§ 87-050. PROCEDURES

(a)

The administrative citation shall be issued on a form containing:

(1)

The name and address of the responsible party and, if applicable, the physical address of the property or location where the violation exists or occurred;

(2)

A statement of the acts, events or conditions which resulted in a violation of the code, including a reference to the appropriate title and chapter and the date of occurrence of the violation(s) included within the citation;

(3)

The amount of the administrative penalty imposed by the citation;

(4)

A statement explaining how, where, to whom, and within what number of days the penalty shall be paid;

(5)

In the case of a continuing violation issued under Section 87-130(d), the number of days provided to correct the violation prior to the administrative penalty becoming effective;

(6)

Identification of appeal rights, including the time within which the administrative citation may be contested and how to contest the citation; and,

(7)

The signature of the public official issuing the citation along with the date of issuance of the citation.

(b)

The administrative citation shall be served upon the responsible party, however, failure of the public official to serve any responsible party as required in this section shall not invalidate any provisions of this chapter, nor shall it relieve any responsible party from any duty or obligation required by the code.

(c)

Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail postage prepaid, return receipt requested, and shall be deemed completed when it is served to the address of record for the responsible party.

(d)

In lieu of personally serving the responsible party by personal delivery or first class mail postage prepaid, service of the administrative citation and any amended or supplemental citation may be made by:

(1)

By leaving a copy during usual business hours with the person who is apparently in charge at the recipient's place of business and by thereafter mailing by first class mail postage prepaid a copy to the recipient at the address where the copy was left; or

(2)

By leaving a copy at the recipient's dwelling or usual place of abode in the presence of a competent member of the household and thereafter mailing by first class mail postage prepaid a copy to the recipient at the address where the copy was left; or

(3)

In the event the responsible party cannot be served by first class mail postage prepaid and cannot be personally served but has a property manager or rental agency overseeing the premises, substituted service may be made as set forth above in subdivision (1) upon the property manager or rental agency; or

(4)

Substitute service may be effected by posting the property with the administrative citation and mailing a copy of the citation by first class mail postage prepaid to the responsible party in violation at the address of the property where the violation exists; or

(5)

If the responsible party in violation or other person entitled to service cannot be located or service cannot be effected as set forth in this section, service may be made by publication once in a newspaper of general circulation.

(e)

Failure of any responsible party to receive such administrative citation shall not affect the validity of any proceedings taken under this section against any other responsible party. Service by first class mail postage prepaid in the manner provided in this section shall be effective on the date of mailing.