Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adopting the Fairview Municipal Code.
1.01.020 Code provisions as law.
1.01.030 Effective date of code.
1.01.040 General savings provision.
1.01.050 Continuity of existing provisions.
1.01.060 Designations and references.
1.01.070 Reference to specific ordinances.
1.01.090 Violations – Penalty.
1.01.110 Interest on monies owed city.
1.01.010 Adopting the Fairview Municipal Code.
A. The provisions of the document marked and designated as “Fairview Municipal Code” (hereinafter referred to as “code”), and marked as Exhibit “A”, are hereby enacted as the general and permanent law of the city of Fairview.
B. All general ordinances of the city through Ordinance No. 14-1997 are hereby repealed, with the exception of the following ordinances in terms of subject and all their amendments thereto:
Annexations
Ordinance Nos. 08-1970, 05-1970, 02-1970, 01-1970, 02-1967, 11-1966, 9-1966, 04-1965, 03-1965, 02-1965, 01-1965, 09-1961, 08-1961, 07-1961, 06-1961, 04-1961, 03-1961, 02-1961, 04-1960, 01-1957, 04-1956, 02-1955, 01-1955
Contracts
Ordinance No. 01-1978
Revenue Sharing Program
Ordinance No. 01-1997
Zoning Map Amendments
Ordinance Nos. 08-1997, 07-1997, 05-1997, 04-1997, 03-1997, 10-1996, 06-1996, 05-1996, 02-1995, 15-1993, 10-1993, 04-1992, 10-1991, 06-1991, 18-1990, 18-1989, 17-1989, 13-1989, 11-1989, 9-1989
Comprehensive Plan Amendments
Ordinance Nos. 02-1995, 08-1994, 05-1991, 04-1991, 19-1989, 12-1989, 10-1989, 3-1987, 16-1986, 01-1983, 02-1982, 04-1981, 01-1981, 06-1980
Franchises
Ordinance Nos. 07-1995, 06-1994, 02-1994, 05-1993, 15-1990, 06-1990
Bonds/Assessments/Warrants
Ordinances Nos. 08-1987, 08-1974, 05-1974
Vacations
Ordinance Nos. 11-1996, 03-1996, 14-1993, 07-1991, 03-1991, 14-1990, 11-1987, 03-1979, 01-1977, 06-1970
(Ord. 6-1998 § 1)
1.01.020 Code provisions as law.
The provisions of the code adopted in FMC 1.01.010 are the laws in the city of Fairview and are not merely prima facie evidence of the law. (Ord. 6-1998 § 2)
1.01.030 Effective date of code.
The provisions of this chapter and the code take effect 30 days from the date of adoption of the ordinance codified in this chapter. (Ord. 6-1998 § 3)
1.01.040 General savings provision.
This chapter and the code shall not affect rights and duties that matured, penalties that were incurred and proceedings that were begun before the effective date provided in FMC 1.01.030. (Ord. 6-1998 § 4)
1.01.050 Continuity of existing provisions.
A. The provisions of the code that are the same in substance as code or ordinance provisions that are in effect immediately before this code becomes effective are construed as restatements and continuations of the prior provisions.
B. For purposes of adoption of the code, the members of all city boards, committees, or commissions created under a code or ordinance provision repealed by this chapter shall continue to hold office for the period of time specified in the repealed provision.
C. A person who holds a license, permit, right or privilege granted under a prior ordinance provision repealed by this chapter may continue to operate under and use such license, permit, right of privilege until expiration thereof according to the terms of the ordinance provision under which the license, permit, right or privilege was issued, unless the same is revoked sooner by the city. (Ord. 6-1998 § 5)
1.01.060 Designations and references.
A. In any prosecution for the violation of any provisions of the Fairview Municipal Code, or in any legal proceeding within the purview thereof, it shall be sufficient to refer to the applicable title, chapter, section or subsection of the Fairview Municipal Code, and all such references shall apply to the applicable numbered title, chapter, section or subsection as it appears in the Fairview Municipal Code.
B. Any ordinance adding to, amending, correcting or repealing all or any portion of a section of the code shall refer to and designate the applicable title, chapter, section or subsection of the Fairview Municipal Code, and, whenever reference is made to any portion of the code, the reference shall apply and be applicable to amendments, corrections or additions heretofore or hereafter enacted by the city of Fairview. (Ord. 6-1998 § 6)
1.01.070 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 6-1998 § 7)
1.01.080 Constitutionality.
If any section, subsection, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 6-1998 § 8)
1.01.090 Violations – Penalty.
A. It shall be unlawful for any person or entity to violate any provision or to fail to comply with any requirement imposed by the Fairview City Code. Any person or entity violating any provision or failing to comply with any requirement imposed by this code, unless provision is made specifically otherwise in this code, is subject, upon a determination that such violation or failure has occurred, to a civil penalty of up to $1,000 per day for each day the violation or failure to comply has existed. Any act or omission made unlawful under the city code includes causing, allowing, permitting, aiding, abetting, or concealing such act or omission.
B. Any person, firm, association, or corporation violating any provision of the FMC where the penalty is deemed a Class 1 civil infraction should be subject to:
1. A civil fine of not less than $100.00 and no more than $999.00 for each violation.
C. In establishing the amount of any civil penalty, a court (including the municipal court) should consider any of the following factors that the court deems relevant:
1. The actions taken by the person or entity to mitigate or correct the violation;
2. Whether the violation or the failure to comply is repeated or continuous in nature;
3. The magnitude or gravity of the violation or failure to comply;
4. The cooperativeness of the person or entity with the city;
5. The cost to the city of investigating, correcting, attempting to correct and/or prosecuting the violation or failure; and
6. Any other factor deemed by the court to be relevant. (Ord. 10-2016 § 1 (Exh. A); Ord. 14-1999 § 1)
1.01.100 Attorneys’ fees.
In the event the city elects to enforce the terms of its ordinances or resolutions consistent with ORS 30.315 (1999), a court (including an appellate court) may, in its discretion, award attorneys’ fees to the prevailing party. (Ord. 14-1999 § 1)
1.01.110 Interest on monies owed city.
Unless specifically agreed to otherwise via a duly approved contract or agreement between the city and some third party or unless otherwise specifically set out in another provision of this code, any and all amount(s) due and owing the city of Fairview from and after July 1, 2004, shall accrue interest at the legal rate as the same is set forth in ORS Chapter 82 from the time it becomes due until fully paid. (Ord. 7-2004 § 1)