Chapter 1.7
ENFORCEMENT
Sections:
1.7.100 Provisions of this code declared to be minimum requirements.
1.7.200 Violation of code prohibited.
1.7.400 Complaints regarding violations.
1.7.500 Inspection and right of entry.
1.7.600 Abatement of violations.
1.7.100 Provisions of this code declared to be minimum requirements.
A. Minimum Requirements Intended. In their interpretation and application, the provisions of this code shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare.
B. Most Restrictive Requirements Apply. When the requirements of this code vary from other provisions of this code or from other applicable standards, the most restrictive or that imposing the highest standard shall govern. (Ord. 08-06 § 3, 2008)
1.7.200 Violation of code prohibited.
No person shall erect, construct, alter, demolish, maintain or use any building or structure or shall use, divide or transfer any land in violation of this code, permits, approvals, code standards, applicable conditions of approval, other regulations, or any amendment thereto. (Ord. 08-06 § 3, 2008)
1.7.300 Penalty.
In addition to any other remedies set forth in the Silverton Municipal Code, the general penalties and procedures set forth in SMC 1.08.010 apply to any and all violations of this development code. The city may, at its option, elect to pursue such procedure in lieu of or in addition to any other remedy previously set. Violation of any condition or requirement of any land use approval constitutes a civil infraction when such violation does not, in and of itself, constitute a separate violation of the Silverton Municipal Code. (Ord. 08-06 § 3, 2008)
1.7.400 Complaints regarding violations.
All reports or complaints of infractions covered by this article shall be made or referred to an authorized building official and/or code enforcement officer. (Ord. 08-06 § 3, 2008)
1.7.500 Inspection and right of entry.
The purpose of inspections shall be to determine whether there is compliance with the laws, rules, and regulations which are designed for the protection of the health, safety, and welfare of the public. The community development director or his/her designee may make periodic and routine inspections of properties and premises within the corporate limits of the city of Silverton. The director is also empowered to make such inspections in response to exigent circumstances that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to prevent physical harm or to otherwise address public health, safety and welfare conditions or noncompliance with such rules, conditions, requirements, regulations, and laws.
In the event that any authorized officer or employee of the city of Silverton shall be denied access to any property or premises for the purposes of making an inspection provided for in this title, then such officer or employee shall not inspect such premises unless and until he has obtained from the municipal judge of the city of Silverton a search warrant for the inspection of such premises.
A. Search Warrant for Inspections. A search warrant for inspections can only be issued under the terms of this title when an affidavit has been filed with the city’s municipal court showing probable cause for the inspection by stating:
1. The purpose and extent of the proposed inspection;
2. The ordinance or ordinances which form the basis for the inspection; and
3. Whether it is a routine or periodic inspection, an inspection initiated by complaint, other specific or general information, or observation concerning the property or premises or the area in which it is situated. It shall be unlawful for any person, firm, or corporation to hinder, delay, or obstruct the inspection of premises based on a search warrant issued under the terms of this title.
B. Emergency Inspection without Search Warrant. Nothing within the Silverton development code shall be construed as prohibiting an inspection or investigation without a warrant in an emergency situation if immediate inspection is necessary to the protection of the public health or safety and if it would be impractical and represent an increased hazard to seek a warrant under the provisions of subsection (A) of this section. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
1.7.600 Abatement of violations.
The location, erection, construction, demolition, maintenance, repair, alteration or use of a building or other structure in violation of this title shall be deemed a civil infraction and may be enforced as such. (Ord. 08-06 § 3, 2008)