§ 12-224. Procedure.  

Latest version.
  • (a) Except as provided in subsection (c) below, if a violation is found, the code enforcement officer shall provide notice, prior to issuing a citation, that the person has committed a civil infraction in violation of a city code or ordinance. The officer shall establish a reasonable time period, which shall be no more than thirty (30) days, within which the person must correct the violation.

    (b) If, upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period allowed, the officer may issue a citation to the person who has committed the violation.

    (c) The code enforcement officer is not required to provide the person with a reasonable time to correct the violation prior to issuing a citation and may immediately issue a citation if the officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

    (d) A citation issued by the code enforcement officer shall be in a form reviewed by the city attorney and approved by the city manager and shall contain the following information:

    (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 number or section of the code or ordinance violated.

    (6) The name and authority 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 applicable civil penalty if the person elects to contest the citation.

    (9) The applicable civil penalty if the person elects not to contest the citation.

    (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

    (e) After issuing the citation to the alleged violator, the code enforcement officer shall deposit the original and one (1) copy of the citation with the clerk of the county court.

    (f) The county court in and for the Tenth Judicial Circuit shall hear and consider charges of code and ordinance violations pursuant to the issuance of citations.

(Ord. No. 95-13, § 1, 4-18-95)