The following requirements shall govern all enforcement proceedings before the Board.
(A) Enforcement proceedings before the Code Enforcement Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer.
(B) Except when immediate action is necessary pursuant to § 31.29, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated a city ordinance, he or she shall issue a notice of violation to the offender allowing the alleged violator a specified period of time to remedy the violation without incurring a fine. The Code Enforcement Officer shall issue a citation by one of the following methods:
(1) Personal service to the alleged violator; or
(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; or
(3) Mailing a copy of the notice by regular first-class mail to the last known recorded address
of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a notice using the methods set out in paragraphs (1) to (3) of this division is not possible, then the notice is properly served by posting a copy of the notice in a conspicuous place on the premises.
(C) The notice shall contain the following information:
(1) The date and time of the notice;
(2) The name and address of the person to whom the notice is issued;
(3) The physical address of the premises where the violation occurred;
(4) The date and time the offense was committed;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance violated;
(7) The name of the Code Enforcement Officer;
(8) A correction order allowing a reasonable time to make the repairs and improvements required to bring the premises into compliance with the section of the code or the ordinance violated.
(D) If the alleged violator fails to remedy the violations within the specified time, the Code Enforcement Officer is authorized to issue a citation. The Code Enforcement Officer shall issue a citation by one of the following methods:
(1) Personal service to the alleged violator; or
(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; or
(3) Mailing a copy of the citation by regular first-class mail to the last known recorded address of the alleged violator; or
(4) If, in the exercise of reasonable diligence, the issuance of a citation using the methods set out in paragraphs (1) to (3) of this division is not possible, then the citation is properly served by posting a copy of the citation in a conspicuous place on the premises.
(E) 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 physical address of the premises where the violation occurred;
(4) The date and time the offense was committed;
(5) The facts constituting the offense;
(6) The section of the code or the number of the ordinance violated;
(7) The name of the Code Enforcement Officer;
(8) The civil fine that will be imposed for the violation, including, if applicable:
(a) The civil fine that will be imposed if the person does not contest the citation; and
(b) 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, the person shall be deemed to have waived the right to a hearing
before the Code Enforcement Board to contest the citation and that the determination that the violation was committed shall be final, and the person shall be deemed to have waived the right to appeal the final order to District Court.
(F) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the City Clerk.
(G) If the person fails to pay the civil fine set forth in the citation, or request, in writing, a hearing to contest the citation within seven days of the date the citation is issued, the person shall have waived the right to a hearing before the Code Enforcement Board to contest the citation, the determination that the violation was committed shall be final, the citation as issued shall be a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the person shall have waived the right to appeal the final order to District Court.
(H) Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving a copy of the order at that person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. A copy of the original citation shall serve as the final order.
(Ord. 018-262, passed 7-9-2018; Ord. 019-294, passed 6-24-2019; Ord. 023-014, passed 4-10-2023)