A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer, the City Attorney, an Assistant City Attorney, an animal control officer, or a Fire Department employee with authority to enforce the Uniform Fire Code, upon the accused person, and forthwith, the complaint shall be filed with the Municipal Court, except that a complaint may be filed initially with the Municipal Court, and if so filed, a copy of the complaint shall forthwith be delivered to the City Attorney. The City Attorney shall cause a notice to appear to be issued, unless he or she has good reason to believe that the accused person will not appear in response to a notice to appear, in which case the City Attorney may request that a warrant be issued. Such warrant will be issued if the complaint is positively sworn to and the Municipal Judge has probable cause to believe that (a) there has been the commission of a violation of a municipal ordinance, (b) the accused person committed such violation and (c) the accused person will not appear in response to a notice to appear.

If a City Attorney fails either to cause a notice to appear or to request a warrant to be issued, on a complaint initially filed with the Municipal Court, the Municipal Judge may, upon affidavits filed with him or her alleging the violation of an ordinance, order the City Attorney to institute proceedings against any person. Any such Municipal Judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with the Municipal Judge pro tem appointed by the Municipal Judge to preside therein. (Ord. 20206 § 9, 9-10-19; Ord. 17666 § 19, 3-27-01. Code 1995 § 50-54. Formerly 2.110.170.)