§ 1501-13. Notice of Civil Offense and Civil Fine; Procedures.

(a)

A city officer or employee charged with enforcement of the Cincinnati Municipal Code may issue a notice of civil offense and civil fine to a person found to have committed a civil offense.

(b)

A notice of civil offense and civil fine must advise the person served:

(1)

Unless a written answer is filed or the civil fine paid within 168 hours that the fine will double;

(2)

That a hearing will be held if requested;

(3)

That failure to appear at a requested hearing will be considered an admission of the civil offense;

(4)

That all available collection remedies and costs of collection will be pursued in the event the civil fine and delinquent charges are not timely paid; and

(5)

That the civil fine otherwise due may be reduced if the notice is for an offense that is subject to reduction if the offense is corrected.

(c)

A notice of civil offense and civil fine:

(1)

Must identify the person being charged if known to the issuing officer or employee;

(2)

Indicate the offense charged, the civil fine for the offense, and the date, time and location of the offense charged;

(3)

Be signed and attested by the issuing officer or employee;

(4)

If the person charged is present, the issuing officer or employee may personally serve the person charged with a copy of the notice.

(d)

Except as otherwise provided in section (e), the issuing officer or employee must:

(1)

Constructively serve the person charged with a copy of the notice by posting a copy of the notice in a conspicuous location on the real property if the person being charged is not present, and the notice involves an offense which occurred on or immediately adjacent to real property owned, occupied, or controlled by the person charged;

(2)

Post a copy of the notice on the real property to which it relates, if the identity of the person responsible for the offense is not known to the issuing officer and the offense relates to real property;

(3)

Post a copy of the notice on the motor vehicle to which it relates, if the identity of the person responsible for the offense is not known to the issuing officer and the offense relates to a motor vehicle.

In all cases where a notice is not personally served, the notice must be mailed to the person charged after the identity of that person is determined.

(e)

Notwithstanding the service provisions set forth in subsection (d) related to violations that occur on real property, notices for any subsequent violation of Section 731-3, 714-35, 714-37, or 714-39 may be served on the person charged by any of the following methods:

(1)

Any of the methods set forth in subsection (d), or

(2)

Regular mail to the mailing or owner addresses of the property owner, as indicated in the public record of the Hamilton county auditor.

(f)

The original of a notice of civil offense and civil fine issued pursuant to this Section or a true copy of it is a record kept in the ordinary course of business of the city of Cincinnati and is prima-facie evidence of the facts it contains.

(Ord. 241-1996, eff. Sept. 6, 1996; Emer. Ord. No. 075-2015, § 7, eff. March 25, 2015)