§ 9-121. Enforcement procedures.

(a)

Code enforcement officers, upon their own initiative or receipt of a complaint and personal investigation, shall have the authority to initiate enforcement proceedings against uncertified contractors, property owners who hire or contract with uncertified contractors or subcontractors or who proceed on any job without first obtaining applicable local building permits and inspections, and property owners who hire or contract with a sole proprietor, business organization, or governmental agency which does not possess a Class A or Class B Tree Trimmer License required pursuant to Article XI of this chapter. No hearing officer shall have the power to initiate such proceedings.

(b)

A code enforcement officer, who has reasonable and probable grounds to believe that a violation of a code identified in Section 9-127 has occurred, has the authority to serve a notice of violation to the alleged violator or issue a citation. The code enforcement officer shall set a reasonable time period within which the alleged violator shall correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, nature, extent, and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. A code enforcement officer is not required to issue a notice of violation and may immediately issue a citation to an alleged violator in the event of a repeat violation, if there is 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. A violation relating to uncertified contractors engaging in the business or acting in the capacity of a contractor or advertising as available to engage in the capacity of a contractor without being duly registered or certified is deemed to be a serious threat to the public health, safety, and welfare and will not require the issuance of a notice of violation prior to the issuance of a citation. Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this section.

(c)

A code enforcement officer who finds that a violation has continued beyond the date specified in the notice of violation, or finds a violation that does not require a notice of violation, may serve a citation to an alleged violator in the amount as set forth in Section 9-127. A code enforcement officer may issue a separate citation for each day that a violation is found to exist beyond the date set for compliance. The citation form shall include, but not be limited to, the following:

(1)

Date and time of issuance;

(2)

Name of code enforcement officer and division or department issuing the notice;

(3)

Name and address of the person to whom the citation is issued;

(4)

Code section that has been violated;

(5)

Brief description of the nature of the violation, including location, date, and time of violation and the facts constituting reasonable cause;

(6)

Amount of the applicable civil penalty if the person elects not to contest the citation;

(7)

Procedure for the person to follow to pay the civil penalty or to contest the citation;

(8)

Notice that additional citations may be issued for each day that the applicable violation is found to exist;

(9)

Notice that failure to request an administrative hearing within ten (10) days after service of the citation, exclusive of weekends and legal holidays, shall constitute a waiver of the violator's right to an administrative hearing before the hearing officer, and shall result in the entry of an order against the violator and the imposition of a civil penalty in the amount set forth in the citation;

(10)

Notice that the violator's failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing and shall result in the imposition of a civil penalty in the amount set forth in the citation;

(11)

Notice that, if the right to a hearing has been waived as provided in Subsection (9) or (10), a hearing shall not be necessary for the issuance of an order imposing a civil penalty; and

(12)

Notice that the violator may be liable for the reasonable costs of the administrative hearing should the violator be found guilty of the violation.

(d)

The act upon which the citation is issued shall be ceased upon receipt of the citation, and the person who has been served with the citation shall elect either to:

(1)

Correct the violation and pay the civil penalty in the manner indicated on the citation; or

(2)

Request an administrative hearing before a hearing officer to appeal the issuance of the citation by the code enforcement officer.

(e)

Appeal by administrative hearing of the citation shall be accomplished by filing a request in writing to the address indicated on the citation, not later than ten (10) days, exclusive of weekends and legal holidays, after the service of the citation.

(f)

Failure of a violator to appeal the decision of the code enforcement officer within this time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall result in the entry of an order against the violator and the imposition of a civil penalty in the amount set forth in the citation. A hearing shall not be necessary for the issuance of such order.

(Ord. No. 90-45, § 5, 12-11-90; Ord. No. 94-27, § 21, 5-10-94; Ord. No. 2010-15, § 9, 4-13-10; Ord. No. 2013-14, § 1, 2-26-13)