Chapter 2.70 CODE VIOLATION ENFORCEMENT

Chapter 2.70
CODE VIOLATION ENFORCEMENT

Sections:

2.70.010 Purpose and authority.

A. This chapter establishes a violation procedure for noncriminal violations of the city’s Municipal Code and Development Code. Violations governed by this chapter are those defined as violations under ORS chapter 153.

B. Acts or omissions to act which are processed as violations do not require a culpable mental state as an element of the violation.

C. The city manager, and any other person designated in writing by the city manager, is a code enforcement officer and specifically authorized to issue citations for violations of the Creswell Municipal Code and the Creswell Development Code.

D. Nothing in this chapter shall be construed as limiting the right of the city to seek damages, injunctive or other appropriate relief under Oregon law for the termination of conduct in contravention of the code or ordinances of the city. Nothing herein shall be construed as limiting the rights of the city to pursue its nuisance abatement procedure or other code enforcement mechanisms as otherwise set out in the city’s Municipal Code, Creswell Development Code, or any other applicable law. [Ord. 505 § 3, 2016].

2.70.020 Violation procedures.

A. A code enforcement officer may sign a complaint against a responsible party once he or she determines that the responsible party committed a violation of the Creswell Municipal Code or Creswell Development Code. Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, and in any administrative enforcement proceeding, the code enforcement officer who issued the citation for the violation may present evidence, examine and cross-examine witnesses, and make arguments on behalf of the city.

B. The complaint and summons shall be served on the responsible party. Service shall be made by one of the following means:

1. Mailing by certified mail return receipt requested and simultaneously by regular mail. Where service by certified mail is not accepted by the responsible party, notice shall be deemed received on the date of attempted delivery.

2. Delivering directly to the person to be served.

3. If the person to be served maintains an office for the conduct of business, office service may be made by leaving a true copy of the summons and complaint at such office during normal working hours with the person who is apparently in charge. Where office service is used, the code enforcement officer, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party’s dwelling house or usual place of abode or the responsible party’s place of business or such other place under the circumstances that is most reasonably calculated to apprise the responsible party of the existence and pendency of the action, together with a statement of the date, time, and place at which office service was made.

4. In any manner provided for service of summons in Rule 7 of the Oregon Rules of Civil Procedure.

C. A complaint, summons, trial before the municipal court, and judgment shall otherwise be governed by the provisions of ORS chapter 153. [Ord. 505 § 3, 2016].