Where administrative enforcement fails, the municipality proceeds in court, and the case is proved like any other.
Charging. A complaint or citation identifying the ordinance section, the date and place, and the conduct, with sufficient specificity to permit a defence.
Proof of the ordinance. The court does not take judicial notice of a local ordinance in every jurisdiction. A certified copy, with proof of adoption and publication, may be required — and cases fail on this.
Elements. Each element of the ordinance proved, including jurisdictional facts such as the property’s location within the municipality.
Witnesses. The inspector who observed the condition, with contemporaneous notes, photographs with dates, and the file showing notice and the opportunity to comply.
Notice. Proof of service in the manner the ordinance requires, since most enforcement provisions condition liability on notice and a cure period.
Defences. Vagueness, selective enforcement, preemption, nonconforming use status, and failure to follow the ordinance’s own procedure.
Remedies. Fines, costs, an order to abate with continuing penalties, and authorisation for the municipality to abate at the owner’s expense with the cost assessed against the property.