(A) Enforcement proceedings before City Council shall be initiated by the issuance of a citation by a city employee charged with the duty of code enforcement as determined by the Mayor. The city employee shall be deemed the Code Enforcement Officer when acting in this capacity.
(B)
(1) When a Code Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of this chapter, the Officer is authorized to issue a citation by providing notice pursuant to one of the following methods:
(a) Personal service to the alleged violator;
(b) Leaving a copy of the citation with a 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
(c) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the citation by regular, first class mail of the United States Postal Service to the owner of record of the property if no one is on the premises at the time the citation is issued.
(2) The methods of notice as described above in this division (B) may be accomplished with the assistance of local law enforcement but only at the direction of the Code Enforcement Officer.
(C) The Code Enforcement Officer may, in lieu of immediately issuing a citation, give notice that a violation shall be remedied within three days with said notice being kept in a log maintained by the Code Enforcement Officer. If the person to whom the notice is given fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to then immediately issue a citation.
(D) The citation issued by the Code Enforcement Officer shall contain, in addition to any other pertinent information as determined by the Code Enforcement Officer, the following:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the offense was committed;
(4) The act constituting the offense;
(5) The section of the code or the number of the ordinance violated;
(6) The name of the Code Enforcement Officer;
(7) The civil fine that will be imposed for the violation if the person does not contest the citation;
(8) 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 contests the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the City Council to contest the citation and that the determination that a violation was committed shall be final, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court.
(E)
After the issuance of a citation to an alleged violator, the Code Enforcement Officer shall notify the City Council by delivering the citation to the City Clerk. The Code Enforcement Officer may also elect to provide notice by regular, first class mail of the United States Postal Service of the issuance of the citation to any lien holder with an interest in the subject premises. The Code Enforcement Officer shall also notify, by regular, first class mail of the United States Postal Service, any owner of the issuance of a citation at their address as provided by the Ballard County Property Valuation Administrator's Office.
(F) When a citation is issued, the person to whom the citation is issued or the owner shall respond to the citation within seven days of the date the citation is issued by either paving the civil fines set forth in the citation or requesting, in writing, a hearing to contest the citation. If the person or owner fail to respond to the citation within seven days, the person or owner shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be considered final. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the alleged offender shall e deemed to have waived the right to appeal the final order to the District Court. Notice of the final order shall be provided to the cited offender in the manner set forth in § 92.04(E).
(Ord. 632, passed 10-4-16; Am. Ord. 638, passed 3-14-19)