(A) General.
(1) Any person violating any provision of the code for which a civil penalty may be assessed may be issued an administrative citation by a Code Enforcement Officer as provided for in this subchapter.
(2) A continuing violation of the code constitutes a separate and distinct violation each day that the violation exists.
(3) A civil penalty shall be assessed by means of an administrative citation issued by the Code Enforcement Officer and shall be payable directly to the city.
(4) Penalties assessed by an administrative citation shall be collected in accordance with the schedule of civil penalties.
(B) Procedures.
(1) A Code Enforcement Officer may issue an administrative citation to a responsible party as described in this subchapter. The citation shall be on forms approved by the city.
(2) If the responsible party is not an individual, the Code Enforcement Officer shall attempt to issue the owner an administrative citation. If the owner cannot be located, the administrative citation may be issued in the name of the entity and given to a manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the owner.
(3) The responsible party shall sign the administrative citation. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation.
(4) If the Code Enforcement Officer cannot locate a responsible party, the administrative citation may be mailed to the responsible party.
(5) If no one can be located at the property, the administrative citation may be posted in a conspicuous place near the property and a copy subsequently mailed to the responsible party.
(6) In the case of mailing, the city shall mail the citation by certified mail to the address of the owner of the property at the address listed in the office of the County Director of Equalization and such action by the city shall meet any notice requirement of this subchapter.
(7) The failure of any responsible party to receive notice shall not affect the validity of any proceedings taken under this subchapter.
(C) Penalties assessed.
(1) Any civil penalties assessed shall be payable to the city within 20 days from the date of the administrative citation.
(2) Payment of the civil penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.
(3) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the civil penalty shall increase at a rate specified in ordinance.
(D) Failure to appeal or pay administrative citation penalties. The failure of any person to file a timely appeal or pay the civil penalties within the time specified on the citation shall constitute an irrefutable presumption that a violation has occurred. It may result in the City Attorney filing legal proceedings in magistrate or circuit court. Alternatively, the city may pursue any other legal remedy available to collect the civil penalty or correct the violation.
(E) Civil penalty amount. Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. 36, passed 11-4-2010)