This code shall be known as the “West Linn Municipal Code” and it shall be sufficient to refer to the code as the “West Linn Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “West Linn Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “West Linn Municipal Code,” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.

1.020 Contents.

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of West Linn, Oregon.

1.025 Reference Applies to All Amendments.

Whenever a reference is made to this code as the “West Linn Municipal Code” or to any portion thereof, or to any ordinance of the City of West Linn, Oregon, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

1.030 Title, Chapter, and Section Headings.

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.

1.035 Reference to Specific Ordinances.

The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.

1.040 Effect of Code on Past Actions and Obligations.

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.

1.045 Effective Date.

This code shall become effective 12:00 a.m. on January 1, 1995.

1.050 Severability.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

GENERAL PROVISIONS

1.075 Gender-Neutral Language.

The City’s codifier has authority to eliminate gender preference from the Municipal Code and update pronouns when appropriate, which authority also includes the correction of future ordinances by such changes as the following:

(1) Gendered pronouns (he, she, his, her, etc.) shall be replaced by a gender-neutral description of the title of office, employment or descriptor, as it applies to the pronoun’s antecedent. For example, where a code section refers to a Director, all subsequent gendered pronouns that refer to the Director shall be replaced by “the Director” (subjective form), “that Director” (objective form), or “the Director’s” (possessive form), as the context requires.

(2) Table 1 following this section lists commonly encountered titles of office, employment and descriptors. All gendered pronouns within the Municipal Code that refer back to a title of office, employment or descriptor found in Table 1 shall be replaced by the subjective, objective or possessive form of that title of office, employment or descriptor, as the context requires. Table 1 is not exhaustive and may be amended from time to time.

(3) Table 2 following this section lists gendered terms suitable for replacement by gender-neutral terms. Any term identified in the first column of Table 2, and which is also found within the Municipal Code, shall be replaced by the corresponding term identified in the second column. Table 2 is not exhaustive and may be amended from time to time.

Table 1
Gendered Terms in Existing Code	Gender-Neutral Titles of Office, Employment and Descriptors
He, She, Him, Her, His, Himself, Herself	The Agent
He, She, Him, Her, His, Himself, Herself	The Alternate Member
He, She, Him, Her, His, Himself, Herself	The Applicant
He, She, Him, Her, His, Himself, Herself	The Architect
He, She, Him, Her, His, Himself, Herself	The Assessor
He, She, Him, Her, His, Himself, Herself	The Attorney
He, She, Him, Her, His, Himself, Herself	The Candidate
He, She, Him, Her, His, Himself, Herself	The Chief Officer
He, She, Him, Her, His, Himself, Herself	The Clerk
He, She, Him, Her, His, Himself, Herself	The Complainant
He, She, Him, Her, His, Himself, Herself	The Consignee
He, She, Him, Her, His, Himself, Herself	The Councilmember
He, She, Him, Her, His, Himself, Herself	The Dancer
He, She, Him, Her, His, Himself, Herself	The Dealer
He, She, Him, Her, His, Himself, Herself	The Declarant
He, She, Him, Her, His, Himself, Herself	The Department Director
He, She, Him, Her, His, Himself, Herself	The Deputy
He, She, Him, Her, His, Himself, Herself	The Designee
He, She, Him, Her, His, Himself, Herself	The Detainee
He, She, Him, Her, His, Himself, Herself	The Director
He, She, Him, Her, His, Himself, Herself	The Driver
He, She, Him, Her, His, Himself, Herself	The Employee
He, She, Him, Her, His, Himself, Herself	The Engineer
He, She, Him, Her, His, Himself, Herself	The Entertainer
He, She, Him, Her, His, Himself, Herself	The Examiner
He, She, Him, Her, His, Himself, Herself	The Executive
He, She, Him, Her, His, Himself, Herself	The Executor
He, She, Him, Her, His, Himself, Herself	The Felon
He, She, Him, Her, His, Himself, Herself	The Fire Marshal
He, She, Him, Her, His, Himself, Herself	The Franchisee
He, She, Him, Her, His, Himself, Herself	The Franchisor
He, She, Him, Her, His, Himself, Herself	The Guarantee
He, She, Him, Her, His, Himself, Herself	The Guarantor
He, She, Him, Her, His, Himself, Herself	The Individual
He, She, Him, Her, His, Himself, Herself	The Inspector
He, She, Him, Her, His, Himself, Herself	The Investigator
He, She, Him, Her, His, Himself, Herself	The Leaver
He, She, Him, Her, His, Himself, Herself	The Lessee
He, She, Him, Her, His, Himself, Herself	The Lessor
He, She, Him, Her, His, Himself, Herself	The Licensee
He, She, Him, Her, His, Himself, Herself	The Lobbyist
He, She, Him, Her, His, Himself, Herself	The Manager
He, She, Him, Her, His, Himself, Herself	The Member
He, She, Him, Her, His, Himself, Herself	The Merchant
He, She, Him, Her, His, Himself, Herself	The Mortgagee
He, She, Him, Her, His, Himself, Herself	The Mortgagor
He, She, Him, Her, His, Himself, Herself	The Offender
He, She, Him, Her, His, Himself, Herself	The Officer
He, She, Him, Her, His, Himself, Herself	The Official
He, She, Him, Her, His, Himself, Herself	The Operator
He, She, Him, Her, His, Himself, Herself	The Owner
He, She, Him, Her, His, Himself, Herself	The Pawn Broker
He, She, Him, Her, His, Himself, Herself	The Permit Holder
He, She, Him, Her, His, Himself, Herself	The Permittee
He, She, Him, Her, His, Himself, Herself	The Person
He, She, Him, Her, His, Himself, Herself	The Physician
He, She, Him, Her, His, Himself, Herself	The Principal
He, She, Him, Her, His, Himself, Herself	The Prisoner
He, She, Him, Her, His, Himself, Herself	The Probationer
He, She, Him, Her, His, Himself, Herself	The Promoter
He, She, Him, Her, His, Himself, Herself	The Public Records Officer
He, She, Him, Her, His, Himself, Herself	The Purchaser
He, She, Him, Her, His, Himself, Herself	The Respondent
He, She, Him, Her, His, Himself, Herself	The Secondhand Dealer
He, She, Him, Her, His, Himself, Herself	The Seller
He, She, Him, Her, His, Himself, Herself	The Servant
He, She, Him, Her, His, Himself, Herself	The Sheriff
He, She, Him, Her, His, Himself, Herself	The Solicitor
He, She, Him, Her, His, Himself, Herself	The Sponsor
He, She, Him, Her, His, Himself, Herself	The Station Manager
He, She, Him, Her, His, Himself, Herself	The Suspended Person
He, She, Him, Her, His, Himself, Herself	The Tenant
He, She, Him, Her, His, Himself, Herself	The Trespasser
He, She, Him, Her, His, Himself, Herself	The Trustee
He, She, Him, Her, His, Himself, Herself	The Vendor

Table 2
Gendered Terms Found in Existing Code	Gender-Neutral Replacement
Bondsman	Bail bond agent
Brother	Sibling
Chairman	Chair, chairperson
Craftsmen	Craftspeople, artisans
Fireman, Firewoman, Firemen, Firewomen	Firefighter, firefighters
Fraternal	Social
Heirs	Beneficiaries
Journeyman	Journey
Maiden name	Birth name
Male and female	People of different genders
Manhole	Maintenance hole
Manmade	Human-made, artificial, manufactured, machine-made, synthetic
Manpower	Human effort, workforce
Master	Captain, skipper, pilot, safety officer, central
Men and women	People
Men or women	A single gender
Ombudsman	Ombuds, investigating official
Patrolmen	Patrol, guards
Policeman, Policewoman, Policemen, Policewomen	Police officer, police officers
Pregnant (woman, women)	Pregnant employee(s)
Repairman	Repairs, repairer
Salesman	Salesperson, salespeople
Sister	Sibling
Sorority, Fraternity	Collegiate Greek system residence
Sportsman	Hunter
The masculine pronoun includes the feminine	Words referring to a specific gender may be extended to any other gender
Watchmen	Guards

[Added by Ordinance No. 1719, adopted 10-12-2020.]

1.100 Definitions.

The following words and phrases, whenever used in the ordinances of the City of West Linn, Oregon, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

Business Day A calendar day, excluding Saturday, Sunday, and City recognized State and Federal holidays.

City. The City of West Linn, Oregon, or the area within the territorial limits of the City of West Linn, and such territory outside of the City of West Linn, over which the City of West Linn has jurisdiction or control by virtue of any constitutional or statutory provision.

City Engineer. The City Engineer of West Linn, Oregon, or their designee.

City Manager/City Official. The administrative head of the City’s government appointed by the City Council, or any City department head, City police officer, City code enforcement officer, City employee, or agent that the City Manager has designated to be responsible for any duty or act required in the code.

City Recorder The person holding the position of City Recorder, or their designee.

Code includes the West Linn Municipal Code, the West Linn Community Development Code, and all permits and approvals issued by the City of West Linn.

Council. The city council of the City of West Linn, Oregon. “All its members” or “all Council members” means the total number of Council members holding office.

County. The County of Clackamas.

Day A calendar day, unless otherwise specified.

Hearings Officer City Manager or, at City Manager’s discretion, the Municipal Court Judge, Municipal Court Judge Pro Tem, or an outside party not affiliated with the City that is hired or selected by the City Manager to conduct an appeals proceeding.

Law. Applicable Federal law, the Constitution and statutes of the State of Oregon, the ordinances of the City of West Linn, and, when appropriate, all rules and regulations which may be promulgated thereunder.

May. Permissive.

Month. A calendar month.

Must and shall. Mandatory.

Oath. Includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Owner. Applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, or contract purchaser of the whole or a part of such building or land.

Person. Includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

Personal property. Includes money, goods, chattels, things in action and evidences of debt.

Preceding and following. Next before and next after, respectively.

Property. Includes real and personal property.

Real property. Includes lands, tenements and hereditaments.

Sidewalk. That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

State. The State of Oregon.

Street. Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property as designated in any law of this State.

Tenant and occupant. Applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

Written. Includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

Year. A calendar year.

[Section 1.100 amended by Ordinance No. 1407, enacted 10-13-1997; amended by Ordinance No. 1621, adopted 04-21-14]

1.105 Title of Office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of West Linn.

1.110 Interpretation of Language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

1.115 Grammatical Interpretation.

The following grammatical rules apply in the ordinances and code of the City of West Linn, unless it is apparent from the context that a different construction is intended:

(1) Gender. Each gender includes the masculine, feminine and neuter genders.

(2) Singular and Plural. The singular number includes the plural and the plural includes the singular.

(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

1.118 Designation of Powers and Duties.

(1) For purposes of this section, a “subordinate” of the City Manager includes a department, division, title, office, or position over which the City Manager exercises supervision or control.

(2) Where an ordinance, code section, or resolution specifies that a particular subordinate of the City Manager shall have certain powers or duties, the City Manager shall nevertheless have the authority to transfer or assign any of those powers and duties to any other subordinate, or to exercise any of those powers and duties themselves. The transfer or assignment may be in any manner that the City Manager deems appropriate, for example, by designating an individual, officer, job title, department, division, department head, or division head or by allowing other appropriate persons to make the transfer or assignment. The City Manager shall have the authority to change those designations from time to time as they deem proper. Any designee or subordinate of the City Manager may further designate to the extent allowed by the City Manager.

(3) This section applies except to the extent it is inconsistent with the manifest intent of the Council, the context clearly requires otherwise, or it conflicts with State or Federal law. The principle that the expression of one thing is the exclusion of another will not alone generally be sufficient to prevent the application of subsection (2) of this section.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.120 Acts by Agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

1.125 Prohibited Acts Include Causing and Permitting.

Whenever in the ordinances of the City of West Linn, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

1.130 Computation of Time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or a City-recognized State or Federal holiday, in which case it shall also be excluded.

[Amended by Ordinance No. 1621, adopted 04-21-14.]

1.135 Construction.

The provisions of the ordinances and code of the City of West Linn and all proceedings under them are to be construed with a view to effect their objects and to promote justice.

1.140 Repeal Shall Not Revive Any Ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

GENERAL PENALTY

1.200 Adoption of State Criminal Laws and Procedures.

(1) All criminal procedures, provisions and requirements applicable to violations and misdemeanors, including but not limited to Oregon Evidence Code (ORS Chapters 40 and 41), ORS Chapter 153 violations, defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification contained in ORS Chapters 131 through and including 167, as well as Chapters 471 through 480 are hereby adopted in full and made applicable to the Municipal Court.

(2) All misdemeanor and violation offenses and penalties described in ORS Chapters 161, 162, 163, 164, 165, 166 and 167, as well as offenses described in the Oregon Vehicle Code and ORS Chapters 33, 137, 153, 471, 475, 476, and 480, are hereby adopted by reference. When cited as a City ordinance violation, violation of an ORS section adopted by reference is an offense against this City and shall be punishable to the same extent as provided in the code. Notwithstanding the above, nothing herein prohibits or restricts the City police or City Attorney from electing to pursue a charge and prosecute defendants with State law offenses in the name of the State of Oregon pursuant to ORS 221.339.

(3) Except where the context clearly indicates a different meaning, definitions appearing in the general definitional and other particular sections of chapters adopted by subsections (1) and (2) of this section are applicable throughout this chapter. Where appropriate, references to “State” and “State statute” shall be deemed to also include “City” and “City ordinances.”

(4) The City police, City Attorney, Assistant City Attorney, and Municipal Court, including the Municipal Court Judge, Judges Pro Tem, and court staff, shall have all the powers, duties, and responsibilities provided under Oregon Revised Statutes, applicable to investigation, prosecution, administration, and adjudication of violation and criminal offenses within the City.

(5) The statutes, codes and procedures adopted above are expressly made applicable within the City limits of the City of West Linn as well as outside the City limits when concerning offenses occurring on City-owned or controlled property located outside the City limits.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.205 Penalty Designated.

(1) Unclassified Violation. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any code or ordinance of the City, where a specific penalty is not specified in the code or ordinance for the violation, shall be guilty of a Class B violation.

(2) Unclassified Misdemeanor. An offense described in the code that is designated as a misdemeanor, but does not specify the classification of the misdemeanor, is an unclassified misdemeanor punishable by a fine not to exceed $500.00 or by imprisonment, not to exceed 30 days, or by both such fine or imprisonment.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

1.210 Violation Deemed Separate Offense.

Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City of West Linn is committed, continued or permitted by any such person, and they are punishable accordingly.

1.215 Cumulative Remedies.

The rights, remedies, and penalties provided in the code are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provision of law.

[Added by Ordinance No. 1621, adopted 04-21-2014.]

1.220 Designation – General Powers and Duties of City Officials.

The following are designated City officials with authority to enforce code provisions, permits, and approvals without further order: all City police officers, community service officers, City Public Works Director, Chief Financial Officer, Community Development Director, Parks Director, Building Official, and any employee with an approved job description that includes code compliance or enforcement. City officials are authorized to enforce any and all of the provisions of the code and have all law enforcement authority granted by charter, ordinance and general law.

[Added by Ordinance No. 1621, adopted 04-21-2014.]

1.225 Right of Entry/Warrant.

When it is necessary to inspect a building or premises to enforce the provisions of this code, or the City official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, in violation of this code or which otherwise makes the building or premises unsafe, dangerous or hazardous, the City official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; however, if the building or premises is occupied the City official must present their credentials to the occupant and request entry. If the building or premises is unoccupied, the City official shall first make a reasonable effort to locate the owner or other person in charge or control of the building or premises and request entry. If entry is refused, the City official shall have recourse to the remedies provided by law to secure entry, including but not limited to taking action to obtain an administrative search warrant.

[Added by Ordinance No. 1621, adopted 04-21-2014.]

1.230 Warnings.

A City official may issue a warning notice for any non-criminal violation of the code, provided the code does not prohibit a warning. Warning notices generally provide a brief description of the violation, the name of the City department to contact regarding the abatement of the violation, the name of the person issuing the warning notice, the date the warning was issued, and a statement that failure to correct the alleged violation or to contact the named department contact within a specific time frame may result in enforcement proceedings. The warning notice shall be served upon the person or entity accused of the violation and a copy placed in the enforcement file. 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 action.

[Added by Ordinance No. 1621, adopted 04-21-2014.]

1.235 Citation.

City officials are empowered to investigate and enforce all violations of City ordinances. For criminal offenses created by City ordinance, any City police officer may make an arrest consistent with the criminal laws of the State of Oregon or may issue and serve a citation in lieu of arrest as authorized by State law. For violation offenses created by City ordinance or Charter, any City official may issue and serve a citation which shall be in the form of a uniform citation form adopted by the Oregon Supreme Court. A City official is expressly authorized by law to issue a citation to a person for a violation created by City ordinance if the City official personally witnesses the violation or has probable cause to believe that the person has committed a City ordinance offense. As authorized by State law, the City elects to only allow City officials to initiate violation proceedings for City Charter and City ordinance offenses.

[Added by Ordinance No. 1621, adopted 04-21-2014.]

1.240 Service – Service by Mail and Failure to Receive Notice – Default.

(1) Service on individuals may be made by a City official by any of the following means:

(a) Service may be made by mailing the summons and complaint by restricted or unrestricted certified or registered mail, return receipt requested. For purposes of computing any time period prescribed by this code, service by mail shall be complete three days after such mailing if the address to which it was mailed is within the State, and seven days after mailing if the address to which it is mailed is outside the State.

(b) No default shall be entered against any responsible party served by mail under this section who has not either received or rejected the registered or certified letter containing a copy of the summons and complaint, unless otherwise authorized by the Municipal Judge based upon service procedures of the Oregon Rules of Civil Procedure.

(d) Substituted service may be made by delivering a copy of the summons and complaint at the dwelling house or usual place of abode of the person to be served, to any person over 14 years of age residing in the dwelling house or usual place of abode of the person to be served. Where substituted service is used, the City official, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party’s dwelling house or usual place of abode, together with a statement of the date, time, and place at which substituted service was made. For the purpose of computing any period of time prescribed or allowed by this code, substituted service shall be complete upon mailing.

(e) If the person to be served maintains an office for the conduct of business, office service may be made by leaving a true copy of the summons and complaint at such office during normal working hours with the person who is apparently in charge. Where office service is used, the City official, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party’s dwelling house or usual place of abode or the responsible party’s place of business or such other place under the circumstances that is most reasonably calculated to apprise the responsible party of the existence and dependency of the action, together with a statement of the date, time, and place at which office service was made. For the purpose of computing any period of time prescribed or allowed by this ordinance, office service shall be complete upon such mailing.

(2) Service on particular responsible parties; minors, incapacitated persons, corporations, limited partnerships, the State, other public bodies, general partnerships and other entities, shall be on the persons named in the Oregon Rules of Civil Procedure.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.245 Personal Appearance for a Continuing Violation.

Notwithstanding the appearance options generally available for violation offenses under State law, when the code offense alleged involves a continuing violation, a personal appearance on the citation shall be required. The violation citation itself or this code may specify offenses or classes of offenses which require a personal appearance.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.250 Failure to Appear on a Violation Citation.

Failure to appear on a violation citation may result in a default judgment, criminal prosecution for failure to appear pursuant to State law, a court order to show cause for contempt, as well as issuance of an arrest warrant.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.255 Violation Penalties.

(1) Violation offenses in the code shall be classified pursuant to the State violation classifications as Class A, B, C, or D violations and penalized accordingly.

(2) In addition to a fine, the Municipal Court may impose additional punishment or remedial measure (e.g., restitution) appropriate for the violation offense.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.260 Violation Trial.

(1) The trial of any violation offense shall be by the court without a jury, unless otherwise required by law.

(2) The City shall have the burden of proving the violation offense by a preponderance of the evidence and the defendant may not be required to be a witness in the trial of such violation offense.

(3) At any trial involving a violation offense, the City Attorney shall not appear unless the defendant is represented by an attorney, or unless the City Attorney is granted leave of the court to appear. Further, at any such violation trial, defense counsel shall not be provided at public expense, unless otherwise required by law.

(4) Consistent with State law, in any trial of a violation offense, whether created by ordinance or statute, in which the City Attorney is prohibited from appearing, the City police officer or City official who issued the citation for the offense is specifically authorized by law to present evidence, examine and cross-examine witnesses and make arguments relating to:

(a) The application of statutes and rules to the facts in the case;

(b) The literal meaning of the statutes or rules at issue in the case;

(d) Proper procedures to be used in the trial.

(5) Except as expressly provided above, only a person who is currently licensed to practice law in the State of Oregon by the Oregon State Bar is permitted to represent another person or entity in the West Linn Municipal Court.

(6) A person who commits a violation offense by violating designated provisions of the code shall not suffer any disability or legal disadvantage based upon conviction of crime.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.265 Misdemeanor Penalties and Procedures.

(1) Misdemeanor offenses in the code shall be classified pursuant to the State misdemeanor classifications as Class A, B, or C misdemeanors and penalized accordingly. Unclassified misdemeanors shall be penalized in accordance with Section 1.205(2).

(2) In addition to a fine and incarceration, the Municipal Court may impose any additional punishment, probation, remedial measure (e.g., restitution) that is appropriate for the offense.

[Added by Ordinance No. 1621, adopted 04-21-14.]

STOP WORK AUTHORITY

1.300 Definitions

[Repealed by Ordinance No. 1621, adopted 04-21-14.]

1.310 Authority to Issue Stop Work Orders.

When necessary to stop a violation of or to obtain compliance with any code provision, a City official may issue stop work orders requiring that all work relating to the violation, except work directly related to elimination of the violation, be immediately and completely stopped. The stop work order shall be in writing and shall include:

(1) The date of the order;

(2) Permit number, where applicable;

(3) Site address, legal description or project location;

(4) A description of all violations; and

(5) The conditions, if any, under which the work may resume.

1.320 Scope of Stop Work Orders.

(1) A stop work order issued under Section 1.310 shall be effective when posted in a conspicuous location at the site of the work. A copy of the stop work order shall be mailed by certified mail or hand delivered to the owner of the property and to any other person in violation of any code provision. The stop work order shall be effective until:

(a) The necessary permit is obtained;

(b) The City official issues a written approval for work to continue based on a finding that the violation has been cured; or

Except as provided in this section, no person may engage in any activity covered by the stop work order while the stop work order is in effect.

(2) With the written approval of the City official, any person may undertake work that is necessary to avoid a threat or hazard to persons or property that would result if work is left unfinished.

(3) If an appeal is filed with the City Manager pursuant to Section 8.045 for a decision made by the Building Official, or with the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq. for a decision made by all other City officials, the work may continue if a bond is provided in a sufficient amount to pay for the removal of any work and the return of the property to its previous condition and the City official determines that continuation of the work will not result in irreparable harm. If the stop work order is upheld pursuant to the administrative appeals process, all work performed under this subsection shall be removed by appellant within 15 days of the final decision by the Hearings Officer, except as otherwise permitted in writing by the Hearings Officer.

(4) When an emergency condition exists, a City official may issue a stop work order orally. An emergency condition exists at any time when continuing the work would have an irreversible effect. A written notice confirming the oral stop work order must then be issued, posted and mailed within 24 hours.

[Amended by Ordinance No. 1621, adopted 04-21-14.]

1.330 Appeal.

The owner of the property where the work was performed and any other person affected by a stop work order may appeal the stop work order at any time while the order is still in effect by filing a written appeal with the City Manager pursuant to Section 8.045 for a decision made by the Building Official, or with the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq. for a decision made by all other City officials. The City Manager shall decide the appeal within two business days of receiving the written appeal by issuing a written decision and providing copies of the decision to the appellant, the property owner if different, and the City official who issued the stop work order.

[Amended by Ordinance No. 1621, adopted 04-21-14.]

1.340 Appeal Standards.

In deciding an appeal, the issues to be considered by the City Manager or the Hearings Officer are:

(1) Whether work was performed;

(2) Whether a City permit or approval was required for that work;

(3) Whether the required permit or approval was issued; and

(4) Whether the stop work order violated any constitutional, statutory, code, or common law requirements.

[Amended by Ordinance No. 1621, adopted 04-21-14.]

1.350 Noncompliance.

(1) Failure to comply with a stop work order is a Class B violation. Work performed as authorized under Section 1.320 is not a failure to comply with a stop work order.

(2) It is a Class C violation to intentionally remove, obscure, mutilate or otherwise damage a posted stop work order while the order remains in effect.

(3) Any work performed in violation of this chapter is a nuisance that may be abated as provided in Sections 5.400 through 5.527.

[Amended by Ordinance No. 1621, adopted 04-21-14. Formerly 1.360]

[Subchapter “Stop Work Authority” added by Ordinance No. 1485, adopted 04-17-2002.]

ADMINISTRATIVE APPEALS PROCESS

1.400 Title.

Sections 1.400 to 1.430 shall be known, and may be cited, as the “Administrative Appeals Process.”

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.405 Applicability and Scope.

Any person aggrieved by the decision of a City official may appeal such action to a Hearing Officer through the following procedures if the West Linn Municipal Code chapter or section granting the City official authority to make the decision expressly authorizes use of this appeals process. The administrative appeals process can only be utilized for administrative decisions made without a hearing. Land use decisions subject to Community Development Code shall not be subject to the administrative appeals process.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.410 Procedures for Initiation of Administrative Appeal.

(1) When the West Linn Municipal Code authorizes an appeal, specific appeal procedures, timeframes, fees and other requirements, the specific provisions of the West Linn Municipal Code section authorizing the appeal shall control over the general provisions of the administrative appeals process. When the specific code sections are silent, the provisions in these sections shall govern and provide additional standards for the appeal process.

(2) The general procedures for initiation of an appeal are as follows:

(a) Filing Deadline. A person appealing a decision of a City official shall file a written notice of appeal with the City Recorder within 10 days from the date of mailing of the notice of final decision or the date of an alternative means of service pursuant to Section 1.240.

(b) Notice of Appeal Contents. The written notice of appeal shall include:

(i) The name and address of the appellant;

(ii) A statement of the authority or jurisdiction for the appeal including specific code sections authorizing the appeal;

(iii) A statement of the appellant’s standing or right to be heard;

(iv) The nature of the decision being appealed;

(v) A copy of the decision being appealed;

(vi) A short and plain narrative statement including the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the applicable code sections; and

(vii) The result the appellant desires on appeal.

(3) Appeal Fee. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal in the amount set by resolution of the Council.

(4) Jurisdictional Defect. Failure to strictly comply with the applicable appeal requirements, including, but not limited to, the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. All requirements shall be fully met prior to the appeal deadline.

(5) Stay. Unless otherwise specifically provided for in the code, the action of the City official shall be stayed pending the outcome of an appeal properly filed pursuant to this section. A stay shall not remain in effect for more than 30 days unless the City Manager orders a longer stay.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.415 Scheduling of Appeal Hearing.

(1) The City Recorder shall forward the appeal materials to the Hearings Officer as soon as possible after the appeal is received, and not more than five business days after receipt of the appeal.

(2) The Hearings Officer shall determine whether the jurisdictional requirements are met.

(a) If the Hearings Officer finds that the appeal requirements are met, the Hearings Officer shall put the decision in writing and notify the appellant that the appeal is being dismissed. The final decision made by the City official that was the basis for the attempted appeal shall be the final decision of the City.

(b) If the Hearings Officer finds that the appeal requirements are not met, or does not respond within 10 days, the City Recorder shall coordinate with the Hearings Officer and set a hearing date not more than 30 days after the appeal has been filed. However, nothing shall prevent the Hearings Officer from later determining at a later date that there is no jurisdiction to hear the appeal.

(3) The City Recorder shall notify the parties in writing of the date and time set for the hearing. The notice shall be mailed at least 10 days prior to the date of the hearing, unless the parties agree to a shorter amount of time.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.420 Hearing Procedures.

The Hearings Officer shall provide the parties with reasonable notice and a meaningful opportunity to be heard. The procedures of this section may be varied to best afford the parties procedural due process. At a minimum, the Hearings Officer shall:

(1) Review all written testimony submitted to the City Recorder for entry into the record. All written testimony must be submitted no less than five business days before the hearing, unless otherwise allowed by the Hearings Officer due to an explanation of why the testimony could not be provided earlier.

(2) Review bias challenges made by the parties prior to the hearing. All bias challenges must be submitted in writing prior to the hearing, and the challenge must be supported by competent substantial evidence of actual bias.

(3) Announce the matter to be heard at the beginning of the hearing and explain the relevant issue(s), the applicable procedures, and the burden of proof.

(4) Place on the record the substance of any written or oral ex parte communications concerning any relevant and material fact in issue at the hearing that was made to the Hearings Officer outside the official proceedings while the appeal was pending. The parties shall be notified of the substance of the communication and the right to rebut the communication. The parties are prohibited from engaging in ex parte communications with the Hearings Officer.

(5) Make a determination regarding any bias challenges.

(6) Take testimony of witnesses. Testimony may be taken upon oath or affirmation of witnesses; evidence provided under oath will be given more weight than unsworn evidence.

(7) Admit any relevant evidence that is the type of evidence that reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any law or rule that might make improper the admission of such evidence over objection in civil action in courts of competent jurisdiction. Evidence of past transactions and occurrences shall not be excluded solely on the basis of having occurred in the past, and it may be relied upon by the Council in making its recommendation. However, irrelevant and unduly repetitious evidence shall be excluded.

(8) Ensure that the record developed at the hearing shows a full and fair inquiry into the relevant and material facts for consideration of the issues properly before the Hearings Officer.

(9) Require a written or electronic record to be made that contains all motions, rulings and testimony.

(10) Issue a final decision in writing, which will be the final decision of the City, unless informal disposition of the appeal occurs by stipulation, agreed settlement, consent order or default.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.425 Appearance by Parties.

Parties shall be entitled to appear personally or by legal counsel. When appearing by counsel, the appellant must provide reasonable notice to the City Recorder and copy the City Attorney.

[Added by Ordinance No. 1621, adopted 04-21-14.]

1.430 Frivolous Appeals.

If the appellant loses on appeal, and the Hearings Officer finds that the appeal was entirely without merit, the appellant will be held financially responsible for the full cost of the appeal proceeding to the City, including, but not limited to, the cost of hiring an independent hearing officer, if required.

[Added by Ordinance No. 1621, adopted 04-21-14.]

Chapter 1GENERAL PROVISIONS

CODE ADOPTION

1.010 Adoption.

1.015 Title – Citation – Reference.

1.020 Contents.

1.025 Reference Applies to All Amendments.

1.030 Title, Chapter, and Section Headings.

1.035 Reference to Specific Ordinances.

1.040 Effect of Code on Past Actions and Obligations.

1.045 Effective Date.

1.050 Severability.

GENERAL PROVISIONS

1.075 Gender-Neutral Language.

1.100 Definitions.

1.105 Title of Office.

1.110 Interpretation of Language.

1.115 Grammatical Interpretation.

1.118 Designation of Powers and Duties.

1.120 Acts by Agents.

1.125 Prohibited Acts Include Causing and Permitting.

1.130 Computation of Time.

1.135 Construction.

1.140 Repeal Shall Not Revive Any Ordinances.

GENERAL PENALTY

1.200 Adoption of State Criminal Laws and Procedures.

1.205 Penalty Designated.

1.210 Violation Deemed Separate Offense.

1.215 Cumulative Remedies.

1.220 Designation – General Powers and Duties of City Officials.

1.225 Right of Entry/Warrant.

1.230 Warnings.

1.235 Citation.

1.240 Service – Service by Mail and Failure to Receive Notice – Default.

1.245 Personal Appearance for a Continuing Violation.

1.250 Failure to Appear on a Violation Citation.

1.255 Violation Penalties.

1.260 Violation Trial.

1.265 Misdemeanor Penalties and Procedures.

STOP WORK AUTHORITY

1.300 Definitions

1.310 Authority to Issue Stop Work Orders.

1.320 Scope of Stop Work Orders.

1.330 Appeal.

1.340 Appeal Standards.

1.350 Noncompliance.

ADMINISTRATIVE APPEALS PROCESS

1.400 Title.

1.405 Applicability and Scope.

1.410 Procedures for Initiation of Administrative Appeal.

1.415 Scheduling of Appeal Hearing.

1.420 Hearing Procedures.

1.425 Appearance by Parties.

1.430 Frivolous Appeals.

Chapter 1
GENERAL PROVISIONS