§ 2-393. Citation procedure.

(a)

Opportunity to cure violation; exception. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of the code and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code declares a particular violation or the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or that the violation is irreparable or irreversible.

(b)

Citation format. The citation shall contain:

(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 civil infraction was committed;

(4)

The facts constituting reasonable cause;

(5)

The section of the code violated;

(6)

The name and title of the code enforcement officer;

(7)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation;

(8)

The civil penalty; and

(9)

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to contest the citation, he shall be deemed to have waived his right to contest the citation and will result in a judgment be entered, or lien recorded, whichever is applicable, for the amount up to the maximum civil penalty.

(c)

Filing of citation. After issuing a citation to an alleged violator, the code enforcement officer shall deposit the original citation and one copy of the citation with the clerk of court or the county manager or designee, whichever method is applicable.

(d)

Alternatives to personal service. In lieu of personal service of a warning notice or citation to the person, said warning or citation may be accomplished by: 1) leaving the copies at a person's usual place of abode with any person residing therein who is 15 years of age or older and informing the person of its contents; 2) by registered or certified mail, return receipt requested; or 3) posting of the property in a conspicuous location.

(e)

Service to commercial premises. Issuance of a warning notice or citation to a commercial premises may be accomplished by leaving copies at the person's place of business, during regular business hours, with any employee and informing the employee of the contents or by registered or certified mail, return receipt requested. Each employee of a person doing business shall be deemed to be an agent of the person doing business for service of warning notices and citations.

(f)

Mailing days. Whenever an alleged violator has a right or is required to do some act within a prescribed period after a notice or other paper and the notice or paper is served by mail or posting of the property, three days shall be added to the prescribed period.

(g)

Method of contest. A citation which prescribes that it be contested in county court may be contested only by that method. A citation which prescribes that it may be contested before a special magistrate may be contested only by that method.

(Ord. No. 2009-20, § II, 8-20-2009)