1.20.060 Notice of civil infraction:
A. Issuance. When the Code Enforcement Officer has determined that a violation has occurred or is occurring, he or she may issue a notice of infraction to the person responsible for the violation.
B. Content. The notice of infraction shall include the following information:
1. A statement describing the specific civil infraction for which the notice was issued, including the date and location, as well as the accompanying statutory citation, ordinance number, or regulation;
2. A statement that the notice of civil infraction represents a determination that a civil infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;
3. A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
4. A statement of the monetary penalty established for the civil infraction;
5. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
6. A statement that at any hearing to contest the determination, the City has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed and that the person may subpoena witnesses including the Code Enforcement Officer who issued the notice;
7. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;
8. A statement that the person named in the notice must respond as provided in this chapter within fifteen (15) days of issuance; and
9. A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty.
C. Identification and Detention of Person Receiving Notice. A person who receives a notice of civil infraction under this chapter is required to identify himself or herself to the Code Enforcement Officer by giving his or her true name, address, and date of birth. Upon request of the Officer, the person shall produce reasonable identification, including a driver’s license or State identification card. The Code Enforcement Officer may cause to be detained any person who is unable or unwilling to reasonably identify himself or herself for purposes of issuing a civil infraction, for a time not longer than is reasonably necessary to identify the person.
D. Service. The Code Enforcement Officer shall serve the notice of civil infraction upon the person responsible for the violation, either personally or by mailing a copy of the notice of civil infraction by certified or registered mail, return receipt requested, to such person at his last known address. If the person responsible for the violation cannot be personally served within Grant County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil infraction conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person completing the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail.
E. Filing. A notice of civil infraction shall be filed with a court having jurisdiction within 5 days of issuance, excluding Saturdays, Sundays, and holidays.
F. Determination Final Unless Contested. A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter.
G. Further Action Not Limited. Issuance or disposition of a notice of infraction shall not limit or preclude any action or proceeding pursuant to this chapter. (Ord. 2760, 4/14/15)