§ 34-41. Enforcement by code enforcement officers; notice of violation.

(a)

If a code enforcement officer receives a complaint from a complainant regarding a violation of this article, or otherwise observes a suspected violation, he shall investigate the complaint or suspected violation to determine whether a violation exists. If the suspected violation occurs within the downtown master plan as defined by section 34-37, the code enforcement officer shall investigate by taking a 30 second measurement of the sound level that is suspected to be in violation of this article, with a sound level meter, at least 20 feet from the person, sound device or establishment generating the sound, with the. The average sound level from this 30 second measurement being used to determine if a violation exists.

(b)

If the code enforcement officer observes a violation of this article, and it is the first violation of the person, sound device or establishment in a 24-hour period, the inspector shall give written warning of the violation and allow 15 minutes for the person or, if a sound device or establishment, the owner, operator, or other person in control of the sound device or establishment, to voluntarily comply with this chapter. A written warning of violation prior to issuing a notice of violation is only required for the first violation in a 24-hour period.

(c)

If a person, or in the case of a sound device or establishment, an owner, operator or other person in control of the sound device or establishment fails to bring the sound device or establishment into compliance within 15 minutes after being issued a written warning, the code enforcement officer will issue a notice of violation as provided in chapter 26 of this Code and inform the violator that he must immediately cease the violation and will be subject to additional penalties if the violation continues. The notice of violation shall contain the:

(1)

Name of the violator.

(2)

Date and time of violation.

(3)

Nature of the violation.

(4)

Amount of fine for which the violator may be liable pursuant to section 34-42 of this Code or as otherwise provided by law.

(5)

Instructions and due date for paying the fine.

(6)

Notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation, that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing, and that unpaid fines will result in the imposition of liens which may be foreclosed by the city.

(d)

The notice shall also inform the violator that repeat violations of this article will result in the imposition of larger fines and may also result in revocation of occupational license and/or certificate of use and/or injunctive proceedings as provided by law.

(Ord. No. 4136-08, § 1, 4-21-2008; Ord. No. 4535-14, § 3, 7-6-2015; Ord. No. 4606-15, § 1, 12-7-2015)