Chapter 1.4 –
Enforcement
Sections:
1.4.100 Provisions of this Code Declared to be Minimum Requirements
1.4.200 Violation of Code Prohibited; Nuisance
1.4.400 Complaints Regarding Violations
1.4.500 Inspection and Right of Entry
1.4.600 Abatement of Violations
1.4.100 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 regulations apply. Where this Code imposes greater restrictions than those imposed or required by other rules or regulations, or where there is an internal conflict within this Code, the most restrictive or that imposing the higher standard shall govern; however, if the conflict is with Special Provisions (Chapter 2.15), the provisions of Chapter 2.15 shall govern. [Ord. 478 § 1 (Exh. A), 2017].
1.4.200 Violation of Code Prohibited; Nuisance
It is unlawful for any person or entity to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any property, building, structure, or building service equipment or cause or permit the same to be done in violation of this Code or any permit or approval issued pursuant to this Code. Any such violation is deemed a nuisance for purposes of Municipal Code Chapter 8.15. [Ord. 478 § 1 (Exh. A), 2017].
1.4.300 Penalties
A. Class C Violation. A violation of this Development Code shall constitute a Class C violation unless noted otherwise, and shall be subject to a fine of up to $500 per violation. Each violation of a separate provision of this Code shall constitute a separate violation, and each day that a violation of this Code is committed or permitted to continue shall constitute a separate violation.
B. Abatement of Violation Required. A finding of a violation of this Code, and/or the payment of any fine imposed, shall not relieve the responsible party of the duty to remedy or abate the violation.
C. Building Permits and Further Approvals. If any property is in violation of applicable land use regulations, has an active development code or municipal code enforcement violation or is in non-compliance with any conditions of approval or agreements regarding any land use decisions affecting the property, the City shall not approve any application for a land use decision or issue a building permit concerning the property unless:
1. The approval results in the property coming into full compliance with all applicable provisions of the federal, state, or local laws, and Deschutes County Code, including sequencing of permits or other approvals as part of a voluntary compliance agreement
2. The approval is necessary to protect the public health or safety;
3. The approval is for work related to and within a valid easement over, on, or under the affected property unless conditions with the easement are the source of the violation or non-compliance; or
4. The approval is for emergency repairs to make a structure habitable or a road or bridge to bear traffic.
5. Public Health and Safety: For the purposes of this section, public health and safety means the actions authorized by the permit would cause abatement of conditions found to exist on the property that endanger the immediate life, health, personal property, or safety of the residents of the property or the public. Examples of that situation include, but are not limited to issuance of permits to replace faulty electrical wiring, repair or install furnace equipment; roof repairs; replace or repair compromised utility infrastructure for water, sewer, fuel or power.
D. Responsible Party. Any person or entity, regardless of ownership or lawful right of possession of any structure or property, may be a responsible party if their action or failure to act causes a violation of this Code. However, the owner, any other person or entity in possession (a business located on the property shall be presumed to be a possessor), of a structure or property at the time of the violation shall be presumed to be the party responsible for the violation. This presumption of responsibility may be overcome by a preponderance of the evidence showing that the violation was committed by some person other than the owner and/or possessor (and their respective agents, managers, employees, or contractors) and that the owner and/or possessor was not able to control or prevent the violation. The person responsible for property tax payment is considered the owner. If more than one person is responsible, they shall be jointly and severally liable for the violation. Notwithstanding anything herein to the contrary, an owner shall be ultimately responsible for remedying or abating any violation if the responsible party fails to timely cure the violation to City’s satisfaction.
E. Injunctive Relief. The City may seek injunctive relief to compel compliance or prevent any violation of this Code.
F. Remedies Not Exclusive. The penalties imposed, and the remedies available to City, under this section are non-exclusive and may be exercised concurrently or cumulatively. [Ord. 478 § 1 (Exh. A), 2017].
1.4.400 Complaints Regarding Violations
A. Filing written complaint. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a signed, written complaint.
B. File complaint with Community Development Department. Such complaints, stating fully the causes and basis thereof, shall be filed with the Community Development Department. The Community Development Director or designee shall properly record such complaints, investigate and take action thereon as provided by this Code. [Ord. 478 § 1 (Exh. A), 2017].
1.4.500 Inspection and Right of Entry
When necessary to investigate a suspected violation of this Code, or an application for or revocation of any permit or approval under this Code, the Community Development Director may enter on any site or into any structure open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site or structure that is closed to the public shall be entered without the consent of the owner or occupant. No owner or occupant or agent thereof, shall, after reasonable notice and opportunity to comply, refuse to permit entry authorized by this section. If entry is refused, the Community Development Director shall have recourse to the remedies provided by law to secure entry. [Ord. 478 § 1 (Exh. A), 2017].
1.4.600 Abatement of Violations
The responsible party shall promptly remedy or abate any violation of this Code, or any violation of a permit or approval issued or granted under this Code upon written notice form the Community Development Director. If not abated by the responsible party, the City may abate the violation pursuant to the provisions of Municipal Code Chapter 8.15. [Ord. 478 § 1 (Exh. A), 2017].
1.4.700 Stop-Order Hearing
A. Stop order issued. Whenever any activity, work, or use of structures or property violates the provisions of this Code or a condition of any permit or other approval granted pursuant to this Code, the Community Development Director may order such activity, work, or use stopped by notice in writing served on persons and owners associated with such activity, work, or use and/or posted on the site where the violation occurs. Such activity, work, or use shall not resume until the Community Development Director authorizes it to continue.
B. Appeal. Except where the City has initiated an enforcement action with a court of competent jurisdiction, any person aggrieved or otherwise affected by any action of the Community Development Director pursuant to this Chapter 1.4 may file an appeal. Any appeal filed shall comply with the requirements and procedures set forth in Section 4.1.800. The conduct of hearings on appeal shall be as provided in Section 4.1.500. The burden shall be on the appellant to demonstrate that the challenged action is inconsistent with applicable law or not supported by the evidence in the record. An appeal shall not stay a stop order or otherwise disturb the challenged action during the pendency of the appeal. [Ord. 478 § 1 (Exh. A), 2017].
1.4.800 Prosecution
The City and/or the Community Development Director may enforce and prosecute any violation of this Code pursuant to the procedures set forth in Municipal Code Chapter 1.10 or through any other procedures provided by law. [Ord. 478 § 1 (Exh. A), 2017].