§ 31.02 RESPONSIBILITY FOR ENFORCEMENT; DUTY OF TOWN MARSHAL.
   Unless some other official, board, commission or similar entity is expressly designated as the primary enforcement officer or authority responsible for the administration and enforcement of a particular enforcement provision, it is the duty of the Town Marshal, acting himself or herself or through his or her lawful deputies, to take all steps necessary for the effective enforcement and bringing about of compliance with all enforcement provisions. Whenever the Town Marshal, based upon, his or her own vigilance or upon the information or complaint of any other official or any citizen, has probable cause to believe that a violation or failure to comply, with any enforcement provision has occurred or is occurring, he or she shall with due diligence investigate the matter, ascertain the facts, and collect such testimony, information or other evidence as in his or her judgment may be necessary to support the facts. If, incident upon such investigation, the Town Marshal determines with a degree of certainty sustained by a preponderance of the evidence that some known person has violated or failed to comply with, or is violating or failing to comply with, any enforcement provision, he or she shall issue and serve upon the alleged offender, in person or by mail if so provided, a citation for the violation comprising a complaint and summons to appear and answer to the charge of the violation as hereafter prescribed in this chapter; or else he or she shall initiate or cause to be initiated such other enforcement procedures as may alternatively be prescribed in the event of a violation of the particular enforcement provision.
(1984 Code, § 1-3-2)