(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITATION or ADMINISTRATIVE CITATION. A civil citation issued pursuant to this section stating that there has been a violation of one or more provisions of this code and setting the amount of the administrative penalty to be paid by the responsible party.
DAYS. Calendar days.
PUBLIC OFFICIAL. The Building Official, Code Enforcement Officer, Animal Control Officer or designees, or any other individual or body appointed by the city to enforce this code and which is authorized to administer this section.
RESPONSIBLE PARTY. An individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture, or any other entity whatsoever whose action or actions caused or contributed to violations of this code.
(B) Procedures.
(1) Citations to appear in the Municipal Court may be issued by any public official employed by the city.
(2) A citation must be in writing and must include the offense charged, the date and location of the offense, the name and address of the responsible party, and the date, time, and location where the responsible party must appear. The issuing city employee must sign the citation. The appearance date must be at least ten days after the date on which the citation is issued. The responsible party shall be requested to sign the citation; however, the signature shall be a promise to appear only and is not an admission of guilt. If the responsible party refuses to sign the promise to appear, the issuing employee shall file the citation with the Court, indicating refusal to sign on the original citation, and the Court shall summons that person by certified/regular mail for docket.
(3) A citation charging an abandoned/junked vehicle violation related to an unattended vehicle need not include the name or address of the responsible party but must include the license and/or VIN number of the motor vehicle used in the offense. A copy of the citation may be attached to the vehicle.
(4) The original citation issued pursuant to this section shall be filed with the Clerk of the Municipal Court, the public official shall retain a copy of citation, and the responsible party shall receive the remaining copy.
(5) The prosecuting attorney may seek the issuance of an arrest warrant for any person who fails to appear as directed by a citation/summons issued pursuant to this section. This section shall not be construed to limit the authority of a peace officer to issue citations to appear in the Municipal Court, or to confer any power of arrest upon any person who is not a peace officer.
(C) Appeal of administrative citation. Any person disputing the issuance of an administrative citation may contest the citation by completing a request for hearing form and returning it to the address stated on the form within ten days from the date of issuance of the administrative citation.
(Ord. 06-1017A, passed 10-17-2006)