance date of a first offense ticket and commencing with the issuance date of a second or more offense ticket.
(Ord. 2001-081. Passed 8-6-01.)