Home > 1 > 60

Title: 1 - General Provisions

Chapter: 60 - Administrative Citations for Violations of this Code

Section: 50 - Administrative citation issuance and service procedures

AIf a notice of violation has been served upon a responsible person and the violation has not been corrected or abated within the correction period, an administrative citation may be issued to that responsible person by an enforcement officer for a violation of the Code.

B.  An administrative citation shall be served on the responsible person by an enforcement officer in one of the following ways:

    1.  Personal service. The enforcement officer may personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If personal service is affected, but the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the service of the administrative citation or of any of the subsequent proceedings. The enforcement officer shall note on the administrative citation the failure or refusal of the responsible person to sign the citation. The date of service under this subsection shall be the date of actual service.

    2.  Service of citation by mail. As an alternative to personal service, the enforcement officer may serve the administrative citation by mail as hereinafter set forth. The administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a return receipt requested. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned by the United States Postal Service undelivered. In the case of service by certified mail for which a signed receipt is returned, the date of service shall be the date of signing of the receipt. In the case of service by regular first class mail, the date of service shall be the date upon which such mail was deposited in the United State Mail with postage prepaid, plus three days.

    3.  Service of citation by posting notice. If the enforcement officer does not succeed in serving the responsible person by personal service or by mail as set forth above, the enforcement officer shall post the administrative citation on any real property within the county in which the county has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service. The date of service of a posted notice or citation shall be the date of actual posting, plus five days.

 

(Ord. 2005-05 § 2 (part), 2005.)