Chapter 17.12
ENFORCEMENT
Sections:
17.12.010 Provisions of this code declared to be minimum requirements.
17.12.020 Violation of this code prohibited.
17.12.040 Complaints regarding violations.
17.12.050 Inspection and right of entry.
17.12.060 Abatement of violations.
17.12.010 Provisions of this code declared to be minimum requirements.
In the interpretation and application, the provisions of this code shall be held to be the minimum requirements, adopted for the protection of the public health, safety, and general welfare. Whenever the requirements of this code are at variance with other provisions of this code, or with the requirements of any other adopted city rules, regulations, or ordinances, the most restrictive, or that imposing the higher standard, shall govern. (Ord. 2875 § 1.030.010, 2003)
17.12.020 Violation of this code prohibited.
No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this code or any amendment thereto. No public right-of-way shall be used for any use without the consent or approval of the city council. (Ord. 2875 § 1.030.020, 2003)
17.12.030 Penalty.
A violation of this code or development contrary to any permit approval, or approval conditions arising out of this code, shall carry penalties as follows:
(1) Class I violation: any person intentionally or knowingly violating any provision of this code shall be guilty of a Class C misdemeanor which carries a maximum fine of $1,250 and/or 30 days in jail, or the maximum per state law, whichever is greater.
(2) Class II violation: any person violating any provision of this code shall be guilty of a Class A violation which carries a maximum fine of $720.00, or the maximum per state law, whichever is greater.
(3) A violation of any provision of this code shall be considered a separate offense for each day the violation continues.
(4) A finding of a violation of this code shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city.
(5) The above are not intended to violate state and federal laws. (Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.030.030, 2003)
17.12.040 Complaints regarding violations.
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a signed, written complaint. Such complaints, stating fully the causes and bases thereof, shall be filed with the planning director or designee. The planning director shall record properly such complaints, investigate and take action thereon as provided by this code. (Ord. 2875 § 1.030.040, 2003)
17.12.050 Inspection and right of entry.
Whenever the planning director has reasonable cause to suspect a violation of any provision of this chapter exists; or when necessary to investigate an application for, or revocation of, any approval under any of the procedures described in this code, the planning director may enter on any site or into any structure for the purposes of investigation; provided, that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises, if other than the owner. If consent cannot be obtained, the planning director shall secure a search warrant from the city’s municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. (Ord. 2875 § 1.030.050, 2003)
17.12.060 Abatement of violations.
(1) Any development or use which occurs contrary to the provisions of this code, or contrary to any permit or approval issued or granted under this code, is unlawful and may be abated by appropriate proceedings.
(2) Violations of this Community Development Code may be prosecuted pursuant to general code enforcement procedures for ordinance violations as provided in the general ordinances of the city of St. Helens, Oregon (St. Helens Municipal Code). (Ord. 2875 § 1.030.060, 2003)