§ 8-47. Citations, enforcement procedures, administrative hearings.

This section establishes a means of enforcing violations of this code. A person or business organization/entity found violating this code is subject to either formal or informal administrative hearings. Formal administrative hearings shall be conducted before a special master as defined and established by this code. Informal hearings shall be conducted before the board. Administrative hearings may involve and are not limited to: county certified/registered contractors; state certified/registered contractors; uncertified/unregistered/unlicensed contractors; unpermitted work; commencing work without applicable permit; vehicle marking; advertising and other violations as set forth in this code now and in the future as may be adopted.

(1)

A field investigator, building official or his/her designee shall have the authority to issue citations and initiate enforcement proceedings against any person who is either duly or not duly: licensed/certified/registered as a contractor, subcontractor or specialty contractor.

(2)

A field investigator, building official or his/her designee shall have the authority to issue citations and initiate enforcement proceedings against any person; without regard to licensure; who commences, performs or proceeds; on any job without first obtaining the applicable building/zoning/landscaping permit(s) and inspection(s). No special master shall have the power to initiate such proceedings.

(3)

A field investigator, building official or his/her designee shall have the authority to issue a citation to any person alleged to have violated this code.

(4)

A field investigator, building official or his/her designee shall have the authority to issue a citation for each day that a violation exists beyond a date set for compliance. The citation form shall include, but not be limited to the following:

a.

Date and time of issuance.

b.

Name of person issuing citation.

c.

Name and address of alleged violator.

d.

Ordinance(s) alleged to have been violated.

e.

Brief description of the nature of the violation, including location, date and time of violation.

f.

Amount of the applicable civil penalty as it applies to a first violation; failure to enter an increased civil penalty for a repeat violation shall not prevent imposition of the increased civil penalty in appropriate cases.

g.

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

h.

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

i.

Notice that failure of the alleged violator to request an administrative hearing within ten (10) days after service of the citation upon him shall constitute a waiver of the alleged violator's right to an administrative hearing before the special master or the board, and that such waiver shall constitute an admission of violation.

(5)

Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject's last known address.

(6)

A person who has been served with a citation shall elect either to:

a.

Correct the violation (if not irreparable or irreversible) and pay the civil penalty in the manner indicated on the citation or;

b.

File with the principal office an "election of rights" either disputing the matter and requesting a "formal hearing" before the special master or not disputing the matter and requesting an "informal hearing" before the board.

An election of rights shall be filed within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays.

(7)

Failure by the alleged violator to file an "election of rights" within the time frame set forth in this section shall constitute a waiver of the alleged violator's right to a hearing. A waiver of the right to a hearing shall be deemed an admission of the violation and penalties may be imposed accordingly. Failure of the alleged violator to file an "election of rights" or pay the fine shall cause the citation to become a final order of the special master and/or board.

(Ord. No. 2001-21, § 1, 12-18-01)