Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.020 Definitions and rules of construction.
1.05.030 Acts of substitute officers.
1.05.040 Service and proof of notice.
1.05.050 Uniform appeal and hearing procedure.
1.05.070 Continuation of existing ordinances.
1.05.080 Effect of repeal of ordinances.
1.05.090 Severability of parts of code.
1.05.100 Catchlines of sections.
1.05.110 Amendment and repeal of code sections.
1.05.130 Property liens for municipal services.
1.05.010 Code designated.
All ordinances included in this and the following titles shall constitute and be designated “The Cornelius Municipal Code” and will hereafter be referred to as “code.” [Code 2000 § 1.005.]
1.05.020 Definitions and rules of construction.
The following definitions and rules of construction shall be observed, unless inconsistent with the intent of the council or the context clearly requires otherwise.
(1) “City” means the city of Cornelius, Oregon.
(2) Computation of Time. The time within which an act is to be done, including the giving of advance notice of a general or special election of the city, is computed by excluding the first day and including the last, unless the last falls on a legal holiday as defined in ORS 187.010 or 187.020 or on Sunday, in which case the last day is also excluded.
(3) “Council” means the city council of the city of Cornelius.
(4) “County” means Washington County, Oregon.
(5) “Day” means the period of time between any midnight and the midnight following.
(6) Daytime; Nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
(7) Department; Board; Commission; Office; Officer or Employee. A department, board, commission, office, officer or employee of the city.
(8) “Gender” means the masculine gender includes the feminine and neuter, and the feminine includes the masculine and neuter.
(9) “In the city” means all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its regulatory powers.
(10) Joint Authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
(11) “Law” means applicable federal law, the constitution and statutes of the state of Oregon, the code and ordinances of the city and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
(12) “Manager” means the city manager.
(13) “Minor” means a person under the age of 18 years, unless otherwise stated.
(14) “Month” means a calendar month, except where otherwise provided.
(15) Number. The singular number includes the plural, and the plural, the singular.
(16) “Oath” includes affirmation.
(17) Official Time. Whenever certain hours are named herein, they shall mean the standard of time as set out in ORS 187.110.
(18) Or; And. “Or” may be read “and” and “and” may be read “or,” if the sense requires it.
(19) “ORS” means Oregon Revised Statutes.
(20) “Owner” means a part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of the building or land, or vendee in possession under a land sale contract.
(21) “Peace officer” means a city police officer or other officer specified in ORS 133.170.
(22) “Person” means individual, corporation, association, firm, partnership, joint stock company, and similar entities.
(23) “Personal property” means every species of property, except real property, as herein defined.
(24) “Preceding” and “following” mean next before and next after, respectively.
(25) “Process” means a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
(26) “Property” means both real and personal property.
(27) “Real property” means lands, tenements and hereditaments.
(28) “Recorder” means the city recorder.
(29) Shall; May. “Shall” is mandatory, and “may” is permissive.
(30) Signature or Subscription by Mark. “Signature” or “subscription” includes “mark” when the signer or subscriber cannot write, the signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
(31) “State” means the state of Oregon.
(32) “Tenant” or “occupant” means a person holding a written or an oral lease of, or who occupies, the whole or a part of the building or land, either alone or with others.
(33) Tenses. The present tense includes the past and future tenses, and the future includes the present.
(34) “To” means “to and including” when used in reference to a series of sections of this code or when reference is made to the Oregon Revised Statutes.
(35) “Week” means seven consecutive days.
(36) “Writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.
(37) “Year” means a calendar year, except where otherwise provided. [Code 2000 § 1.010.]
1.05.030 Acts of substitute officers.
Unless this code provides to the contrary, the manager and city department heads, or their authorized representatives or deputies, may exercise any power granted by this code to the manager or department head. The manager and department heads remain responsible for the performance of acts. [Code 2000 § 1.015.]
1.05.040 Service and proof of notice.
(A) Except when this code provides a specific procedure for giving notice, whenever oral or written notice is required by this code, the notice may be given either by personal delivery to the person to be notified or by deposit in an official mailbox in a sealed, postage-prepaid envelope, addressed to the last known business or residence address of the person to be notified. The time when the notice is deposited in a mailbox is considered to be the time when the notice is given.
(B) Proof of giving notice may be made by the certificate of any officer or employee of the city or by affidavit of any person 18 years of age or older. [Code 2000 § 1.020.]
1.05.050 Uniform appeal and hearing procedure.
In this section, the word “appellant” means a person appealing from an administrative decision. Except as otherwise provided in this code, a person who is authorized to appeal from an administrative decision under this code shall follow the procedure stated in this section.
(A) Within 10 days after the day on which he is notified of the administrative decision from which appeal is requested, the appellant shall file with the recorder a written notice of appeal, together with a written statement listing the reason for requesting the reversal, revocation or modification of the decision.
(B) If the council is to hear the appeal or if an authorized appellate board has a regularly scheduled meeting time, it shall hear the appeal at the next regularly scheduled meeting of the body; provided, that the recorder receives the notice and statement of appeal at least six days prior to the meeting.
(C) If an appellate board which does not hold a regularly scheduled meeting is to hear the appeal, it shall hold a hearing on the matter within 10 days after the recorder receives the notice and statement of appeal.
(D) The recorder shall notify the appellant of the time and place of the hearing and shall notify other persons who have an interest in the subject matter of the hearing.
(E) At the hearing, the appellant or other person may present witnesses and offer evidence in support of their case and, in the discretion of the council or appellate board, evidence may be heard to sustain the administrative decision.
(F) The council or appellate board shall make written findings, recommendations or orders on any matter heard by it, and the recorder shall send a copy thereof to the appellant. When the matter is heard by an appellate board, the appellant may further appeal to the council by following the procedure established in this section.
(G) The council may review the official action of a city official, city employee, city board, city commission or other official city body. A person requesting such council review shall follow the procedure established in this section, unless this code provides a special appeal procedure applicable to such an appeal. [Code 2000 § 1.025.]
1.05.060 Construction.
The provisions of this code and all proceedings under it are to be construed with a view to effect its objectives and to promote justice. [Code 2000 § 1.030.]
1.05.070 Continuation of existing ordinances.
The provisions appearing in this code, so far as they are the same as those of ordinances or prior code sections existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. [Code 2000 § 1.035.]
1.05.080 Effect of repeal of ordinances.
The repeal of an ordinance shall not revive an ordinance in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect a punishment or penalty incurred before the repeal took effect, nor a suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the repealed ordinance. [Code 2000 § 1.040.]
1.05.090 Severability of parts of code.
It is hereby declared to be the intention of the council that the sections, subsections, paragraphs, provisions, clauses, phrases and words of this code are severable; and if any section, subsection, paragraph, provision, clause, phrase or word of this code is adjudged or declared by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect the validity of the remaining portions of this code; and it is hereby expressly declared that every other section, subsection, paragraph, provision, clause, phrase or word of this code enacted, irrespective of the enactment or validity of the portion hereof declared to be unconstitutional or invalid, is valid. [Code 2000 § 1.045.]
1.05.100 Catchlines of sections.
The catchlines of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed to be a part of the section; nor, unless expressly so provided, shall they be so deemed when sections, including the catchlines, are amended or reenacted. [Code 2000 § 1.050.]
1.05.110 Amendment and repeal of code sections.
This code is the general and permanent law of the city. The council may enact three types of general ordinances to affect this code. Such ordinances may (A) amend existing provisions; (B) add new provisions; or (C) repeal existing provisions. A general ordinance shall specifically amend or repeal a particular section of this code, and a general ordinance creating a new code section shall integrate the new section into the numbering system and organization of this code. [Code 2000 § 1.055.]
1.05.120 General penalties.
(A) Any person violating the provisions or failing to comply with any of the mandatory requirements of this code, except in cases where a different punishment is prescribed by this code, shall be punished by a fine of not more than $500.00.
(B) Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the code is committed, continued, or permitted by any such person. [Ord. 745 § 2, 1994; Code 2000 § 1.060.]
1.05.130 Property liens for municipal services.
(A) In the event the city provides services or benefits to property which property (or its owner and/or occupant thereof) uses or otherwise may make some benefit of, the city shall have the right, in addition to any other right or remedy lawfully available to it, to assess said property for the costs of said services and make said assessment a lien thereon. The assessment shall be recorded in the docket of city liens which docket shall be a public record; from the date of entry of said assessment, the sum entered is a lien upon the land against which it is entered. These assessment liens shall have priority over all other liens and encumbrances except as may otherwise be provided by state statute and shall accrue interest at the legal interest rate.
(B) Before any charge may be made an assessment lien under the terms of this section, the city recorder shall cause written notice of the proposed assessment to be mailed or given to the owner of the property as said ownership is shown in the Washington County tax records. Notice shall be sent or given not less than 30 days prior to recordation in the city lien docket. If the notice is mailed, it shall be certified, return receipt requested. Failure of an owner to receive actual notice of the proposed assessment shall not in any way affect the validity of the underlying charge or the lien resulting therefrom.
(C) If the owner wishes to challenge the validity or amount of the proposed assessment, they may do so by filing a written objection with the city council setting out with particularity the basis for the objection. The objection must be received by the city not more than 20 days after the date of the notice referred to in subsection (B) of this section, unless the council waives said timing requirement for good cause shown. The council will then cause the objection to be scheduled for a hearing at which time the owner may present such evidence as he/she deems necessary to show, by a preponderance of the evidence, that the amount or validity of the assessment is in error. The council shall then adjust the assessment to the extent necessary and direct the city recorder to record the corrected assessment in the city lien docket. While an objection is pending before council, no assessment shall be made a lien on the city’s lien docket. [Ord. 802 § 1, 2000; Code 2000 § 1.070.]
1.05.140 Attorneys’ fees.
In the event the city brings an action in either law or equity in any of the courts of this state (including U.S. District Court for the District of Oregon) other than its municipal court for the enforcement of its ordinances, resolutions or any right(s) afforded it by its charter, state statute, or city laws, the city shall be entitled to the award of its reasonable attorneys’ fees in the event it is the prevailing party. [Ord. 833 § 1, 2002; Code 2000 § 1.080.]