§ 33.17. Violations, procedure.  


Latest version.
  • (A)

    A code enforcement officer does not have to provide an opportunity to correct the violation prior to issuing a citation. A code enforcement officer may immediately issue a citation for any violation including those violations which are transient in nature. A code enforcement officer may issue a separate citation to each alleged violator for each calendar day the violation exists.

    (B)

    A code enforcement officer shall issue a citation in a form prescribed by the town, and it 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 number or section of the Code or ordinance violated.

    (6)

    The name and authority of the code enforcement officer or law 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 contest the citations within 30 days, he or she shall be deemed to have waived his or her right to contest the citation and that, in such case, the alleged violator shall be deemed to have committed the violation as charged in the citation.

    (C)

    Notice of the citation issuance shall be provided to an alleged violator in the same manner provided for in section 33.12 of this chapter.

    (D)

    After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the finance department and records division, or his or her designee, within ten days of issuance.

    (E)

    A civil penalty of no more than $500.00 is provided for in the "schedule of violations and fines" passed by resolution of the town commission and shall be imposed if the person who has committed the civil infraction does not contest the citation.

    (F)

    The town manager, or his or her designee, is authorized to pursue the collection of any unpaid civil penalties.

(Ord. 2018-03, passed 6-4-18; Ord. 2018-13, passed 10-15-18)