(A) The Chief of Police, any police officer, the Fire Chief, and the City Building Code Official or his or her designees shall have the authority to identify nuisances and provide a warning to the alleged violator. Said warning shall give the violator a reasonable amount of time to abate the nuisance. In the event that the alleged violator does not abate the nuisance within the time given, the city official issuing the warning shall issue a citation to the alleged violator.
(B) Upon receipt of a violation, the alleged violator shall:
(1) Pay the citation to the city and alleged violator abate the nuisance; or
(2) Appeal the citation to the Municipal Court. The amount of said fine shall be used as bond for Municipal Court purposes. Upon a finding of guilty or upon a failure to appear, the alleged violator shall adhere to whatever resolution the Municipal Court orders, including, but not limited to, the alleged violator forfeiting the bond. If the Municipal Court rules in favor of the alleged violator, the Municipal Court shall release the citation fine/bond amount back to the alleged violator.
(C) (1) Upon issuing a citation, the city official issuing said citation shall provide the Municipal Court with a copy of the citation. This citation shall be considered the alleged violator’s notice to appear in Municipal Court.
(2) The Municipal Court shall provide the alleged violator a date, time, and place to appear before the Municipal Court and to show cause why such nuisance should not be abated.
(3) Such notice shall be served, as other legal notices are served, on the owner, lessee, agent, manager in charge, or any servant or employee in charge or control of the premises where the nuisance in question is alleged to exist, at least five days prior to the time set therein for the hearing before the City Council.
(D) If the alleged violator does not pay the fine and fails to appear in Municipal Court, then the alleged violator shall be subject to any particular legal measures the Municipal Court deems necessary to address the situation, including, but not limited to, any applicable warrant that applies to the situation.
(Ord. 2022-07, passed 4-4-2022)