Chapter 1.06
CODE ENFORCEMENT PROCEDURES
Sections:
1.06.040 Remedial action by city – Costs.
1.06.060 Uniform violation summons and citation – Service – Failure to receive – Default.
1.06.090 Summons issuance – Required information.
1.06.100 Alleged violation – Required information.
1.06.110 Appearance of defendant in court.
1.06.120 Hearing request or waiver – Payment of bail.
1.06.130 Civil penalty – General penalty – Assessment of fees.
1.06.150 Enforcement – Rules and regulations.
1.06.160 Failure to comply – Failure to appear – Penalty.
1.06.170 Lien filing and docketing, collection.
1.06.010 Title.
The provisions of this chapter may be cited as the St. Helens “short-form complaint and citation and code enforcement procedure code.” (Ord. 3037 § 3, 2007)
1.06.020 Purpose.
(1) This chapter authorizes the use of a short-form uniform complaint and citation in certain cases by certain city employees and describes the content of the form.
(2) This chapter describes the procedures for use of complainant, court or defendant.
(3) The procedures prescribed by this chapter are not the exclusive procedures for imposing civil penalties. This section shall not be read to prohibit in any way alternative remedies set out in the St. Helens Municipal Code which are intended to abate or alleviate code violations, nor shall the city be prevented from recovering, in any manner prescribed by law, any expense incurred by it in abating or removing ordinance violations pursuant to any code provision. The penalties and civil remedies for violations of this chapter shall be in addition to, not in lieu of, other penalties or remedies established by city ordinance or state or federal law. (Ord. 3037 § 3, 2007)
1.06.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(1) “Code enforcement officer” means any individual or individuals specifically authorized by the city administrator to issue citations for the commission of violations, as specified at SHMC 1.06.070.
(2) “Defendant” means a person charged with a code violation.
(3) “Violation” means a violation of the provisions of the St. Helens Municipal Code and the St. Helens Community Development Code. (Ord. 3037 § 3, 2007)
1.06.040 Remedial action by city – Costs.
(1) In the event that there is an imminent danger to the public health, safety or welfare caused by a violation, the city may, without notice, remedy the violation and charge the remedial costs back to the defendant.
(2) The code enforcement officer shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or to remedy the violation.
(3) The finance director shall keep an accurate record of the costs incurred by the city in remedying the violation. The finance director shall notify the defendant by certified mail, return receipt requested, of these costs and advise the defendant that the costs will be assessed to and become a lien against the defendant’s property, if not paid within 30 days of the notice, and shall further notify the defendant that the defendant is entitled to a hearing to contest the amount of the costs to be assessed.
(4) The defendant shall be entitled to request that the code enforcement officer schedule a hearing to consider the amount of the costs assessed to remedy the alleged violation. That hearing shall be conducted pursuant to the procedures established in SHMC 1.06.110 through 1.06.160.
(5) If the remedial costs are not paid, the finance director shall follow the procedures set forth for lien filing and docketing as contained in SHMC 1.06.170. (Ord. 3037 § 3, 2007)
1.06.050 Warning methods.
(1) A warning of the alleged violation may be given to the defendant in person by the code enforcement officer.
(2) Warning of the alleged violation may be by a telephone call to the defendant. If a warning is given in this manner, the defendant shall also be provided with a warning of violation by first class mail sent to his last known address as soon as possible after the initial notice by telephone.
(3) A warning of the alleged violation may be given by mailing to the defendant at his last known address a warning of violation by registered mail, return receipt requested.
(4) Nothing in this section shall be construed to require a warning notice be given to any defendant prior to issuing a citation or taking any other enforcement or abatement procedure. (Ord. 3037 § 3, 2007)
1.06.060 Uniform violation summons and citation – Service – Failure to receive – Default.
(1) Service of the uniform summons and citation may be by personal service on the defendant or an agent of the defendant authorized to receive process; by substitute service at the defendant’s dwelling or office; or by registered mail, return receipt requested, to the defendant at his last known address. In the event of substitute service at the defendant’s dwelling, the person served must be at least 14 years of age and residing in the defendant’s place of abode. Service at the defendant’s office must be made during regular business hours to the person who is apparently in charge. If substitute service is used, a true copy of the summons and complaint, together with a statement of the date, time and place at which service was made, must be mailed to the defendant at the defendant’s last known address. Service will be considered complete upon such a mailing. Service by any other method reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the violation and to afford a reasonable opportunity to respond shall be acceptable.
(2) Service on particular defendants, such as minors, incapacitated persons, corporations, limited partnerships, the state of Oregon, other public bodies and general partnerships, shall be the same as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Procedure.
(3) No default shall be entered against any defendant without proof that the defendant had notice of the uniform violation summons and complaint. Either a sworn affidavit of the code enforcement officer outlining the method of service, including the date, time and place of service, a return receipt of registered mailing which indicates delivery of the summons and complaint to defendant’s last known address, or a registered letter returned as “unclaimed” which indicates attempt of the same, shall create a rebuttable presumption that the defendant had such notice. (Ord. 3037 § 3, 2007)
1.06.070 Use of citation.
A citation conforming to the requirements of this chapter may be used by code enforcement officers to initiate enforcement action for violations of city ordinances. Nothing in this section shall be construed to prevent the use of a complaint charging a violation of ordinance in a form or manner otherwise prescribed by law for criminal complaints; further, as provided by law, two or more persons may be charged jointly on such a complaint.
Further, nothing in this chapter shall be construed to prevent the filing of a complaint complying in all other respects with the provisions of this chapter and charging a violation of city code occurring in the presence of a citizen. (Ord. 3037 § 3, 2007)
1.06.080 Contents.
(1) Citation used may consist of at least three parts: the complaint, the record and the summons. Additional parts may be inserted for administrative purposes by departments charged with the enforcement of the ordinances. The form may contain the following information or may be blank when such information is not readily available to the code enforcement officer:
(a) The name of the court and the court’s docket or file number;
(b) The name of the person or persons cited;
(c) The offense charged, the time and place, the date on which the citation was issued, the name of the complainant, and, in the case of zoning violations, the designation of the zone in which the violation occurred;
(d) The hour and date when the person cited is to appear in court;
(e) The bail, if any, fixed for the offense.
(2) The form may also contain such identifying and additional information as may be necessary or appropriate for administrative departments of the city. In the case of an appropriate violation, it may include an indication of whether a written warning was previously issued to the defendant for the same violation if it is a continuing one.
(3) The complaint shall contain a form of verification by the complainant to the effect that the complainant swears or affirms that he/she has reasonable grounds to believe, and does believe, that the person named committed the offense contrary to ordinance. (Ord. 3037 § 3, 2007)
1.06.090 Summons issuance – Required information.
A summons issued pursuant to this chapter is sufficient if it contains the following information:
(1) The name of the court, the name of the person or persons cited, the date on which the citation was issued, the name of the complainant, the time at which the person cited is to appear in court;
(2) A statement or designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so and the date and place of offense alleged to have occurred;
(3) The amount of bail, if any, fixed for the offense. (Ord. 3037 § 3, 2007)
1.06.100 Alleged violation – Required information.
A complaint of an alleged violation or an offense under this chapter is sufficient if it contains the following:
(1) The name of the court, the name of the city in whose name action is brought and the name of the defendant or defendants;
(2) A statement or designation of offense in such manner as can be readily understood by a person making a reasonable effort to do so and the date and a place of the alleged offense. (Ord. 3037 § 3, 2007)
1.06.110 Appearance of defendant in court.
The defendant shall either appear in court at the time indicated in the summons, or, prior to such time, deliver to the court the summons, together with the bail amount set forth in the summons, enclosing therewith a request for a hearing, or statement of matters and explanation or mitigation of the offense, or an executed appearance, waiver of hearing, and plea of “guilty” appearing on the summons. (Ord. 3037 § 3, 2007)
1.06.120 Hearing request or waiver – Payment of bail.
(1) If the defendant has submitted to the court a written statement with his bail, as provided in this chapter, it constitutes a waiver of hearing and a consent to judgment by court declaring a forfeiture of bail on the basis of such statement and any testimony or written statement of the arresting officer, or other witness, or city employee, as provided in this chapter, which may be presented to the court. If the defendant requests a hearing, or, if the court directs that hearing be had, the court shall fix the date and time of the hearing and, unless notice is waived, mail to the defendant notice of the date and time so set at least five days prior to the trial date.
(2) In any case, the court may direct that a hearing be held; otherwise, the court may enter the appropriate judgment, impose a fine, direct that the fine be paid out of the bail deposited by the defendant, and remit to the defendant any amount by which the bail exceeds the fine. No fine may be imposed in excess of the bail deposited by the defendant, unless a hearing is held. (Ord. 3037 § 3, 2007)
1.06.130 Civil penalty – General penalty – Assessment of fees.
(1) Upon a finding that the violation was committed by the defendant, the court:
(a) Shall assess a penalty pursuant to the applicable code penalty section;
(b) May assess hearing costs and witness fees, if any;
(c) Shall order the defendant to abate the code violation; and
(d) May order the defendant to appear at a subsequent hearing for the presentation of evidence of abatement.
(2) Any person adjudged to have violated any of the provisions or to have failed to comply with any of the mandatory requirements of any ordinance of the city, except in cases where a different punishment is prescribed by any ordinance of the city, shall pay a penalty of not less than $150.00 nor more than $500.00, unless superseded by state law.
(3) Each and every day during any portion of which any violation of any provision of an ordinance is committed, continued or permitted by any person shall constitute a separate violation.
(4) The penalty or fine for a third or any subsequent separate judgment of violation of the same offense by the same person shall be no less than $1,000, unless superseded by state law.
(5) Any penalty and costs assessed shall be paid no later than 30 days after the final order. Such period may be extended upon order of the court.
(6) Any penalty and costs assessed shall be a judgment against defendant in favor of the city. (Ord. 3037 § 3, 2007)
1.06.140 Default judgment.
Subject to the limitations set forth in SHMC 1.06.060(3), a default judgment shall be entered for the maximum civil penalty applicable to the charged violation if the defendant fails to appear at the scheduled hearing. If the defendant fails to appear for the hearing, any security fees posted shall be forfeited to the city. (Ord. 3037 § 3, 2007)
1.06.150 Enforcement – Rules and regulations.
The municipal court judge is authorized to promulgate any procedural rules he/she considers necessary to enforce this chapter and to punish for contempt of court. (Ord. 3037 § 3, 2007)
1.06.160 Failure to comply – Failure to appear – Penalty.
(1) The failure to comply with the provisions of this chapter constitutes a violation.
(2) If any person knowingly fails to comply with an order of the court, the person is in contempt of court.
(3) If any person knowingly fails to appear before the municipal court pursuant to a citation issued and served under authority of this chapter or pursuant to an order of the court, the person is in contempt of court.
(4) Contempt of court shall be punishable in the same manner prescribed by law for the circuit courts of this state, and all relevant provisions of ORS 33.015 through 33.155 are incorporated herein by this reference. (Ord. 3037 § 3, 2007)
1.06.170 Lien filing and docketing, collection.
(1) When a judgment is rendered by the municipal court judge in favor of the city for the sum of $10.00 or more, exclusive of costs and disbursements, the code enforcement officer shall, at any time thereafter while the judgment is enforceable, file with the finance director a certified transcript of all those entries made in the docket of the hearings officer with respect to the action in which the judgment was entered.
(2) Upon receipt of this transcript, the finance director shall enter the judgment of the hearings officer on the city’s lien docket.
(3) From the time of entry of the judgment on the city’s lien docket, the judgment shall be a lien upon the real property of the person against whom the judgment was entered in the trial. Except as provided in subsection (4) of this section, entry of the judgment in the city’s lien docket shall not thereby extend the lien of the judgment more than 10 years from the original entry of the judgment at the hearing.
(4) Whenever a judgment of the municipal court judge which has been entered pursuant to this subsection is renewed by the judge, the lien established by subsection (3) of this section is automatically extended 10 years from the date of the renewal order.
(5) The finance director shall file the transcript of the judgment with the Columbia County clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the judgment.
(6) Judgments may, in addition to any other method, be collected or enforced pursuant to ORS 30.310. (Ord. 3037 § 3, 2007)