Chapter 19.19
VIOLATIONS
Sections:
19.19.020 Notification of violation.
19.19.030 Compliance procedure.
19.19.010 Penalty.
Any person violating any of the provisions of this regulation shall be punishable, upon conviction, by a fine of not more than $500.00 for a noncontinuing offense and a fine of not more than $1,000 for a continuing offense. [Ord. 85-1 § 15.237.]
19.19.020 Notification of violation.
Upon determination of an alleged violation, the Planning Director or his assistants shall notify the property owner. Initial correspondence with the property owner shall:
A. Be in written form and shall be composed in such a manner that no accusations are made;
B. Cite the alleged violation, the section of the ordinance which may be violated, and the remedies which are available to correct the problem;
C. Offer the assistance of the Planning Director or his assistants to work with the property owner to correct a problem. Such correspondence shall state all options available to the land owner and which options are most likely to meet with approval. Correspondence shall specify a period of time, not more than 30 days, to abate the alleged violation. Any extension of time beyond this period shall be granted in writing by the Planning Director or his assistants, with the signature of the property owner. [Ord. 85-1 § 15.238.]
19.19.030 Compliance procedure.
A. If the Planning Director has reasonable cause to believe a violation of this title exists, a site inspection may be conducted on the property by the Planning Director or his assistants with the con-sent of the property owner. If the property owner refuses access to the property, the Director shall document such refusal and utilize other available legal remedies to gain access to said property.
B. If an alleged violation is not abated within the period authorized by the original notification, the Planning Director or his assistants shall attempt to document the violation with photographs and appropriate field notations. Departmental files shall contain a recording of the time, date and location of any photographs pertaining to the alleged violation, together with the names of any witnesses who, in addition to the enforcement officer, viewed the alleged violation.
C. Prior to submission of the alleged violation for legal remedy, the Planning Director or his assistants shall attempt to recontact the property owner, explain the standards of the ordinance, and seek to obtain voluntary compliance with the law. If an extension of time is necessary, such extension shall be agreed to in writing and shall be limited to no more than 30 days, or a compliance schedule with intermediate program check-ups.
D. If the property owner does not respond to notifications of violation, the Planning Director shall prepare documentation of the alleged violation for submission for appropriate legal remedy. Prior to submission of the violation the Director shall send a certified letter containing the following:
1. Citation of previous compliance request, extensions of time, or commitments;
2. Description of alleged violations and necessary corrective actions; and
3. Indication of a time limit of 15 days to comply with the ordinance and a statement that if the alleged violation is not corrected within the time limit, formal legal action will begin without further notice.
E. The Planning Director or his assistants shall continue to offer to meet with the property owner to discuss any alleged violation and to secure a possible solution other than a court proceeding. Formal correspondence shall include a copy of the applicable sections of the County ordinance and copies of all previous correspondence and agreements related to the matter. [Ord. 85-1 § 15.239.]
19.19.040 Legal action.
Upon determination that voluntary compliance cannot be obtained, the Planning Director shall submit all evidence and documentation of the alleged violation to the District Attorney’s Office for prosecution or to the Board of County Commissioners for civil remedy. [Ord. 85-1 § 15.240.]
19.19.050 Other remedies.
In addition to penalties provided by ORS 203.065, the Board of County Commissioners may utilize such remedies for violations of this title as are authorized by ORS 215.185. [Ord. 85-1 § 15.241.]