§ 3-6-205. SAME - CODE ENFORCEMENT - CITATION.

(a)

Authority to issue. The Code Official or the Director may issue a citation to a violator at any time.

(b)

Not required.

(1)

The Code Official and the Director are not required to issue a correction notice before issuing a citation.

(2)

The Code Official and the Director shall establish written criteria for any circumstances in which the issuance of a correction notice is not required.

(c)

Contents of citation.

(1)

The citation issued under this section shall:

(i)

Be in writing and describe with particularity the nature of the violation, including a reference to the Code or County Code provision the violator has allegedly violated;

(ii)

Include any civil penalty proposed to be assessed; and

(iii)

Advise the violator that the violator may contest the citation or proposed civil penalty by filing with the Code Official or the Director, within 15 days after receipt of the citation, a written request for a code enforcement hearing.

(2)

The Code Official or the Director shall serve the citation on the violator by posting the citation on the property, sending the citation by first class mail, or hand delivering the citation to the violator on a form prescribed by the Code Official or the Director.

(3)

(i)

A citation may require the violator to comply with the correction notice.

(ii)

A restoration plan required by the Director may be secured by an environmental agreement as defined in § 32-4-101 of the Code.

(d)

Failure to request a hearing. If the violator does not request a code enforcement hearing within the 15 days required under subsection (c)(1)(iii) of this section, the citation and any civil penalty are deemed a non-appealable final order of the Code Official or the Director.

(1988 Code, § 1-7) (Bill No. 39-97, § 1, 6-6-1997; Bill No. 31-99, § 3, 7-1-2004; Bill No. 80-01, § 1, 11-23-2001; Bill No. 70-03, § 43, 7-1-2004; Bill No. 37-06, § 1, 6-17-2006; Bill No. 82-06, § 3, 8-24-2006)