(A) Powers and responsibilities of the Code Officer(s) include, but are not limited to, conducting investigations, conducting inspections, recording and documenting conditions, obtaining outscored inspection services, issuance of notice of violation or other notice as authorized herein, issuance of citation, appeal process, abatement of nuisance, right of entry, modifications, and all other powers vested under applicable statutes and this property maintenance code.
(B) Enforcement proceedings under the property maintenance code shall be initiated by the issuance of a notice of violation or a citation by a Code Enforcement Officer.
(C) Except as provided herein, if a Code Enforcement Officer believes, based on his or her personal observation or investigation, that a person has violated the property maintenance code, he or she is authorized to issue a citation to the violator. In lieu of a citation, the Code Enforcement Officer may give the violator a notice of violation that a violation has occurred and allow the violator a specified period of time to remedy the violation without fine. The time allowed by the Code Official shall depend on the nature of the violation and the time necessary to remedy the violation as determined by the Code Official. If the violator has been issued a notice of violation and fails or refuses to remedy the violation within the time specified, the Code Official is authorized to issue a citation. Informal settlement of matters under this subchapter is encouraged.
(D) The following provisions shah govern all enforcement powers, responsibilities and procedure administered by the Code Enforcement Officer(s):
(1) Notice of violation and citation(s). When authorized by ordinance, a Code Enforcement Officer may, but is not required, in lieu of immediately issuing a citation, give notice to an owner that a violation shall be remedied within a specified period of time. If the person or owner to whom the notice is given fails or refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a citation.
(2) Notice of violation procedure. Notice of violation issued by Code Enforcement Officer for violations of the property maintenance code shall contain the following information.
(a) The address, location or description of the property found to be in violation of the property maintenance code;
(b) The date and time of inspection;
(c) The name and address of the person to whom the notice is issued;
(d) The date the notice is issued;
(e) The facts constituting the violation;
(f) The section of the property maintenance code violated;
(g) The name of the Code Enforcement Officer;
(h) The fines, charges, costs, penalties, and/or administrative fees, which may be imposed for the violation if it is not abated in the manner required by the code the Code Enforcement Officer; and
(i) The maximum fine that may be imposed under the property maintenance code for the violation in question.
(3) Issuance of citation. If a Code Enforcement Officer believes based on the Officer's personal observation or investigation, that a person has violated the property maintenance code, the Officer may issue a citation to the property owner, resident, tenant, occupant, persons having control or management of the property or other violator. The citation shall represent a determination by the Code Enforcement Officer that a violation has been committed and that determination shall be final unless it is contested by the alleged violator by appealing to the Code Enforcement Board in the manner prescribed herein.
(4) Citation procedure. Citations issued by a Code Enforcement Officer for violations of the property maintenance code shall contain the following information:
(a) The address, location or description of the property found to be in violation of the property maintenance code;
(b) The date and time of inspection;
(c) The name and address of the person to whom the citation is issued;
(d) The date the citation is issued.
(e) The facts consisting the offense;
1. The section of the property maintenance code violated;
2. The name of the property maintenance Code Enforcement Officer;
3. The fines, charges, costs, penalties, and/or administrative fees, imposed for the violation if the citation is not contested in the manner prescribed within this section;
4. The maximum fine that may be imposed under this section for the violation in question if the person elects to the contest the citation;
5. The procedure for the violator to follow in order to pay the fine or to contest the citation;
6. A statement that if the violator fails to pay the fine set forth in the citation or contest the citation within the time allowed, the violator shall be deemed to have waived his or her right to a hearing before the Code Enforcement Board to contest the citation and the code enforcement officer's determination that the violation occurred shall be final; and
7. Notice that a lien may be filed against the property on which the violation occurred and that proceedings to enforce the lien may be initiated to collect fines, charges, costs, penalties, and/or fees, including attorney and administrative fees.
(5) Type and delivery of a notice of violation or citation. A notice of violation and a citation shall each be in writing and shall be reasonably calculated to inform the violator of the nature of the violation. A notice of violation and citation must each be issued by either:
(a) Personal service via hand-delivery to the property owner, resident, tenant, occupant, persons having control or management of the property or other violator; or
(b) Leaving a copy of the notice of the violation or citation with any person 18 years of age or older who is on the premises, if the alleged violator is not on the premises at the time the notice of violation or citation is issued; or
(c) Posting a copy of the citation in a conspicuous place on the premises and mailing a copy of the notice of violation or citation by regular first-class mail of the United States Postal Service to the last known property owner of record as listed in the Hopkins County Property Valuation office. Owners of rental property may register their properties with the City Clerk to receive service at any address other than that listed in the Hopkins County Property Valuation office.
(6) Notification of citation to Code Enforcement Board. After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering a copy of the citation to the administrative official designated by ordinance or by the Code Enforcement Board.
(7) Abatement of nuisance other than weeds or grass. If the violator does not contest the citation within the time prescribed, the city may, through methods as determined by the city, abate the nuisance and the property owner, resident, tenant, occupant, persons having control or management of the property or other violator at the time the violation occurred shall be liable for all fines, fees, abatement costs, and penalties assessed for the violation.
(8) Abatement of weeds and grass nuisance. Upon the issuance of a citation for weeds and/or grass nuisance, the Code Enforcement Officer may, with the citation, serve the violator with notice that the city shall cause such violation to be abated after the expiration of seven days if the person to whom the citation was issued has not remedied the violation. If the person timely contests the citation, and, after having considered the evidence in the matter, the Code Enforcement Board dismisses the citation or that portion of the citation alleging weeds and/or grass nuisance violations, the city may not recover the abatement costs to remedy the alleged weeds and/or grass violations which were dismissed.
(9) Emergency abatement. No section of this subchapter above shall prohibit the city from taking immediate action to abate any violation of this property maintenance code without prior notice to the property owner, resident, tenant, persons having control or management of the property, or other occupant when a code official, upon inspection of the property, has reason to believe that a violation presents a serious and imminent threat to any person, the public's health, safety, or welfare, or if in the absence of immediate remedial action, the effects or consequences of a violation will, within reasonable probability, cause irreparable or irreversible harm and/or property damage.
(10) Liability. The code officials charged with the enforcement of this section, while acting within the course and scope of their duties under this section, shall not thereby be rendered liable personally and are hereby relieved from any and all personal liability for injuries and damage to persons or property. Any suit instituted against any Code Enforcement Officer, code official or employee because of a lawful act performed by that officer, code official or employee in the discharge of duties imposed under the provisions of this or any other section shall be defended by the city until final adjudication of any proceedings.
(11) Discretionary modifications. The Code Official shall have the discretion to modify a notice of violation or citation provided the Officer shall first find that special circumstances that makes strict compliance with this property maintenance code impractical and the modification is in compliance with the intent and purpose of this property maintenance code and that such modification does not violate health, life and fire safety requirements.
(12) Each day as a separate offense. If the property owner, resident, tenant, occupant, persons having control or management of the property, or other violator does not abate the violation in the time provided, another citation may be issued in accordance with division (C), for each subsequent and separate violation of the property maintenance code and each day that such violation remains may constitute a separate offense under this property maintenance code.
(Ord. 92A, passed 8-19-2013; Am. Ord. 2016-02, passed 7-14-2016)
