§ 43.07  PROCEDURE FOR INSTITUTING PROCEEDINGS.
   (A)   When a Code Enforcement Officer observes a code violation, the Officer shall note, or in the case of an animal control violation, the Code Enforcement Officer may respond to the filing of a formal complaint by noting the violation on the violation notice and report form, indicating the following: the name and address of the respondent, if known; the name, address, and vehicle registration number of the waste hauler who deposited the waste, if applicable; the type and nature of the violation; the date and time the violation was observed; the names of witnesses to the violation; and the address of the location or property where the violation is observed.
   (B)   The violation notice and report form shall contain a file number and a hearing date noted by the Code Enforcement Officer in the spaces provided for that purpose on the form. The violation notice and report form shall state the penalties for failure to appear at the hearing on the date indicated including that failure to appear may result in a determination of liability for the cited violation and the imposition of fines and assessment of costs as provided by the applicable county ordinance. The violation notice and report form shall also state that upon a determination of liability and the exhaustion of or failure to exhaust procedures for judicial review, any unpaid fines or costs imposed will constitute a debt due and owed to the county.
   (C)   The Code Enforcement Officer shall certify the correctness of the information required by division (A) of this section by signing his name to the violation notice and report form, and indicate the date on which this was done. Failure to certify does not invalidate the violation notice, but will not establish a prima facie case at trial.
   (D)   A copy of the violation notice and report form shall be filed with the code hearing unit and served on the respondent in a manner reasonably calculated to give them actual notice, including, as appropriate, personal service of process upon a party or its employees or agents; service by mail at a party's address; or not less than 20 days before the hearing is scheduled posting in a prominent place upon the property where the violation is found when the party is the owner or manager of the property.
(Ord. 11-287, passed 8-18-2011)