§ 2-7-44. Notice to appear.

(a)

A code enforcement officer may issue a notice to appear at any hearing conducted by a county court, if the code enforcement officer, based upon personal investigation, has reasonable cause to believe that the person has violated a county code or ordinance. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person.

(b)

Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a county code and shall establish a reasonable time period within which the person must correct the violation. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. For the purposes of this section only, a reasonable time period shall be no fewer than five (5) days and no more than thirty (30) days.

(c)

A code enforcement officer is not required to provide the person with reasonable time to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if:

(1)

A repeat violation is found; or

(2)

The code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare; or

(3)

The code enforcement officer has reason to believe that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction; or

(4)

The code enforcement officer has reason to believe that the violation is irreparable or irreversible.

(Ord. No. 17-44 , § 3, 9-26-17)