§ 2-7-23. Enforcement procedure.

The code enforcement procedure under this article shall be as follows:

(a)

It shall be the duty of the code enforcement officer to initiate enforcement proceedings.

(b)

Where the code enforcement officer finds or is made aware of a code or ordinance violation, the code enforcement officer shall notify the violator and such notice of violation shall provide a reasonable time within which to correct the violation. Should the violation continue beyond the time specified in the notice of violation, or if the violation is corrected, but then recurs, the code enforcement officer may schedule a hearing before the special magistrate. Notice of such hearing shall be provided to the violator. The case may be presented to the special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.

(c)

If the code enforcement officer has reason to believe a violation presents a serious threat to the public health, or welfare, or if the violation is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately request a hearing. In such cases the code enforcement office is not required to give the violator a reasonable time to correct the violation. Upon making a reasonable effort to notify the violator, the code enforcement officer shall notify the clerk who shall schedule a hearing before the special magistrate and provide notice to the violator. The case may be presented to the special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.

(d)

If a code enforcement officer finds a repeat violation the code enforcement officer shall notify the violator but is not required to give the violator a reasonable time to correct the repeat violation. Upon notifying the violator, the code enforcement officer shall notify the clerk who shall schedule a hearing before the special magistrate and provide notice to the violator. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected prior to the hearing, the special magistrate retains the right to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to a hearing and pay the costs as determined by the special magistrate.

(Ord. No. 17-44 , § 3, 9-26-17)