KCC 18.02_Edits_Redline - Laserfiche WebLink

Home Browse Search

Page | 7 18.02.040 Notice of infraction. An authorized official may issue a notice of infraction where that official has probable cause to believe, and does believe, that a violation has occurred or is occurring. 1. Notice of Infraction - Contents. A notice of infraction shall either be: a. A notice of infraction ticket from a ticket book which substantially complies with IRLJ 2.1(b) and is approved by the Administrative Office of the Courts, or b. A notice of infraction form that shall contain the following: i. A statement indicating a determination has been made that the civil infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this Title; ii. A statement of the specific civil infraction(s) alleged to have been committed for which the notice of infraction was issued and a reference to the code section allegedly violated; iii. The date(s) the violation was observed; iv. The Address address or sufficient description of the property at which the violation allegedly occurred; v. A statement that the civil infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction; vi. A statement that a person's failure to respond to a notice of infraction as promised is a misdemeanor and may be punishable by a fine of up to one thousand dollars and/or imprisonment in jail up to ninety days; vii. A list of options provided in this ordinance for responding to the notice of infraction and the procedures necessary to exercise these options; viii. A statement that at any hearing to contest the determination of infraction, the burden is on the county County to establish that the infraction was committed by a preponderance of the evidence and that the person may produce witnesses and subpoena the authorized official who issued and/or served the notice of infraction; ix. A statement that the person alleged to have committed the infraction promises to respond to the Notice of Infraction in a manner consistent with this title, and a space for the alleged violator's signature; x. A statement that refusal to sign the infraction as directed in paragraph (i) of this subsection shall constitute a determination that the person to whom the notice was issued committed the infraction; xi. The amount of the penalty for the alleged infraction; xii. Statement that if the violation is a nuisance and is not corrected, that the County can abate the nuisance and that the infraction penalty, abatement costs, and all associated legal costs and fees can become a lien against the property as well