(A) Complaints.
(1) Complaints of violation of any provision of this subchapter conveyed to the City of St. Johns shall be recorded in written form in a central log book as to date and time of the complaint, the name of the property owner/responsible party (if known) and the address where the alleged violation is sited. Unless the complainant requests anonymity, complainant’s name will also be recorded. A complainant’s name will not be divulged, even when known, unless expressly requested by the property owner/responsible party.
(2) Once a complaint has been lodged with the city, the Enforcement Officer, or his or her designee, will take whatever action is necessary to determine if there has been a violation of this subchapter. If the Enforcement Officer reasonably believes a violation of this subchapter has occurred, the following procedure is initiated:
(a) Notification Letter: Initial notification of the violation shall be in letter form from the City Enforcement Officer, describing the nature of the violation. The property owner/responsible party will be instructed to make contact with the City Enforcement Officer within 10 business days of receipt of the letter. Once contact is made between the property owner/responsible party and the city, discussion will follow regarding the remedial steps the city expects to be taken to cure the violation, the timeline for correction of the violation, and any assistance that may be available for remediation. (The City of St. Johns has compiled a list of service organizations that have volunteered to provide an individual property owner assistance with respect to compliance with this ordinance. Each organization establishes its own criteria for qualifying for such assistance.)
(b) Administrative review option:
1. If the property owner/responsible party wishes to contest the violation, or wishes to present information in mitigation of the violation, the individual can request the matter be heard by the Citizens Review Panel. See subsection 2, below.
2. A property owner/responsible party will also have the right to a hearing in the District Court. This right is separate from and cumulative to the right to appear before the Citizens Review Panel. This judicial forum is available only after a Civil Infraction Citation has issued. See subsection (d), below.
(c) Failure to Comply: Failure to 1) respond to the initial Notification Letter (subsection (A)(2)(a) above) and comply with the directive of the Enforcement Officer or 2) comply with the recommendations of the Citizens Review Panel (subsection (A)(2)(b) above) will cause a Municipal Civil Infraction Notice to be issued per Ordinance #499. This notice will direct the property owner/responsible party to appear at the Municipal Violations Bureau and pay the fine per the schedule established in the Municipal Civil Infraction Ordinance.
(d) Civil Infraction Citation: Failure to 1) request a Citizens Review Panel hearing or (2) pay the Municipal civil infraction fine specified in the Civil Infraction Notice within 10 business days will result in the issuance of a Municipal Civil Infraction Citation. This Citation will provide the property owner/responsible party a time period within which to appear in court.
(B) Citizens Review Panel and procedure.
(1) The Citizens Review Panel will be comprised of 4 residents, separately drawn from the 4 geographic quadrants of the city as delineated by State Street and Clinton Ave. The panel will also have 1 City Commissioner as a member. The members will be appointed by the Mayor, and will serve staggered terms of 2 years.
(a) Procedure. A hearing will be scheduled before the panel upon request as soon as is practicable. At the hearing the city will have the burden of proving that a violation has occurred. The alleged violator will be given full opportunity to present information to the panel for purposes of contesting the violation. Alternatively, the alleged violator can admit the violation and present information or evidence in mitigation of the offense. This information can be presented directly, through witnesses or by documentary or other tangible evidence. The panel reserves the right to limit testimony or the presentation of information if it is cumulative, irrelevant, or of marginal probative value.
(b) Determination. After hearing the matter, the members sitting in review of the alleged violation shall make a finding as to whether a violation of the code has in fact occurred. If a finding of “no violation” is made, the notice of violation will be dismissed. If a finding of “violation” is made, the members sitting in review shall provide the property owner/responsible party with an opportunity to correct the violation as a means of avoiding the penalty provisions of City Ordinance No. 500. Failure by the property owner/responsible party to correct the violation within the timeframe indicated by the Citizens Review Panel will result in the issuance of a Civil Infraction Notice.
(2) Requesting administrative review, as outlined above, does not preclude a property owner from seeking subsequent judicial review.
(Ord. 508, passed 5-28-2002; Am. Ord. 522, passed 6-9-2003)