(A) Enforcement proceedings before the Board shall be initiated by the issuance of a citation by a code enforcement officer.
(B) When a code enforcement officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of a local government ordinance, the officer is authorized to issue a citation by:
(1) Personal service to the alleged violator;
(2) Leaving a copy of the citation with any person 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;
(3) Mailing a copy of the citation by regular first-class mail to the mailing address of the violator as reflected in the records in the office of the Madison County Property Valuation Administrator;
(4) If in the exercise of reasonable diligence, the issuance of a citation using the methods set out in divisions (1) to (3) of this section is not possible, then the citation is properly served by posting a copy of it in a conspicuous place on the premises.
(C) A code enforcement officer 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 to remedy the violation within the time specified, the code enforcement officer is authorized to issue a citation.
(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 it is issued;
(3) The date and time the offense was committed;
(4) The facts constituting the offense;
(5) The ordinance violated;
(6) The name of the code enforcement officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the citation and the maximum fine that may be imposed if the person elects to contest the citation;
(8) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
(9) 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 Board to contest the citation and 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.
(E) When a citation is issued, the person to whom the citation is issued shall respond to it within seven days of the date the citation is issued by either paying the civil fine set forth in the citation or by filing a notice of appeal with the City Clerk in accordance with the provisions of § 35.170(A). If the person fails to respond to the citation within seven days, the person shall be deemed to have waived the right to an appeal and to a hearing to contest it and the determination that a violation was committed shall be considered final. In this event, the citation, as issued, shall be deemed to be 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 the District Court.
(Ord. 18-11, passed 6-26-18)