A. Declaration Of Purpose:
1. The county council finds that there is a need for an alternative method of enforcement for violations of this code, the adopted rules and regulations of special service districts within the county, and applicable state statutes. The county council further finds that an appropriate method of enforcement is an administrative citation program.
2. The procedures established in this section shall be an alternative and in addition to criminal, civil, or any other legal remedy established by law or this code that may be pursued to address violations of this code, the adopted rules and regulations of special service districts within the county, or applicable state statutes.
B. Authority:
1. Any person violating any provision of this code, the adopted rules and regulations of special service districts within the county, or applicable state statutes may be issued an administrative citation by an enforcement official as provided in this section.
2. A civil fee shall be assessed by means of an administrative citation issued by the enforcement official, and shall be payable directly to the Summit County treasurer or the equivalent officer for a special service district.
C. Procedures:
1. Upon discovering any violation of this code, the adopted rules and regulations of special service districts within the county, or applicable state statute, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this section. The administrative citation shall be issued on a form approved by the administrative law judge.
2. If the responsible person is a business, the enforcement official shall attempt to locate the business owner and issue an administrative citation to the business owner. If the enforcement official can only locate the manager of the business, the administrative citation may be given to the manager of the business. A copy of the administrative citation may also be mailed to the business owner or any other responsible person in the manner prescribed in section 1-13-3-1 of this chapter.
3. Once the responsible person has been located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation and subsequent proceedings.
4. If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation may be mailed to the responsible person in the manner prescribed in section 1-13-3-1 of this chapter and also be posted in a conspicuous place on or near the property.
5. The administrative citation shall also contain the signature of the enforcement official.
6. The failure of any person with a third party legal or other interest in the property to receive notice shall not affect the validity of any proceedings taken under this section.
D. Contents Of Administrative Citation:
1. The administrative citation shall refer to the date and location of the violation(s) and the approximate time the violation(s) was observed.
2. The administrative citation shall refer to the code sections violated.
3. The administrative citation shall state the amount of the administrative civil fee imposed for the violation(s).
4. The administrative citation shall explain how the civil fee shall be paid, the time period by which the civil fee shall be paid, and the consequences of failure to pay the civil fee.
5. The administrative citation shall identify the right and the procedures to request a hearing.
6. The administrative citation shall contain the signature of the enforcement official and the signature of the responsible person.
E. Civil Fees Assessed:
1. Civil fees shall be assessed immediately for each violation listed on the administrative citation. The fees shall be those established in the Summit County administrative fee schedule, or in the fee schedule of the special service district bringing the action.
2. Payment of the fee shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the county or special service district.
F. Cost Recovery; Emergency Response Costs:
1. Recovery of costs incurred by the county or special service district for assistance rendered by the county or special service district in responding to a reckless burning, release of hazardous materials, or false alarm, as defined in this code, is authorized under this chapter.
2. "Costs" are defined as the actual costs of government and volunteer personnel including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the costs of any contract labor and materials. (Ord. 803, 5-1-2013; amd. Ord. 910, 8-5-2020)