Chapter 1.25
ENFORCEMENT AND PENALTIES

Sections:

1.25.010    Enforcement – Rules and regulations.

1.25.020    Failure to comply and failure to appear – Penalty.

1.25.030    Lien filing and docketing.

1.25.040    Continuous violations.

1.25.050    Penalty – Payment due when.

1.25.060    Delinquent civil penalties.

1.25.010 Enforcement – Rules and regulations.

The municipal court judge is authorized to promulgate any procedural rules he considers necessary to enforce Chapters 1.10 through 1.25 CMC and to punish for contempt of court. [Ord. 745 § 1, 1994; Code 2000 § 1.300.]

1.25.020 Failure to comply and failure to appear – Penalty.

(A) The failure to comply with the provisions of Chapters 1.10 through 1.25 CMC constitutes a violation.

(B) If any person knowingly fails to comply with an order of the court, the person is in contempt of court.

(C) If any person knowingly fails to appear before the municipal court, pursuant to a citation issued and served under authority of CMC 1.15.120 through 1.15.170, or, pursuant to an order of the court, the person is in contempt of court.

(D) Contempt of court shall be punishable in the same manner prescribed by state law for justice courts. [Ord. 745 § 1, 1994; Code 2000 § 1.305.]

1.25.030 Lien filing and docketing.

(A) When a judgment is rendered by the municipal court judge in favor of the city for the sum of $10.00 or more, exclusive of costs and disbursements, the code enforcement officer shall, at any time thereafter while the judgment is enforceable, file with the city recorder/treasurer a certified transcript of all those entries made in the docket of the hearings officer with respect to the action in which the judgment was entered.

(B) Upon receipt of this transcript, the city recorder/treasurer shall enter the judgment of the hearings officer on the city’s lien docket.

(C) From the time of entry of the judgment on the city’s lien docket, the judgment shall be a lien upon the real property of the person against whom the judgment was entered in the trial. Except as provided in subsection (D) of this section, entry of the judgment in the city’s lien docket shall not thereby extend the lien of the judgment more than 10 years from the original entry of the judgment at the hearing.

(D) Whenever a judgment of the municipal court judge which has been entered pursuant to this subsection is renewed by the judge, the lien established by subsection (C) of this section is automatically extended 10 years from the date of the renewal order.

(E) The city recorder/treasurer shall file the transcript of the judgment with the Washington County clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the judgment. [Ord. 745 § 1, 1994; Code 2000 § 1.310.]

1.25.040 Continuous violations.

When a violation is of a continuous nature, unless otherwise specifically provided, a separate violation shall be deemed to occur on each calendar day the violation continues to exist. [Ord. 745 § 1, 1994; Code 2000 § 1.315.]

1.25.050 Penalty – Payment due when.

Any penalty assessed shall be paid no later than 30 days after the final order. Such period may be extended upon order of the court. [Ord. 745 § 1, 1994; Code 2000 § 1.320.]

1.25.060 Delinquent civil penalties.

Delinquent civil penalties and those imposed by default judgment which were assessed for violations may, in addition to any other method, be collected or enforced pursuant to ORS 30.310. [Ord. 745 § 1, 1994; Code 2000 § 1.325.]