§ 2-233. Summary enforcement procedures; code citation.

(a)

Code citation. If a violation or a repeat violation (as defined in this article) of a code or ordinance for which the village council has set specific fines and costs is believed to have occurred or to exist, by a code enforcement inspector or officer (jointly referred to as "officer"), the officer may issue the violator one or more courtesy notices, or a code citation designating the code section believed to have been violated, and a short factual statement which forms the basis for the belief that a violation exists, and the amount of the fine and costs, as adopted by the village council for the offense.

(b)

Life safety violation or irreparable or irreversible violation. If the officer has reason to believe that a violation or condition causing the violation presents a serious threat to the public health, safety, and welfare or the environment ("life safety violation"), or if the violation is irreparable or irreversible in nature, whether or not said violation is a violation of a code or ordinance for which the village council has set specific fines and costs, the officer may issue the violator a code citation designating the code section believed to have been violated, and a short factual statement which forms the basis for the belief that a life safety violation exists or irreparable or irreversible violation has occurred. The officer shall also state in the code citation a fine and cost amount based on the severity of the violation. Life safety violations shall not exceed $250.00 for the first violation and irreparable or irreversible violations shall not exceed $5,000.00 per violation. The officer may also issue a code citation consistent with this section for a repeat violation (as defined in this article) of a life safety violation or of a violation that is irreparable or irreversible in nature.

(c)

Code compliance. Except for all irreparable or irreversible violations, the code citation shall establish a time for compliance and if the violator fails to comply by the established time in the citation, the violator may be subject to daily fines as determined at a hearing by the special magistrate or code enforcement board. For all irreparable or irreversible violations, if the violation reoccurs, the officer may treat the reoccurrence as a new violation and issue another or additional code citations. The code citation shall also provide the violator with a hearing date and time, commanding the violator to appear at a designated special magistrate or code enforcement board hearing, if the violator fails to comply by the time established in the code citation.

(d)

Payment of fine and costs. The violator may elect to pay the fine and costs as provided on the code citation, or may appear before the special magistrate or code enforcement board at the designated hearing date and time. If the fine and/or costs provided on the code citation are not paid by the date and time for the hearing and the special magistrate or code enforcement board determines a violation occurred, the violator will be subject to further administrative costs and fees. Once the fine and/or the costs are paid, under this summary procedure, it is deemed to be conclusive proof of the violation, for the purposes of establishing a later repeat violation.

(Ord. No. 2004-29, § 2-171, 5-27-2004; Ord. No. 2008-33, § 2, 12-11-2008)