Etna Municipal Code Art. VI Notice Of Violation

A code enforcement officer, police officer, or other authorized enforcement officer may issue a notice of violation in lieu of issuing a field citation, or a notice of public nuisance or filing a criminal complaint as set forth in this chapter; provided, that grounds exist to issue a field citation or a notice of public nuisance or to file a criminal complaint. Nothing in this chapter shall be construed or interpreted to require the issuance of a notice of violation as a prerequisite to the issuance of a field citation, or a notice of public nuisance or the filing of a criminal complaint.

(Ord. 217, 2015)

If the violator is being charged for violations occurring upon real property, the notice of violation should include all of the following information:

A. The name of the property's record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

B. The date of inspection;

C. The date of the violation(s);

D. The street address or a definite description of the location where the violation(s) occurred;

E. The code section(s) violated;

F. A description of the property's condition which violated the applicable codes;

G. A list of violation(s) that must be corrected to bring the property into compliance;

H. The deadline or specific date by which to correct the violation(s) listed in the notice of violation;

I. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

J. The name and signature of the code enforcement officer, police officer, or other authorized enforcement officer who issued the notice of violation ("citing officer").

(Ord. 217, 2015)

If the violator is being charged for violations not occurring upon real property, the notice of violation shall include all of the following information:

A. The name of the person(s) responsible for committing the violation(s);

B. The date of the violation(s);

C. The street address or a definite description of the location where the violation occurred;

D. The code section(s) violated;

E. A description of the violation(s);

F. An order prohibiting the continuation or repeated occurrence of the described violation(s);

G. The name and signature of the citing officer.

(Ord. 217, 2015)

The notice of violation may be in letter form or any other form which adequately conveys the information.

(Ord. 217, 2015)

The notice of violation, and any amended or supplemental notice of violation, shall be served upon the person responsible for the violation(s).

(Ord. 217, 2015)

A notice of violation that is related to real property may be served by personal delivery to the violator or, if the violator is the owner or occupant of or has charge or control of the property, the notice may be served by causing a copy of said notice of violation to be sent by certified mail, postage prepaid, return receipt requested, to the address shown on the last available assessment roll. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation and retained by the citing officer.

(Ord. 217, 2015)

A. A notice of violation that is not related to the property may be served in any of the following ways:

1. By personal delivery to the violator;

2. If the violator is being charged for violations occurring at a business operating within the city, and the violator is the owner or an employee of the business, the notice of violation may be served by causing a copy of said notice to be sent by certified mail, postage prepaid, return receipt requested, to the address shown on any permit or license issued by the city to said business; or

3. By causing a copy of said notice to be sent by certified mail, postage prepaid, return receipt requested, to an address otherwise known to the issuing inspector or authorized agent.

B. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation retained by the citing officer.

(Ord. 217, 2015)

Service of a notice of violation which is personally served shall be deemed completed at the time of such delivery. Service of a notice of violation which is served by mail is deemed completed on the date said notice of violation is deposited in the mail.

(Ord. 217, 2015)

Failure to comply with a notice of violation may result in the issuance of a field citation or a notice of public nuisance, or such other action or proceeding pursuant to this chapter or permitted by law.

(Ord. 217, 2015)