§ 41-2. Enforcement procedures.

(a)

Responsibilities of affected departments. Notwithstanding any other provision of this code to the contrary, the affected county department shall be responsible for the initial identification of and contact with persons who are suspected to be in violation of any provisions of this code.

(b)

Notices:

(1)

The affected department may issue a written courtesy notice giving violators not less than thirty (30) days to voluntarily comply.

(2)

In the event of noncompliance with the courtesy notice, the affected department shall issue a formal written warning notice to violators. Said notice shall expressly state:

a.

The violator is in violation of such code section as is applicable;

b.

The violation shall be corrected or abated by the violator by specified action;

c.

Unless such violation is so corrected or abated within a specified time of not less than ten (10) days, said person will be issued a citation to appear in court for said violation and for failing to comply with said warning notice;

d.

Upon conviction of said violation or of failing to comply with said warning notice, penalties shall be imposed and a notice of violation recorded in accordance with section 41-7;

e.

The name and phone number of the departmental employee from whom further information may be obtained.

(3)

Any courtesy or warning notice issued hereunder shall be personally served on the violators or mailed by first class mail in a sealed envelope with postage thereon fully prepaid and addressed to the violator at his or her last known address.

(c)

Citations. Following the notice procedure specified in subsection (b) above, in those cases where the violation continues, a code enforcement officer may issue a citation pursuant to section 41-3(c).

(d)

Exceptions: Notwithstanding the provisions of subsections (b)(1) and (2) above: (1) the head of the affected department or the division manager may, in his or her discretion, issue a formal written warning notice to a violator, in the same form specified in subsection (b)(2), even though no courtesy notice has been given pursuant to subsection (b)(1); or (2) a county code enforcement officer may immediately issue a citation, upon the request of the head of the affected department or the division manager, and when: there is reasonable basis to believe that the violation constitutes a threat to the health and safety of any person or persons, including that of the alleged violator, or to property; or the violator may not remain in the county or may otherwise be difficult to locate at a later time.

(e)

Failure to comply with warning notice: It shall be an infraction for any violator to refuse or fail to comply with a warning notice issued to him or her pursuant to subsection (b)(2) above.

(f)

Public Nuisance: Any violation that is continued in disregard of a warning notice issued pursuant to subsection (b)(2) above is hereby declared to be a public nuisance and may be abated in the manner prescribed by law.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 2774, § 4, 8-29-89; Ord. No. 3001, § 17, 5-5-92; Ord. No. 3034, § 1, 11-10-92; Ord. No. 3310, § 1, 12-17-96)