§ 40-7. Environmental Citations.

(a) Board to prescribe.

The Board must prescribe the form and wording of environmental citations.

(b) Required contents.

In addition to any other matters that the Board prescribes, an environmental citation must include:

(1) the name, if known, of the person cited;

(2) the violation with which the person is cited, including a reference to the specific law in question;

(3) the manner and time in which the person must either:

(i) pay the prepayable fine prescribed for the violation; or

(ii) request a hearing on the violation;

(4) the time within which the violation, if ongoing, must be abated; and

(5) a notice that failure to act in the manner and time stated in the citation may result in a default decision and order entered against the person.

An environmental citation must be:

(1) issued by a Code Enforcement Officer; and

(2) served on the person cited by 1 of the following methods:

(i) in person;

(ii) certified mail, return receipt requested;

(iii) delivery to a person of suitable age and discretion who resides at the cited person's last known address; or

(iv) for service on an occupant of the premises at which the violation occurred:

(A) posting on the main entrance of the premises; and

(B) mailing by regular mail to the person cited, at that person's last known address.

(d) Tenor of citation.

When issued and served, the citation or a copy of it:

(1) constitutes full and complete notice of the violation cited in it;

(2) if abatement is ordered, constitutes a full and complete notice of the order of abatement; and

(3) if sworn to or affirmed, is prima facie evidence of the facts contained in it.

(e) Single document permissible.

A single document may be used to issue two or more separately numbered citations.

(f) Electronic signature.

An electronic signature may be used to execute a citation and to serve as an affirmation, under penalties of perjury, that the facts stated in the citation are true.

(g) Record of citation to be kept.

The original or a copy of the citation must be filed and retained in the records of the Board.