Chapter 1.10
CODE VIOLATION PROCEDURES
Sections:
1.10.030 Investigation and voluntary compliance agreement.
1.10.040 Issuance of citation and complaint.
1.10.060 Lien filing and docketing.
1.10.070 Remedy not exclusive.
1.10.080 Effect of new or amended ordinance.
1.10.010 Purpose.
1. A procedure is hereby created to handle violations of City ordinances that are not of a criminal nature, and for the purpose of providing a convenient and practical forum for the hearing and determination of cases arising out of said violations.
2. Acts or omissions to act which are processed pursuant to the provisions of this chapter or are designated a violation by any City ordinance do not require a culpable mental state as an element of the violation.
3. This chapter shall be known and referred to as the “code violation procedures ordinance.” [Ord. 811 § 1, 2003.]
1.10.020 Definition of terms.
For the purpose of this chapter, the following definitions will apply:
“Building Official” means that person or persons, appointed by the City and licensed by the Oregon State Building Codes Division to enforce all aspects of the City’s, and by adoption, Oregon State building codes and standards for all of the building and electrical codes adopted in Chapter 15.05 HMC.
“Code enforcement officer” means the City Administrator or person designated by the City Administrator who carries out and enforces the provisions of this chapter and is empowered to issue citations, subpoena witnesses and require the production of relevant documents at hearings before the Municipal Court.
Fine. The penalty to be imposed for a violation is a monetary penalty called a fine. The amount of the fine, unless otherwise stated in a City ordinance or this code, shall be an amount not to exceed $500.00 per day of violation.
“Prior contact” means any contact between a City representative and the responsible party regarding the alleged violation that is made prior to the issuance of a citation, subject to the following:
a. The contact shall be in any form reasonably expected to put the responsible party on notice of a need to comply with the involved ordinance or code section, and may include:
(1) A phone call;
(2) Other oral communication;
(3) A letter or other written communication, including electronic communications; and
(4) A prior citation for the same or a similar violation.
b. The contact shall occur within the two years preceding a violation for which a citation is being issued.
c. The contact shall include the following information:
(1) A description of what the City representative has determined to be a violation;
(2) A statement that it appears the person is a responsible party;
(3) A statement of the action required to remedy or cure the violation, and the date by which the remedy must begin or be completed; and
(4) A statement that failure to remedy or cure the violation within the time allowed may result in the issuance of a citation and complaint.
“Responsible party” means the person responsible for committing or remedying a violation and includes:
a. The owner of the property or the owner’s manager or agent or other person in control of the property on behalf of the owner;
b. The person occupying the property including bailee, lessee, tenant or other person having possession; or
c. The person who is alleged to have committed or authorized the commission of the violation.
“Violation” means the commission of an act, or omission to act, in a manner that results in a breach or infringement of a section of a City ordinance or of this code, and where incarceration is not a possible result of such a breach or infringement. [Ord. 978 § 1 (Exh. A), 2020; Ord. 811 § 2, 2003.]
1.10.030 Investigation and voluntary compliance agreement.
1. Review of Facts. When a City representative has reason to believe a violation has occurred, there shall be a review of the facts and circumstances surrounding the alleged violation. If a determination is made that sufficient evidence does not exist to support the allegation that a violation has occurred, or if it is deemed in the best interests of the City, a determination may be made to not proceed with the matter.
2. Prior Contact.
a. Prior contact may be made with a responsible party before a citation is issued in the following situations:
(1) The violation has occurred on public property;
(2) The violation has occurred on property not owned or under the control of a responsible party;
(3) The violation is related to a regulated activity for which the City has issued or requires a permit, license, agreement, land use decision, or other written directive; or
(4) The violation has resulted in a situation creating a hazard to persons or property and the responsible party knew, or should have known, of the hazard but has failed to resolve the problem.
b. A reasonable and diligent effort shall be made to make prior contact with a responsible party in all other situations.
3. Violations of a Continuing Nature. When a violation is of a continuing nature, except where specifically provided otherwise, a separate violation will be deemed to occur on each calendar day the violation continues to exist. A separate citation may be filed for each such violation, or a citation may indicate that it is for a continuing violation, and therefore multiple violations, that have occurred.
4. Voluntary Compliance Agreement.
a. When the code enforcement officer considers it advisable, a written agreement resolving the problems giving rise to the complaint may be entered into. The agreement shall be known as a “voluntary compliance agreement” and shall be binding on the parties thereto. The fact that a person alleged to have committed a violation enters into such an agreement shall not be considered an admission of having committed a violation for any purpose.
b. During the time allowed in the voluntary compliance agreement, the City shall hold further processing of the alleged violation in abeyance.
c. If all terms of the voluntary compliance agreement are satisfied the City shall take no further action concerning the alleged violation other than those steps necessary to terminate the matter.
d. Failure to comply with the provisions of a voluntary compliance agreement shall constitute a separate violation, and the City may separately proceed with processing the alleged violation that resulted in the voluntary compliance agreement. [Ord. 811 § 3, 2003.]
1.10.040 Issuance of citation and complaint.
1. A citation and complaint signed by a City representative may be filed with the Municipal Court charging the responsible party with the violation and setting a date for the responsible party to appear before the Municipal Court to answer said complaint.
2. The complaint and summons shall contain the following information:
a. The name of the court;
b. The name of the person cited;
c. The violation with which the person is charged;
d. The date, time and place the violation is alleged to have occurred or, if the violation is of a continuing nature, the date, time and place the violation was observed by the person signing the complaint;
e. The date on which the citation was issued;
f. The maximum fine for the alleged violation; and
g. The time and place at which the person cited is to appear in court to answer the complaint.
3. The complaint shall contain a form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does so believe, that the person cited committed the violation.
4. The summons shall also contain notice to the person cited that a complaint will be filed in the Municipal Court of the City. [Ord. 811 § 4, 2003.]
1.10.050 Service.
1. Service on individuals shall be made by the code enforcement officer or any authorized agent of the City by personal service, by service by mail (mailing true copies of the citation and complaint to the individual at the last known address by first class mail and any of the following: certified, registered or express mail, return receipt requested), or by any other method permitted for service and filing of civil summons under the Oregon Rules of Civil Procedure.
2. Service on a minor, incapacitated person, corporation, limited partnership, general partnership, the State, other public body, and other entities shall be made as provided by State law.
3. Defects in service shall not be a defense to the underlying violation, if the individual has actual knowledge prior to the date of appearance set out in the citation and complaint. [Ord. 932 § 1 (Exh. A), 2015; Ord. 811 § 5, 2003.]
1.10.060 Lien filing and docketing.
1. When a judgment is given in Municipal Court in favor of the City for the sum of $20.00 or more, exclusive of costs or disbursements, a City representative may, at any time thereafter while the judgment is enforceable, file with the City’s Finance Officer a certified transcript of all those entries made in the docket of the Municipal Court with respect to the action in which the judgment was entered.
2. Thereupon, the Finance Officer shall enter the judgment of the Municipal Court on the City lien docket.
3. From the time of the entry of the Municipal Court judgment in the City lien docket, the judgment shall be a lien upon the real property of the person against whom judgment was entered in the Municipal Court. Except as provided in subsection (4) of this section, entry of the Municipal Court judgment in the City lien docket shall not thereby extend the lien of the judgment more than 10 years from the original entry of the judgment in the Municipal Court.
4. Whenever a judgment of the Municipal Court which has been entered pursuant to this section is renewed by the Municipal Court, the lien established by subsection (3) of this section is automatically extended 10 years from the date of the renewal order.
5. The Finance Officer may file the transcript of the judgment with the county clerk for entry in the judgment docket of the circuit court. [Ord. 811 § 6, 2003.]
1.10.070 Remedy not exclusive.
The rights, remedies and penalties provided herein are cumulative and not mutually exclusive, being in addition to any other rights, remedies and penalties available to the City under any other ordinance or law, including the ability to abate ordinance violations and to recover, in a manner prescribed by law, any expense incurred by it in abating or removing ordinance violations pursuant to any ordinance. [Ord. 811 § 7, 2003.]
1.10.080 Effect of new or amended ordinance.
Citations or complaints issued and filed with the court shall be processed in accordance with the ordinance in existence at the time of the alleged violation. [Ord. 811 § 8, 2003.]