A. Authority Of Enforcement Officials: Any enforcement official may issue an administrative citation to any responsible party whom the enforcement official determines has violated any ordinance or section of this code. (Ord. 97, 11-5-1998)
B. Issuance Of Administrative Citation: Whenever an enforcement official determines that an infraction or misdemeanor violation of the town's municipal code has occurred or that a violation exists which is deemed to constitute a public nuisance as set forth in the town's municipal code and/or applicable statute, rule, code or regulation, the officer or agent may issue an administrative citation to any party responsible for the violation as follows:
1. If the responsible party is a corporation, the enforcement official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above listed individuals is known to the town, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
2. If the responsible party is a business other than a corporation, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible party. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
3. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible party or, in cases in which the responsible party is a corporation or business, the signature of the person served with the administrative citation. If a responsible party or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.
4. If the enforcement official is unable to locate a responsible party for the violation, the administrative citation shall be mailed to the responsible party by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
5. If the enforcement official does not succeed in serving the responsible party personally or by certified mail or by regular mail, the enforcement official shall post the administrative citation on any real property within the town in which the town has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service.
6. If the enforcement official does not succeed in serving the responsible party personally, by certified mail or regular mail, and the town is not aware that the responsible party has a legal interest in any real property within the town, the enforcement official shall cause the administrative citation to be published once a week for four (4) successive weeks in a local newspaper published at least once a week. (Ord. 187, 1-10-2008)
C. Contents Of Administrative Citation: The administrative citation shall contain at a minimum the following:
1. The date and location of the violation and the approximate time the violation occurred.
2. The code section violated and a description of how the section was violated.
3. The amount of the fine imposed for the violation and the time within which and the place at which the fine shall be paid.
4. An order prohibiting another occurrence of the code violation.
5. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.
6. The name and signature of the citing enforcement official. (Ord. 97, 11-5-1998; amd. Ord. 187, 1-10-2008)