Code Violation Citation Process
Administrative Code Violation Citation Process
Any person, firm, or corporation committing an offense considered a violation of the City of Alabaster Code of Ordinances adopted by the City of Alabaster Council, may be issued a citation for such violation by the Code Enforcement Officer. This method of enforcement may be used in lieu of an arrest warrant secured by a complainant. The process for issuing a citation for an Ordinance violation shall be as follows:
- Verbal, Personal, or Written communications shall initially be made with a violator. The nature of the violation shall be clearly communicated to the violator, as well as the action necessary to resolve the issue. A specific time frame should be established for resolving the violations.
- In the case of a zoning violation, an abatement notice as required under the City of Alabaster, Alabama Zoning Ordinance 99-010-05-Z-07, shall be given to the violator. This notice may be in the form of a warning letter.
- For violations of the City of Alabaster Code of Ordinances, the Code Enforcement Officer may elect to issue a warning letter if in his or her judgement the violation is a minor first offense that will be corrected in 10 calendar days.
- After the expiration of a reasonable time, 10 days, the Code Enforcement Officer may issue a citation to the violator.
- For violations from repeat offenders or those determined to be "Life/Safety" issues in the opinion of the Code Enforcement Officer may issue a citation as the initial communication, however a Zoning violation shall require an abatement notice as described above regardless.
- After issuance of a citation, the Code Enforcement Officer will adhere to the following process for handling citations:
- The Code Enforcement Officer shall appear before the magistrate within 48 hours, when possible, but in no case longer than 72 hours.
- The Code Enforcement Officer will follow the procedure for institution of the charge(s) as prescribed by law.
- A signed sworn copy of the complaint shall be retained by the Code Enforcement Officer to indicate the complaint was transmitted to the court. (This requires the complaints be printed in a three-part form to allow the original, the "defendant" copy, and the issuing official's copy.)
- The Code Enforcement Officer shall appear on the court date as required for disposition of the use.
- As the citation states under the "Court Appearance Information," a Failure To Appear letter shall be sent to the violator. If the violator fails to respond to the Failure To Appear letter, then a warrant shall be issued for the violator by the magistrate.
- The Code Enforcement Officer, who has issued the citation or sworn out the warrant, shall forward to the prosecutor: A copy of the citation, a copy of the code highlighting the section of the code allegedly violated, and documentation of warnings and / or other pertinent information from the case file. All of this shall be done in a timely manner before the assigned court date.