Ch1.§5-3 · City of Nowthen public records

### A. Notification of Potential City Code Violation 1\. Upon receipt of a written complaint by the City offices, a Code Compliance Officer may issue, either in person or by United States first class mail, Notification of Potential City Code Violation to a person suspected or known to have committed a Code Violation and/or to be the owner of property upon which a Code Violation is being committed. a. The letter shall request a site inspection and require a response from the property owner and meeting time to be set by a specified date, up to fifteen (15) calendar days from the date of the letter. b. The Letter shall contain a copy of the City's Administrative Citation Program Brochure.   C. At the site visit, a site inspection will be conducted to identify or validate any specific City Code violations and the infractions shall be discussed. An action plan shall be created with an agreed-upon completion date, which outlines specific infractions and how they will be resolved. B. Administrative Notice: 1\. A Code Compliance Officer may issue, either in person or by United States first class mail, an Administrative Notice to a person suspected or known to have committed a Code Violation and/or to be the owner of property upon which a Code Violation is being committed. a. The action plan will become part of the Administrative Notice. The Administrative Notice shall contain a copy of the City's Administrative Citation Program Brochure. b. In cases where the Code Violation may affect public health/safety concerns or at the discretion of the Code Compliance Officer, an Administrative Notice may be issued without first having issued a letter regarding a Potential City Code Violation. 2\. The Administrative Notice shall identify the Code Violation, the location upon which the Code Violation occurred or is occurring, and the recommended corrective action for the Code Violation including any action plan that may have been created previously. The Administrative Notice may also state that the alleged violator has, at the discretion of the Code Compliance Officer, up to fifteen (15) calendar days to correct or abate the Code Violation. 3\. If the alleged violator and/or owner of property upon which a Code Violation is being committed is unable to correct or abate the Code Violation within the prescribed time, that person may request in writing an extension from the Code Compliance Officer. Any extension granted by the Code Compliance Officer shall be in writing and shall specifically state the date of expiration. 4\. If the Code Violation is not corrected or abated, as outlined in the Administrative Notice, within the prescribed time or any extension thereto, the Code Compliance Officer may issue a citation, as provided below.   ### C. Citation. 1\. A Code Compliance Officer is authorized to issue a citation upon the belief that a Code Violation has occurred, provided an Administrative Notice has first been issued in regard to said Code Violation. 2\. The citation shall be given to the person responsible for the violation and/or to the owner of the property upon which the violation has occurred, either by personal service or by United States first class mail. 3\. Said citation shall state the nature of the Code Violation, the time and date said Code Violation was observed, the administrative enforcement penalty applicable to that Code Violation as set forth in the City's Fee Schedule in Section 1-2-2 of this Chapter, and the manner for paying the administrative enforcement penalty or requesting a hearing before a Hearing Officer to contest the citation. D. Responding to a Citation / Payment. 1\. Once a citation is issued, the alleged violator and/or the owner of the property upon which the violation has occurred shall, within fifteen (15) calendar days of the time of issuance of the citation, either pay the administrative enforcement penalty set forth in the citation or request a hearing in writing according to the procedure set forth in this. 2\. The administrative enforcement penalty may be paid either in person at City Hall, or by United States first class mail, postage prepaid and postmarked within said prescribed fifteen (15) calendar days. 3\. Payment of the administrative enforcement penalty shall be deemed to be an admission of the Code Violation. 1-5-4: APPEAL TO HEARING OFFICER: A. Requesting a Hearing. 1\. Any person contesting a citation issued pursuant to this Chapter may, within fifteen (15) calendar days of the time of issuance of the citation, request a hearing before a Hearing Officer. 2\. Any request for a hearing before a Hearing Officer shall be made in writing on a form provided by the City for such a request and either delivered personally to the City at City Hall or mailed to the City by United States first class mail, postage prepaid and postmarked within said prescribed fifteen (15) calendar days.   3\. The hearing shall be held at City Hall within thirty (30) calendar days of the date the City received written notice that a hearing had been requested. 4\. Failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. A determination of good cause shall be made by the Hearing Officer, but does not include forgetfulness or intentional delay. B. Hearing Officer. 1\. The City Council shall by Resolution from time to time appoint a list of persons authorized to act as a Hearing Officer. 2\. The Hearing Officer is authorized to conduct an informal hearing to determine if a Code Offense has occurred. 3\. The Hearing officer shall be compensated by the City for such hearings and related findings. 4\. The Hearing Officer shall have the authority to uphold or dismiss the citation or reduce, stay or waive the administrative enforcement penalty imposed upon such terms and conditions as the Hearing Officer shall determine. 5\. The Hearing Officer's decision shall be made in writing addressed to the City and a copy shall be served by United States first class mail upon the person requesting the hearing. 6\. The Hearing Officer's decision is final, except for appeal of the Hearing Officer's decision in limited cases to the City Council, as set forth below. C. Conduct of Hearing. At the hearing, the parties will have the opportunity to present testimony, documents and exhibits and question witnesses. The Hearing Officer shall tape record the proceedings and receive testimony and exhibits. Strict rules of evidence will not apply. The Hearing Officer must receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. D. Payment for Cost of Hearing. The cost of the hearing, including but not limited to the Administrative Hearing Fee and Hearing Officer compensation, shall be borne by the non-prevailing party in an amount not to exceed $300. In all cases, where the party requesting the hearing is unable to attend and fails to request a continuance of the hearing at least forty-eight (48) hours in advance of the   scheduled hearing, all costs incurred by the City attributable to the hearing shall be charged to the requesting party.

Ch.1 § 5-3

Amendment history