All matters to be adjudicated by this section shall be commenced against the party alleged to have violated one or more Code provision(s) by issuing and serving upon that party a violation notice and shall be conducted in accordance with the following procedures:
(A) Issuance of Notices. The violation notice shall be issued by a Village officer or employee authorized to exercise Code enforcement authority and served as provided for in division (C) of this section.
(B) Content. Any violation notice issued pursuant to this section shall contain the following information:
(1) The name and identification number, if applicable, of the person issuing the Violation notice;
(2) The name and address of the person or entity being charged with one or more Code Violations ("respondent");
(3) The name and address of the person to whom the Violation notice is given if that person is not the respondent;
(4) The section(s) of the Code alleged to have been violated;
(5) The date, time, and place of the alleged Violation(s);
(6) A legally sufficient description of the activity or conduct alleged to constitute a Violation of each Code section set forth in the Violation notice or a legally sufficient description of the facts giving rise to the allegations set forth in the Violation notice;
(7) The complainant's or witness's name if the complainant/witness is not the issuing Village officer or employee.
(8) A Violation notice issued pursuant to this subsection also shall set forth: a) the date, time and place at which payment can be made; b) the date, time and place of the adjudicatory hearing to be held with respect to the violation(s) alleged in the notice; and c) the legal authority and jurisdiction under which the hearing will be held.
The Village officer or employee shall certify the correctness of the information required by this subsection by signing his name to the Violation notice to be issued. Compliance with this subsection establishes a prima facie case.
(C) Service of Violation Notices. Service of Violation notices shall be made in a manner reasonably calculated to give the respondent actual notice, by:
(1) Handing a copy of the Violation notice to the respondent or, if applicable, any other person eligible to accept service; or
(2) Delivering a copy of the Violation notice to the person charged by certified mail, return receipt. Such service shall be completed as of the date of the deposit in the United States Mail.
(3) If a building Code Violation is alleged where the person charged is an owner or manager of the property, posting a copy on the cited property.
(D) Hearing Dates. The respondent named in a violation notice, shall be given notice of the date of the adjudicatory hearing which may appear on the face of the notice of violation. Notice of the hearing date may be given in any of the following ways: a) by first class mail or by overnight or two day commercial delivery service at the respondent's last known address or if the respondent is a business entity, at any address identified for its registered agent or at its principal place of business; or b) by personal service, c) by posting upon the property that is the site of the alleged violation(s) when the respondent is the owner or person in control of the property, or d) by any other means permitted by law for service of civil summons.
Hearings shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, unless otherwise specified by other legislation or rule, the respondent shall have at least fifteen (15) days after service of notice to prepare for the hearing. For purposes of this division (D), "non-emergency situation" means any situation that does not reasonably constitute a threat to the public health, safety, or welfare. If service is provided by first class mail or by overnight or two (2) day commercial delivery service, the fifteen (15) day period shall begin to run on the day that the notice is deposited in the mail or given to the commercial delivery service, as applicable.
(E) The original or a legible copy of the notice of violation shall be filed with the code hearing unit as soon as practicable. Upon receiving the original or legible copy of violation notice, the respondent shall receive notice of the date, time, and place of the hearing in the manner set forth in division (D) of this section unless the violation notice sets forth the date, time, and location of the hearing and was served personally on the respondent.
(Ord. 10-2769, passed 4-13-10; Am. Ord. 10-2787, passed 8-24-10)