Enforcement Process
Steps
Step 1: acknowledge violation
The first step in the code enforcement process is the officer is notified of a violation or he views a violation himself. If the officer receives a notification of a violation, he will investigate to make sure the complaint is in fact a code or zoning violation.
Step 2: notification of violation
Next, notification of violations will be sent by certified letter through the US Postal Service to the registered homeowner. This means, if renters are occupying a home, the name and address of the homeowner that is listed with the Wise County Tax Office will receive the letter. If letters are returned to the City of Alvord, the code enforcement officer will attempt to contact occupants/homeowners at the property to give them a copy of the letter of violation. Depending on the violation, the law allows10 days or 30 days for homeowners to correct the violation.
Step 3: second notice
After the allowed days if the property is still in violation the code enforcement officer will send a 2nd notice of violation.
Step 4: action or citation
If no action is taken to correct the violation after the 2nd notice, a citation will be issued with a notice to appear in court.
Court
The courts are allowed to apply criminal prosecution and/or civil remedies. The 1st and 2nd notifications will have the following information on them:
Criminal prosecution
A person who violates a provision of this Ordinance, or who fails to perform an act required of him by this ordinance, commits a misdemeanor offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.
Civil Remedies
The civil action may include, but is not limited to, a suit to recover a civil penalty not to exceed $1,000.00 each day or portion of a day during which the violation is committed, continued, or permitted by the owner or occupant of the property.