Chapter 1.15
VIOLATION PROCEDURES
Sections:
1.15.010 Reports of violations.
1.15.020 Review of reports – Sufficiency of evidence.
1.15.040 Time to remedy violation after warning.
1.15.050 Immediate remedial action required when.
1.15.060 Remedial action by city – Costs.
1.15.080 Warning – Computation of time period.
1.15.090 Failure to respond to warning.
1.15.110 Voluntary compliance agreement.
1.15.120 Uniform violation summons and citation.
1.15.150 Use of other complaint forms.
1.15.160 Summons issuance – Required information.
1.15.170 Alleged violation – Required information.
1.15.010 Reports of violations.
All reports of complaints of violations covered by Chapters 1.10 through 1.25 CMC shall be made to the code enforcement officer within the department responsible for administering the section of the code alleged to have been violated. [Ord. 745 § 1, 1994; Code 2000 § 1.150.]
1.15.020 Review of reports – Sufficiency of evidence.
(A) Statement of Facts. When an alleged violation is reported to the code enforcement officer, the code enforcement officer may prepare a statement of the facts and may review the facts and circumstances surrounding the alleged violation.
(B) Sufficiency of Evidence. The code enforcement officer shall not proceed further with the matter if the officer determines that there is not sufficient evidence to support the allegation, or if the department head determines that it is not in the best interest of the city to proceed. [Ord. 745 § 1, 1994; Code 2000 § 1.155.]
1.15.030 Warning.
Warning of the alleged violation may be given to the defendant before a uniform violation summons and complaint is issued. It is not a prerequisite to the issuance of the summons and complaint, and the giving of notice is at the sole discretion of the code enforcement officer. [Ord. 745 § 1, 1994; Code 2000 § 1.160.]
1.15.040 Time to remedy violation after warning.
If a warning is given, the code enforcement officer shall give the defendant a reasonable time to cure or remedy the alleged violation. The time allowed shall not be less than seven days, nor more than 30 days. Where there is an extreme hardship, as determined by the code enforcement officer, the officer may grant additional time to the defendant. [Ord. 745 § 1, 1994; Code 2000 § 1.165.]
1.15.050 Immediate remedial action required when.
Notwithstanding the remedial time period contained in CMC 1.15.040, if the code enforcement officer determines that the alleged violation presents an immediate danger to the public health, safety, or welfare, the officer may require immediate remedial action pursuant to CMC 8.10.160. [Ord. 745 § 1, 1994; Code 2000 § 1.170.]
1.15.060 Remedial action by city – Costs.
(A) Search Procedures.
(1) The code enforcement officer is authorized at all reasonable times to enter upon private property and examine any possible code enforcement violation. However, before entering upon private property, the officer shall obtain the consent of an occupant or a warrant of the municipal court authorizing entry for the purpose of inspection.
(2) No search warrant shall be issued under the terms of this code until an affidavit has been filed with the municipal court, showing probable cause for the inspection, by stating the purpose and extent of the proposed inspection, citing this code as the basis for the inspection, whether it is an inspection instituted by complaint, or other specific or general information concerning the code enforcement violation in question or the property on which it is situated.
(3) No person shall interfere with or attempt to prevent the code enforcement officer from entering upon private premises and inspecting any property when the officer exhibits a warrant authorizing entry.
(B) If the defendant fails or refuses to remedy the violation and the city incurs costs in remedying the violation, the city recorder/treasurer shall keep an accurate record of the costs incurred by the city. The city recorder/treasurer shall notify the defendant by certified mail, return receipt requested, of these costs and advise the defendant that the costs will be assessed to and become a lien against the defendant’s property, if not paid within 30 days of the notice, and shall further notify the defendant that the defendant is entitled to a hearing to contest the amount of the costs to be assessed.
(C) The defendant shall be entitled to request that the code enforcement officer schedule a hearing to consider the amount of the costs assessed to remedy the alleged violation. That hearing shall be conducted pursuant to the procedures established in Chapters 1.20 through 1.25 CMC.
(D) If the remedial costs are not paid, the finance director shall follow the procedures set forth for lien filing and docketing as contained in CMC 1.25.030. [Ord. 745 § 1, 1994; Code 2000 § 1.175.]
1.15.070 Warning methods.
(A) A warning of the alleged violation may be given to the defendant in person by the code enforcement officer.
(B) Warning of the alleged violation may be by a telephone call to the defendant. If a warning is given in this manner, the defendant shall also be provided with a warning of violation by first class mail sent to his last known address as soon as possible after the initial notice by telephone.
(C) A warning of the alleged violation may be given by mailing to the defendant at his last known address a warning of violation by registered mail, return receipt requested. [Ord. 745 § 1, 1994; Code 2000 § 1.180.]
1.15.080 Warning – Computation of time period.
(A) Where the warning of violation is delivered in person, the time period shall begin to run immediately upon such delivery.
(B) Where the warning of violation is mailed to the defendant, for the purposes of computing any time period prescribed by this title, notice shall be considered complete three days after such mailing, if the address to which it is mailed is within the state, and seven days after mailing, if the address to which it is mailed is outside the state. [Ord. 745 § 1, 1994; Code 2000 § 1.185.]
1.15.090 Failure to respond to warning.
When the defendant either receives or rejects the warning of violation and fails to remedy or cure the alleged violation within the time specified in the warning, the code enforcement officer may serve the defendant with a uniform citation. [Ord. 745 § 1, 1994; Code 2000 § 1.190.]
1.15.100 Informal conference.
At the city’s discretion an informal conference may be held to allow for the resolution of the code violation without resort to a formal court proceeding. In the presence of a conference mediator, to be appointed by the city manager, the facts and proposed solutions will be discussed. If an agreement is reached a written voluntary compliance agreement will be entered into and will be binding. If all the terms of the agreement are satisfied, the city will take no further action concerning the violation. [Ord. 745 § 1, 1994; Code 2000 § 1.191.]
1.15.110 Voluntary compliance agreement.
(A) Effect of Agreement.
(1) The code enforcement officer may enter into a written voluntary compliance agreement with the defendant. The agreement shall include time limits for compliance and shall be binding on the defendant.
(2) The fact that a person alleged to have committed a violation enters into a voluntary compliance agreement shall not be considered an admission of having committed the violation for any purpose.
(3) The city shall abate further processing of the alleged violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The city shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the waiver.
(B) Failure to Comply with Agreement. The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this code, except no further notice after the voluntary compliance agreement has been signed need be given before the city may also proceed on the alleged violation that gave rise to the voluntary compliance agreement. [Ord. 745 § 1, 1994; Code 2000 § 1.195.]
1.15.120 Uniform violation summons and citation.
(A) Service of the uniform summons and citation may be by personal service on the defendant or an agent of the defendant authorized to receive process; by substitute service at the defendant’s dwelling or office; or by registered mail, return receipt requested, to the defendant at his last known address. In the event of substitute service at the defendant’s dwelling, the person served must be at least 18 years of age and residing in the defendant’s place of abode. Service at the defendant’s office must be made during regular business hours to the person who is apparently in charge. If substitute service is used, a true copy of the summons and complaint, together with a statement of the date, time, and place at which service was made, must be mailed to the defendant at the defendant’s last known address. Service will be considered complete upon such a mailing. Service by any other method reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the violation and to afford a reasonable opportunity to respond shall be acceptable.
(B) Service on particular defendants, such as minors, incapacitated persons, corporations, limited partnerships, the state of Oregon, other public bodies, and general partnerships, shall be as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Procedure.
(C) No default shall be entered against any defendant without proof that the defendant had notice of the uniform violation summons and complaint. Either a sworn affidavit of the code enforcement officer outlining the method of service, including the date, time, and place of service a return receipt of registered mailing which indicates delivery of the summons and complaint to defendant’s last known address or a registered letter returned as “unclaimed” which indicates attempt of the same, shall create a rebuttable presumption that the defendant had such notice. [Ord. 745 § 1, 1994; Code 2000 § 1.200.]
1.15.130 Use of citation.
A citation conforming to the requirements of Chapters 1.10 through 1.25 CMC may be used by employees of the following departments: the fire department, the police department, the library department, the public works department, the building department, the planning department and the administration department, for violations of city ordinances. [Ord. 745 § 1, 1994; Code 2000 § 1.205; amended during 2007 recodification.]
1.15.140 Contents.
(A) Citation used shall consist of at least three parts: the complaint, record, and the summons. Additional parts may be inserted for administrative purposes by departments charged with the enforcement of the ordinances. The form shall contain the following information or blanks in which such information may be entered:
(1) The name of the court and the court’s docket or file number;
(2) The name of the person or persons cited;
(3) The offense charged, the time and place, the date on which the citation was issued, the name of the complainant, and, in the case of zoning violations, the designation of the zone in which the violation occurred;
(4) The hour and date when the person cited is to appear in court;
(5) The bail, if any, fixed for the offense.
(B) The form may also contain such identifying and additional information as may be necessary or appropriate for administrative departments of the city. In the case of an appropriate violation, it may include an indication of whether a written warning was previously issued to defendant for the same violation if it is a continuing one.
(C) The complaint shall contain a form of verification by the complainant to the effect that he swears that he has reasonable grounds to believe, and does believe, that the person committed the offense contrary to this code. [Ord. 745 § 1, 1994; Code 2000 § 1.210.]
1.15.150 Use of other complaint forms.
Nothing in Chapters 1.10 through 1.25 CMC shall be construed to prevent the use of a complaint charging a violation of ordinance in a form or manner otherwise prescribed by law for criminal complaints; further, as provided by law, two or more persons may be charged jointly on such a complaint. [Ord. 745 § 1, 1994; Code 2000 § 1.215.]
1.15.160 Summons issuance – Required information.
A summons issued pursuant to Chapters 1.10 through 1.25 CMC is sufficient if it contains the following information:
(A) The name of the court, the name of the person or persons cited, the date on which the citation was issued, the name of the complainant, the time at which the person cited is to appear in court;
(B) A statement or designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so and the date and place of offense alleged to have occurred;
(C) The amount of bail, if any, fixed for the offense. [Ord. 745 § 1, 1994; Code 2000 § 1.220.]
1.15.170 Alleged violation – Required information.
A complaint of an alleged violation or an offense under Chapters 1.10 through 1.25 CMC is sufficient if it contains the following:
(A) The name of the court, the name of the city in whose name action is brought, and the name of the defendant or defendants;
(B) A statement or designation of offense in such manner as can be readily understood by a person making a reasonable effort to do so and the date and a place of the alleged offense. [Ord. 745 § 1, 1994; Code 2000 § 1.225.]