Ordinance No. 12-01 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 12- d 1
AN ORDINANCE AMENDING CHAPTER 1.16 OF THE TIGARD MUNICIPAL CODE TO
PROVIDE AN ADMINISTRATIVE ENFORCEMENT PROCESS, AUTHORIZE ADMINISTRATIVE
ABATEMENT OF NUISANCES,AUTHORIZE THE USE OF ADMINISTRATIVE RULES, CLARIFY
ELEMENTS OF THE CIVIL INFRACTIONS PROCESS AND AMEND TITLES 7,12,AND 14.
WHEREAS, Chapter 1.16 of the Tigard Municipal Code (I'MC), known as the "civil infractions ordinance,"
sets forth procedures for the enforcement of certain provisions of the TMC;and
WHEREAS, the procedures in Chapter 1.16 provide only a judicial enforcement process which requires
substantial amounts of staff and court time;and
WHEREAS, the addition of an administrative enforcement process will provide more efficient and effective
administration of the enforcement process;and
WHEREAS,a process whereby the city can act directly to abate nuisances will expedite compliance;and
WHEREAS, the City Council unanimously authorized the use of administrative rules in Ordinance No. 11-06
and provided rule-making procedures;and
WHEREAS, the use of administrative rules to establish procedures related to certain aspects of code
enforcement provides appropriate oversight and flexibility;and
WHEREAS, the City Council establishes a policy that, in addition to seeking compliance in civil infractions
cases,the city will seek to recover for the public the costs of enforcement,including staff time;and
WHEREAS, sections of the TMC that refer to existing sections of Chapter 1.16 need to be amended to be
consistent with the new text.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 1.16 is amended as shown in Exhibit A; text to be deleted is shown in strike�ret
and text to be added is shown in underline
SECTION 2: Cross-references in the Tigard Municipal Code are amended as follows: Chapter 7.42 as
shown in Exhibit B-1, Chapter 7.74 as shown in Exhibit B-2, Chapter 12.02 as shown in
Exhibit B-3 and Chapter 14.04 as shown in Exhibit B-4; text to be deleted is shown in
seikethrough and text to be added is shown in underline.
SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
ORDINANCE NO. 12- 01
Page 1
i
PASSED: By7� r� vot of all council members present after being read by number and
title only,this 2irciay of - � 2012.
City Recorder
APPROVED: By Tigard City Council this 2Z day of ,2012.
Mayor-City of Tigar
Approved as to form:
Ci orney
Date
ORDINANCE NO. 12-f9l
Page 2
EXHIBIT A,-PAGE 1
Chapter 1.16 CIVIL INFRACTIONS.
Sections:
ARTICLE I. GENERAL PROVISIONS
1.16.010 Title Ffor Provisions:
1.16.020 Establishment aAnd Purpose:
1.16.030 Definitions:
1.16.040 Use g9f Language:
1.16.050 Reference 14' State Law:
1.16.060 Culpability,Not Exclusive, Remedies Cumulative
Exelusiv-.
1.16.065 Liability
1.16.070 Effect gOf This Chapter:
1.16.080 Severability:
1.16.090 Reports Q9f Infractions:
1.16.100 Assessment by Code Enforcement Officer.
1.16.105 Administrative Rules
1.16.110 .Warrants-Right of Entry
1.16.111 Warrants-Grounds for Issuance
1.16.112 Warrants-Procedure for Issuance
1.16.113 Warrants-Execution
1.16.114 Warrants.-.-Disposal of Seized Prop-erty
1.16.115 Voluntary Compliance Agreement
1.16.120 Notice_-Notice of Violation and Letter of Com 1iL
>.>� in -r
1 „t:. Class�� And i l..f. ,.*:...s(Repealedoa bybyn,a n2_27)
1.16.140 Time IT-o RemedyAbate Infraction After Notice:
1.16.150 Immediate Remedial Action Required When:
ARTICLE 11.JUDICIAL,ENFORCEMENT
1.16.160 Notice—Methods_-0f Service
1.16.170 Notice-Computation gOf Time Period:
1.16.180 Notice-Information:
1.16.190 Failure l-To Respond IT-o Notice:
1.16.200 voluntl ee Agreement
1.16.210 Civil Infraction Summons .And Complaint-Timing:
1.16.220 Civil Infraction Summons .And Complaint-Process Requirements:
1.16.230 Civil Infraction Summons And Complaint-Service-Failure I-To Receive-Default:
1.16.240 Civil Infraction Summons aAnd Complaint-Respondent's Response Required:
1.16.250 No Right 4Tlo Jury
1.16.260 Representation Rby Counsel:
1.16.270 Opportunity 4'lo Ube Heard-Cross-Examination:
1.16.280 Witnesses
1.16.290 Hearing-Admissible Evidence
1.16.295 Burden of Proof
1.16.300 Hearing-Decision blly Hearings Officer:
1 1 305 Civil Penalty_ Abatement RequiFements.
1.16.310 Gii4l Penalty Assessment Of Fees-.:Order to Abate-Judicial
EXHIBIT A,-PAGE 2
1.16.320 Hearing-Records:
1.16.330 Finality OQf Decision-Appeals
1.16.340 Remedial Action RbyAhg City-C-estsSummary Abatement:
1.16.350 Default Judgment:
1.16.360 Enfor-eement Rules And Regulations.
1.16.370 Lien Filing And Doekethigw
1.16.380 Continuous Infr-netiens.
3 Failwe-teComply-With judgment-mer.
1.16.390 Penalty-Payment Due Whem.
ARTICLE III.ADMINISTRATIVE ENFORCEMENI
1.16.400 Penalty Classifientions-Order to Abate-Administrative
1.16.415 Penalty Repent violation.
1.16.410 Penalty Assessme W.Abatement by the Responsible Partv
1.16.420 Penalty ftior-To Hear-ing.Order to Abate-Administrative-A9=l Process.
1.16.425 Delinquent 0,41 Penalties
1.16.430 Abatement by the City
1.16.440 Judicial Review
ARTICLE IV.P .NA .TI .S .FEES AND COSTS
1.16.380444 Continuous Infractions:
1.16.4MOD Failure Tto Comply With Judgment Order,Order to Abate or
Notice of Assessment
1.16.39042.4 PenaltWy Fees and Costs-Payment"ueAV4w.
1.16.4004 4 Penaltjgy and Fees-Classifications:
1.16.41044.4 Penaltiy and Fees-Amounts to be Assessed Assessment
1.16.415454 Penalties and Fees-Repeat Violations
1.16.420454 Penaltigy and Fees-Prior to First Appearance in Court$Fi@r+H-a g
1.16.43564 Delinquent Civil Penalties_-Fees and Costs
1.16.680 Penalties,Fees and Costs-Assessment
1.16.690 Administrative Fees and Costs-Notice of Assessment
1.16.700 Administrative Fees and Costs-Notice of Objection and Hearing
1.16.-3-70710 Penalties.Fees and Costs-Collection.Lien Filing and Docketing
EXHIBIT A,-PAGE 3
ARTICLE I. GENERAL PROVISIONS
1.16.010 Title for Provisions
1.16.020 Establishment and Purim
1.16.030 Definitions
1.16.040 Use of Language
1.16.050 Reference to State Law
1.16.060 Culpability,Not Exclusive,Remedies Cumulative
1.16.065 Liability
1.16.070 Effect of This Chapter
1.16.080 Severability_
1.16.090 Reports of Infractions
1.16.100 Assessment by Code Enforcement Officer
1.16.105 Administrative Rules
1.16,110 Warrants-Right of Entry
1.16.111 Warrants-Grounds for Issuance
1.16.112 Warrants-Procedures for Issuance
1.16.113 Warrants-Execution
1.16.114 Warrants-Disposal of Seized Property
1.16.115 Voluntary Compliance Agreement
1.16.120 Notice-Notice of Violation and Letter of Complaint
1.16.140 Time to Abate Infraction After Notice
1.16.150 Immediate Remedial Action Required When
ARTICLE I. GENERAL PROVISIONS pProviding a convenient and practical forum for
the hearing and determination of cases arising
1.16.010 Title for Provisions out of such infractions.
—The ordinance codified in this chapter The civil infractions procedures are is
shall be known as the "civil infractions intended to be used for all violations of the TMC
ordinance,"and may also be referred to herein as other than certain violations of Title 7 and Title
"this chapter." (Ord. 86-20 §1(Exhibit A(1)), 10.
1986).
3C. The civil infractions abatement
1.16.020 Establishment Aand Purpose: procedures established herein are for the purpose
of authorizing the cyto proceed to abate
4-A. The purpose of this chapter is to such infractions__
establish civil procedures for the enforcement of
certain provisions of the Tigard Municipal Code 1. ilf it is determined that
(TMC). the infraction presents an immediate danger to
the public health, safety or welfare...
132. The it n-^etion procedures
for the judicial enforcement process and the D. If it is determined that
administrative enforcement process established the property owner or responsible person is
herein are for the purpose ofd incapable of or unwilling to abate the infraction
within a timeline satisfactory to the city.
1. dDecriminalizing
penalties for infractions of certain civil 1.16.030 Definitions:
ordinances and
For the purposes of this chapter, the
2. -for- the purpose of following definitions shall apply:
ExxmlT A,-PAGE 4
enforcement of Chapters 10.16 through 10.32,
A. "Abate" means to restore a Section '.40.1 I .- .060; and Chapter 7.60,
property to its condition prior to the infraction. "pGode €ennforcement 9Officer" also includes
or similar condition that is free of the subiect Community service %fficers of the police
infractions. In the case of graffiti, "abate" department
means to remove graffiti from the public view.
G. "Finance officer" means the
B. "City manager" means the city senior financial officer of the city or the
manager or any other city employee designated designee of the senior financial officer.
by the city manager.
H. "Letter of Complaint" means a
bC. "Civil linfraction" Qr letter of notification to a responsible pay that
"infraction"mean_ the city has received a complaint indicating that
a violation may exist on e party's property.
1. 41[he failure to comply
with a eede-provision of this code other than 1. "Notice of Assessment" means
certain provisions of Okaptep-Title 7 and Chapter a formal letter or form notifying a respondent or
Title 10 and shall also mean recipient that an administrative fee.
administrative costs:or costs of abatement have
2. Me process of been assessed against them or against property
imposing a civil penalty under this chapter. in which they hold an interest.
References to "uniform infraction" I "Notice of Violation" means a
throughout the code other than in certain formal letter or form notifying a responsible
provisions of Ghapt.T11IL7 and Ghapter-j& party that the city has probable cause to believe
10 shall be deemed to be references to "civil that a violation has been found to exist on the
infraction." (Ord. 07-03, Ord. 05-08, Ord. 02- party's property.
27,Ord.86-20 §1(Exhibit A(4)), 1986).
K. "Order to Abate" means an
I+. "Civil iInfractions hHearings order to a respondent or responsible party to
gOfficer"means the--mMunicipal j3udge or the abate an infraction from the municipal court as
individual appointed by the m#Aunicipal j3udge provided in Article ll. or from the code
with the delegated authority to preside over the enforcement officer as provided in Article III.
code enforcement hearings and to perform the
related functions as specified by this chapter. L. "Person" means an individual
h man being and may also refer to a firm.
E. "Costs" means any e=nses corn io unincoroorated association.
incurred and charges associated with any action partnership. limited liability company, trust.
taken by the city under this chapter including but estate or any other legal entity.
not limited to the cost to the public of the staff
time invested and, regarding items confiscated M. "Premises"means a parcel of
for violation of Sections 6.03.010 and 6.03.020. land and any improvements on it.
all expenses incurred and charges associated
with the removal, storage, detention,processing, N. "Recipient"means a person
disposition and maintenance thereof, who has received a Letter of Complaint under
the administrative process.
4E,—."Code tEnforcement QOfficer"
means the individual or individuals appointed or 30___"Respondent" means a person
designated by the d-Director of gCommunity charged with a civil infraction._ A respondent
dOevelopment or the City mManager to will have received a Notice of Violation or a
enforce the provisions of this chapter. For summons and complaint as provided in Article II
EXHIBIT A,-PAGE 5
or an Order to Abate as provided in Article III.
1.16.050 Reference-Tjo State Law:
P "Responsible party" means any
one of th =====Any reference to an
Q state statute incorporates into this
1. An owner. chapter by reference the statute in effect on the
effective date of the ordinance codified in this
2. An entity or person chapter. (Ord. 86-20 §I(Exhibit A(11)), 1986).
acting as an agent for an owner by agreement
that has authority over the property. is 1.16.060 Culpability-3 Ghapte�
responsible for the property's maintenance or Wovisiens-Not Exclusive,
management, or is responsible for curing Or Remedies CuMUj& lye,
abating an infraction.
}A• Acts or omissions to act which
3. Any person occupying are designated as an infraction by any i
he property, including bailee, less= tenant or ordinance do not require a culpable mental state
other having possession or as an element of the infraction.
4. The person who is Q. The procedures prescribed by
alleged to have committed the acts or omissions this chapter shall be the exclusive procedures for
created or allowed the condition to exist, or imposing civil penalties; however, this section
placed the object or allowed the object to exist shall not be read to prohibit in any way
on the property. alternative remedies set out in the Tigard
Municipal Code which are intended to abate or
There may be more than one responsjble alleviate code infractions, nor shall the Qity be
party for a particular property or infraction, prevented from recovering, in any manner
prescribed by law,any e*peHse-costs incurred by
-5P. "Violation" means failure to it in abating or removing ordinance infractions
comply with a requirement imposed directly or pursuant to any code provision. (Ord. 86-20
indirectly by this code. "Violation" may also §I(Exhibit A(3)), 1986).
mean civil infraction, except as used in those
portions of Chapter 7 and of Chapter 10 that do C. The remedies and procedures
not use the civil infraction procedure. for abatement of civil infractions provided in
this chapter are in addition to all other remedies
4-.Q.="Voluntary compliance n procedures provided by law. Nothing in this
ffeement" means an agreement, whether chapter shall limit or restrict in any way the
written or verbal, between the Cedei 's right to obtain abatement by means of
and the recipient or civil infraction,judicial action,an administrative
respondent, which is intended to resolve the enforcement action, a criminal action. a civil
alleged civil infraction. lawsuit or any other form of procedure to obtain
abatement.
1.16.040 Us~Languagev
1.16.065 Liability
As used in this chapter, pronouns
indicating the masculine gender shall include the A. The city shall not be liable to
feminine and neuter gendera; lhr,--singular any person for any loss or injury to person or
pmaeuns-shall include the plural; and "person" propcM growing out of any casualty or incident
shall, where appropriate, include any happening person or property on account
partnership, corporation, unincorporated of a property owner, lessee or occupant of
association, the State of Oregon.or other entity. property who fails or neglects to promptly
(Ord. 86-20 §I(Exhibit A(14)), 1986). comply with the duties imposed by this section.
EXHIBIT A,-PAGE 6
1.16.100 Assessment
B The city shall be exempt from Enforcement Officer.
11 liability, including but not limited to
common-law liability that it might otherwise A4. Assessfnent. Upon receiving
incur to an iniured party as a result of the city's a report or complaint or otherwise becoming
negligent failure to abate an infraction. aware of a violation of this codeAlkeft an 811eged
inf eetier.---is r-epei4ed to the C'�_ivI
C. If any property owner. lessee or lygn€ereement ^j�ffi r, the Ckode
occupant, by his failure or neglect to perform €cnforcement_—AQ_fficer shall review the facts
v duty required of him by the terms of this and circumstances surrounding the alleged
ion, contributes in causing injury or infraction and if he ef-- a deems it appropriate
damages, they shall reimburse the city for all will proceed with appropriate enforcement
damages or injury it has sustained or has been actions.
compelled to nay in such case, including but not
limited to reasonable attorney fees for the __R2. The
defense of the same, and such payments as may Code_-ode officer shall not proceed
be enforced in any court having jurisdiction. further with the matter if the__Officer determines
that there is not sufficient evidence to support
1.16.070 Effect gOf This Chapter: the allegation, or if the gOfficer determines that
it is not in the best interest of the sGity to
4-A.----Citations or complaints proceed. (Ord. 02-27, Ord. 86-20 §I(Exhibit
issued and filed with the Mmunicipal CSourt A(5)(B)), 1986).
prior to the effective date of the ordinance
codified in this chapter shall be processed in 1.16.105 Administrative Rules
accordance with the provisions in effect at the
time the complaint was issued. The city manager is authorized to draft
and adopt administrative rules to define
.B. Nothing in this chapter shall procedures to work with respondents or
be construed as a waiver of any prior recipients toward the abatement of civil
assessment, bail or fine ordered by the infractions. Any such administrative rules and
Mmunicipal Cgourt. (Ord. 86-20 §1(Exhibit A regulations shall be adopted pursuant to the
(12)), 1986). provisions of Chapter 2.04, be consistent w_ ith_
this chapter and shall include the following:
1.16.080 Severability:
A. Specific form documents or
The provisions of this chapter are templates for all written communications
severable. If any section, sentence, clause or referenced in this chapter to ensure that
phrase of this chapter is adjudged to be invalid communications from the city are uniform.
by a court of competent jurisdiction, that including a:
decision shall not affect the validity of the
remaining portions of the chapter. (Ord. 86-20 1. Letter of Complaint
§1(Exhibit A(13)), 1986).
2. Notice of Violation
1.16.090 Reports Ogf Infractions:
3. Order to Abate
All reports or complaints of infractions
covered by this chapter shall be made or referred 4. Notice of Assessment
to an authorized Cc_ode_-Ec_nforcement-O__fficer.
(Ord. 02-27, Ord. 86-20 §I(Exhibit A(5)(A), B. Procedures for the preparation.
1986). execution,delivery,and posting of notices of a:
EXHIBIT A,-PAGE 7
1. Letter of Complaint 1. The code enforcement
officer shall first make a reasonable attempt to
2. Notice of Violation locate the owner or other persons having charge
r control of the property, present proper
3. Order to Abate credentials and request entry.
-I._ Notice of Assessment 2. If entry is refused or if
the owner or other persons having charge or
C. Procedures for review by the control of the property cannot be located. the
civil infractions hearing officer to consider code enforcement officer may attempt to obtain
protest by a responsible party of an entry by obtaining a warrant.
administrative_Order to Abate consistent with
Section 1.16.420. 1.16.111 Warrants-Grounds for
Issuance
D. Procedures for determination of
the time allowed to abate an infraction or A. A warrant for inspection
otherwise respond as provided in a: investigation. removal or abatement purooses
shall only be issued upon cause. supportedby
1. Letter of Complaint affidavit,particularly describing:
2. Notice of Violation 1. The applicant's status in
applying for the warrant:
3. Order to Abate
2. The statute, ordinance
E. Procedures for the calculation of or regulation requiring or authorizing the
administrative fees. inspection or investigation or the removal and
abatement of the violation;
F. Standards for confidential or
anonymous reporting and circumstances in 3. The building or
which such re op rting is allowed. property to be inspected,investigated or entered:
1.1 6.110 Notiee—Valley: 4. The 12 pose for which
the inspection, investigation, removal or
Repealed by Ord 02.27_ abatement is to be made,
1.16.110 Warrants-Right of Entry 5. The basis upon which
cause exists to inspect, investigate, remove or
A. The city manager or designee abate the violation,;�nd
may entgr property. including the interior of
structures, at all reasonable times whenever an 6. In the case of removal
inspection is necessary to enforce any or abatement, a_ statement of the general tomes
regulations of this code, or whenever the city and estimated quantity of the items to be
manager or designee has reasonable cause to removed or conditions abated.
believe that there exists in any structure or upon
any property any condition which constitutes a B. Cause shall be deemed to exist
violation of provisions of this code. if•
B. In the case of entry into areas of 1. Reasonable legislative
property that are plainly enclosed to create or administrative standards for conducting
privacy and prevent access by unauthorized routine, periodic, or area inspection or for
pre sons,the followingsips shall be taken. removing and abating violations are satisfied
EXHIBIT A,-PAGE 8
with respect to any building or upon any Oregon Revised Statutes. to enter the described
property,or property to remove any person or obstacle and to
assisthe representative of the city in-any--w-ay
2. An investigation is necessary to enter the property and complete the
reasonably believed to be necessaryin order to investigation or remove and abate the infractiom
discover or verify the condition of the property
for conformity with regulations.or 1.16.113 Warrants-Execution
3. There is cause to A. In executing a warrant on
believe that a violation exists for which removal occupied property the person authorized to
r abatement is required or authorized by this execute the warrant shall, before entry into the
ha ter. occupied premises, make a reasonable effort to
present the person's credentials, authority and
1,16,112 Warrants-Procedure for purpose to an occupant or person in possession
Issuance of the property designated in the warrant and
show the occupant or person in possession of the
A. Before issuing a warrant, a property the warrant or a copy thereof upon
judge may examine the applicant and any other 1 est
witness under oath and shall be satisfied of the
existence of grounds for granting such B, In executing a warrant on
application. unoccupied property, the person authorized to
execute the warrant need not inform anyone of
B. If the judge is satisfied that the person's authority and purpose, as prescribed
cause for the inspection, investigation, removal in subsection A. above, but may promptly enter
or abatement of any infraction exjsts and that the designated property jf rt is at the rime
other requirements for granting the application unoccupied or not in the possession of any
are satisfied. the judge shall issue the warrant. person or at the time reasonably believed to be
particularly describing: in such condition. In such case a copy of the
warrant shall be conspicuously posted on the
1. The person or persons property.
authorized to execute the warrant, _
C. A warrant must be executed
2. The property to be within 10 working days of its issue and returned
entered,and to the judge by whom it was issued within 10
working days from its date of execution. After
3. The purpose of the the expiration of the time prescribed by this
inspection or investigation ora statement of the subsection,the warrant unless executed is vojd
general tunes and estimated quantity of the items
to be removed or conditions abated. 1 16 114 Warrants - Disposal of Seized
Property
C. The warrant shall contain a
direction that it be executed on any day of the The city manager or designee may cause
week between the hours of 8:00 a.m. and 6:00 any items removed pursuant to an abatement
p.m., or where the judge has specifically warrant to be disposed of in an approved manner
determined, upon a showing that it cannot be whenever the city manager or designee, in his
effectively executed between those..hommdiaLit sole discretion, finds that the fair and reasonable
be executed at any additional or other time of the value of the items at resale would be less than
av ornight. the cost of storing and selling the items In
making the above determination, the city
D. In issuing a warrant, the iudo manager or designee may include in the costs of
may authorize any peace officer, as defined in sale the reasonable cost of removing the items to
EXHIBIT A,-PAGE 9
lace of storage,of storing the items for resale. A.----Upon receiving a report or
of holding the resale including reasonable staff omplaint or otherwise becoming aware of a
allowances and all other reasonable and violation of this code the code enforcement
ecessary costs of holding the sale. officer may cause a notice Netieeof the alleged
civil infraction maybe given to the Fespende
1.16.115 Voluntary Compliance any responsible party for the property containing
Agreement the alleged infraction.
Aa. The Geode Eenforcement B Under the judicial enforcement
Agfficer may,_at any time prior to a first process set forth in Article II. a Notice of
appearance in court, enter into a y*oluntary Violation for the alleged cjvjl infraction may be
Coompliance Aagreement with "a respondent given to the responsible party before a civil
or recipient. The agreement shall include—& infraction summons and complaint is issued for
time allowed to abate the infraction and shall be an infraction. Verification of the violation is a
binding on the respondent or recipient. requirement for a Notice of Violation A Notice
of Violation-lt is not a-PmFequisi�r it
Bb. The fact that a person alleged to before asummons and
have committed a civil infraction enters into a complaint is jssued. The use of a Notice of
y_voluntary Ceompliance Aagreement shall not Violation is at the sole
be considered an admission of having committed discretion of the G.rode=Fwnforcement Agfficer.
the infraction for any purpose.
C. Under the administrative
Ce. The city shall abate enforcement process set forth in Artjcle III. a
further processing of the alleged infraction Letter of Complaint may be mailed to any
during the time allowed in the yvoluntary responsible party for the property containing the
Ceompliance Aagreement for the-completion of alleged civil infraction. Verificatjon of the
the necessary corrective action. The_Ggity_shall violation is not a requirement for issuing a Letter
take no further action concerning the alleged of Complaint but the issuance of a Letter of
violation if all terms of the yvoluntary Complaint is a required first sten in the
eCompliance aA_greement are satisfied, other administrative process. (Ord. 02-27, Ord. 86-20
than steps necessary to terminate the §l(Exhibit-A(5)LQ®(2)), 1986).
enforcement action.
1.16:1E3Q Nel#ee— C;ass-2 And j
D-2. Failure to comply with any term WORM 1 by Ord.02
of tithe signed luntary Ceompliance
Aagreement constitutes an additional and 1.16.140 Time to Remedy Abate
separate infraction which shall be handled in Infraction After Notice
accordance with *&procedures established by
this chapter;=e*eept-4 FAafter the yvoluntary A. If a Notice of Violation or a
=Ceompliance Aegreement has been signed no Letter of Complaint is given to a recipient or
further notice need be given before a civil respondent pursuant to this chapter, the Gcode
infraction summons and complaint based on this Eenforcement 9officer shall give theme
infraction is issued. The G-Qity may also proceed 2_r respondent a reason -specific timeline
on the alleged infraction that gave rise to the within which to cure or to remedy abate the
Voluntary Compliance Agreement. (Ord. 02-27, alleged infraction after the - se is
Ord. 86-20 §I(Exhibit A(5)(C)(I0)), 1986). gvei3consjstent with subsection 1.16.140.B.
1.16.120 Notice:-Notice of Violation B The time allowed shall not be
and Letter of Complaint less than twenty-€-- hours; fora Notice of
Violation,or five days for a Letter of Complaint.
nor more than t'AFty-a2days: except in cases
EXHIBIT A,-PAGE 10
ere compliance is voluntary and the code require immediate remedial action.
enforcement officer deems it appropriate to enter
into a Voluntary Compliance Agreement with B. If, in such cases, the Ggode
the recipient or respondent. Egnforcement 9Officer is unable to serve a
eNotice of Violation or Letter of
_;"ere—thele—}s—an 8*4e Ie Complaint on the recipient or respondent or, if
he&dship, as defe ed--by the Eede after such service the recipient or respondent
BafercementOffieer-,--tThe code enforcement refuses or is unable to remedy the infraction,the
officer may grant additional time to the Gcity may proceed to remedy the infraction as
respondent iff, in the officer's judgment provided in Ssubsection C-4-.
compliance within the 39-d W30-day timeline ehepter- below. (Ord. 02-27, Ord. 86-20
would constitute a significanthardship to theth §I(Exhibit A(5)(C)(5)), 1986).
recipient or respondent or other significan
mitigating circumstances exist. (Ord. 02-27, C. In the case of an immediate
Ord. 86-20 §1(Exhibit A(5)(C)(4)), 1986). danger to the public health, safety or welfare
t rmin d under Saubsection A, the
1.16.150 Immediate4entedial city may abate the infraction and charge the
Abatement Action Required abatement cost back to the recipient or
When. respondent, after obtaining a warrant to enter the
property and abate the infraction. If the
A. Notwithstanding the Femethal immediate danger constitutes an emergency
abatement time periods contained in Section threatening immediate death or physical injury
1.16.140, if the Gcode Eenforcement 9officer to persons, the city may abate the infraction
determines that the alleged infraction presents an without obtaining a warrant if the delay
immediate danger to the public health, safety or associated with obtaining the warrant would
welfare, or that any continuance of the violation result in increased risk of death or injury, and
would allow the recipient or respondent to profit may charge the abatement costs back to the
from the violation or would otherwise be m6pimL or respondent.
offensive to the public at large the Oofficer may
ARTICLE II.JUDICIAL ENFORCEMENI
1,16.160 Notice-Methods of Service
1.16.170 Notice-Computation of Time Period
1.16.180 Notice-Information
1.16.190 Failure to Respond to Notice
1.16.200 Voluntary Compliance Agreement
1.16.210 Civil Infraction Summons and Complaint-Timing
1 16.220 Civil Infraction Summons and Complaint-Process Requirements
1 16 230 Civil Infraction Summons and Complaint-Service-Failure to Receive-Default
1 16.240 Civil Infraction Summons and Complaint-Respondent's Response Required
1.16.250 No Right to Jury
1.16.260 Representation by Counsel
1.16.270 Opportunity to be Heard-Cross-Examination
1.16.280 Witnesses -
1.16.290 Hearing-Admissible Evidence
1.16.295 Burden of Proof
1 00 Hearing-Decision by Hearings Officer
1.16.310 Order to Abate-Judicial
1.16.320 Hearing-Records
ExxtsiT A,-PAGE 11
1.16.330 Finalitv of Decision-Anneals.
1.16.340 Remedial Action by City-Summary Abatement
1.16.350 Default Judgment
ARTI 11-JUDICIAL person or by telephone the time period 1=Q
ENFORCEMENT abate the infraction shall begin to pan
immediately upon such delivery.
1.16.160 Notice-Methods of Service:
2- Where the Notice of
If a Notice of Violation Nogee--ef Violation is mailed to the
h4aefien=is given to a respondent pursuant to respondent,
this chapter, service of such notice may be , notice
made as follows: to abate the infraction shall be considered
complete three days after such mailing, if the
A4-. A Notice of Violation flefiee address to which it is mailed is within the
may be given to the state, and seven days after mailing if the
respondent in person by the Geode address to which it is mailed is outside the
I-cnforcement OOfficer. state.
2D-. A Notice of Violation Netiee K. Where the Notice of
^f fha Fi"egea inti etio.. may be given by a Violation is affixed to the
telephone call to the respondent. If notice is main door of the property or premises,&
given in this manner, the respondent may be purposes of computing the time period to
given, at the o e abate the infraction notice shall be considered
enforcement officer's discretion, a netiee-e€ complete three days after such affixation.
by first class (Ord. 02-27, Ord. 86-20 §I(Exhibit
mail sent to his last known address as soon as A(5)(C)(7)), 1986).
possible after the initial notice by telephone.
1.16.180 Notice-Information:
3C.---A Notice of Violation aet-iee
alleged ia&a ^" may be given by —A4-.---The following information
mailing to the respondent at his last known shall be included in the Notice of Violation
address. if one is given:
---4D.---A Notice of Violation Netiee is A description or
of the alleged in&ae`en may be given by identification of the activity or condition
affixing to the main door of the property or constituting the alleged infraction, and the
premises. If notice is given in this manner, identification of the recipient as the
the cGode eEnforcement%fficer may, at his respondent;
ergdiscretion, also provide the respondent
with a N_notice of aetiea-Violation by mail 2b. A statement that the
sent to the respondent's last known address as pGode tBnforcement QQfficer has determined
soon as possible after the initial notice by the activity or condition to be an infraction;
posting. (Ord. 02-27, Ord. 86-20 §1(Exhibit
A(5)(C)(6)), 1986). 3e. A statement of the
action required to Fmedy or--ewe-abAtg-the
1.16.170 Notice-Computation gOf alleged infraction and the time and date by
Time Period: which the remedyAhalg= must be
completed unless a yvoluntarySeompliance
+A. Where the Notice of A-agreement is executed;
Violation of :.,4 action is delivered in
ExxtstT A,-PAGE 12
____4d-___A statement advising
the respondent that if the required
mme abatement is not completed within the into a voluntary eemplianee agreement shall
time specified and the respondent has not not be eonsider-ed an admission of having
entered into a y_voluntary =Ceompliance eewAniaed the ia&aetien fer any purpose.
Aagreement, a civil infraction summons and
complaint will be issued 6. The City sha4l abate ful4 �-
the max* t pmAded and civil preeessing ef the alleged infieetien d ..41.e
penalties for the particular infraction may be t;..,e ..11e•-•va in the eluntar eemphaffee
imposed.
eerreetive-aetieff. The City shall ne
B 2. The f„e...;.,.
infFac-tien at the dise-efien 4The cGode agreement aFe smis€ied, ether thansteps
eEnforcement %fficer_:has the discretion toneraessar-y to te....in to the e.feme...e..t net en
include in the Notice of Violation an
invitation to contact the eGode eEnforcement .
g9fficer to discuss any questions the The f;l„«e to eemply ..,; • tefm of the
respondent may have about the alleged
violation, the requirements for compliance; Adifienal and sepafa4e in4aetion,and shall
and any possibility of entering into a be handled in aeeer-danee with the pr-ese'
established this
eh apter7 a ft
ept that -Aer
Compliance Aereement. (Ord. 02-27, Ord.
86-20 §1(Exhibit A(5)(C)(8)), 1986).
1.16.190 Failure tT-o Respond _t"lo issued. The City m nlne p eea th,e
Notice:
If notice is given, and the respondent 27, OFd. 86 29 §I(>r.. ibit ASS"r"'n",
either receives or rejects the netiee--e€ 4-9W.
Notice of Violation and fails to
feffwdyate er---ewe-the alleged infraction 1.16.210 Civil Infraction Summons
within the time specified in the Notice of mAnd Complaint-Timing:
Violationnetiee—o€ -infiertion, the geode
gEnforcement gAfficer shAmma serve the _A civil infraction summons and
respondent with a civil infraction summons complaint may be served on the respondent:
and complaint. (Ord. 02-27, Ord. 86-20
§I(Exhibit A(5)(C)(9)), 1986).
4-& Immediately upon discovery
1.16.200 - v luntfiFy r.,,..plia,,..e of the infraction;
Agreement.
B2-. Where the responat-pgri
1 ,tiff et of gr-eement given in a nNotice of i TViolation is
ad the response period in the vielation
a. The Cede Enfereement Offie rletiffl-e-Mien-has expired;or
agr,emeat A4� the respondent. The 3C. Where the period for
compliance given in a yvoluntary
eemplianee ,d shall be binding on the Ceompliance agreement
respondent-. ,when the period fe
eemplianee-13as-expired and the infraction has
ExHmIT A,-PAGE 13
not been eere$ W. (Ord. 02-27, Ord. 86- o7. The time, date; and
20 §1(Exhibit A(5)(D)(1)), 1986) . location at which the respondent is to appear
in court;
1.16.220 Civil Infraction Summons
&And Complaint-Process h8. A notice that a
Requirements-. complaint based on the violation will be filed
with the court;
�A—The physical form taken by a
civil infraction summons and complaint is not 0. The amount of the
material. What is material is the substance, maximum civil penalty for the infraction;
the information contained therein. The City
may utilize various physical formats for the An explanation of the
summons and complaint. ng fef ." —R;;d respondent's obligation to appear at the
" hearing and that a monetary judgment may be
other-f4mats may be The state uniform entered for up to the maximum penalties
citation may be used. Any form prepared by if the respondent fails to make all required
the r ty should normally contain or solicit court appearances;
the following information, but no complaint
or summons shall be considered invalid for k-I L--A space wherein the
failure to comply with these rules, so long as respondent may admit having committed the
the basic information regarding the infraction alleged infraction;
and the court date is included.
I 112. The time period for
. The civil infractions returning the form to the court;
summons and complaint shall contain the
following information: m1j. A notice that, if the
respondent admits having committed the
al. The name and infraction as charged,payment, in the amount
address of the respondent; shown on the summons and complaint or as
agreed with the code enforcement officer
b�. A description of the pursuant to 1.16.660 of this chapter, as may
infraction that can be understood by a person be appropriate, must accompany the
making a reasonable effort to do so; admission;and
--o3-.--:Me date, time; and a14. A form of
place at which the infraction is alleged to have verification that the person signing the
been committed. If the infraction is alleged to complaint swears that the person has
be ongoing, the civil; infractions summons reasonable grounds to believe, and does so
and complaint shall so state and shall list a believe, that the respondent committed the
date on which the infraction was observed; alleged infraction. (Ord. 02-27, Ord. 86-41
§§I -4, 1986;.Ord. 86-35 §§l -4, 1986; Ord.
d4. A file or reference 86-20§I(Exhibit A(5)(D)(2)), 1986).
number;
1.16.230 Civil Infraction Summons
e5. The date the civil aAnd Complaint-Service-
infraction summons and complaint was Failure To Receive-
issued; Default=
€¢. The name of the code A. Service of the civil
enforcement officer issuing the citation; infraction summons and complaint---shallg
made consistent with the requirements of the
EXHIBIT A,-PAGE 14
Oregon Rules of Civil Procedure and may be 4a No default shall be entered
made by: against any respondent without proof that the
respondent had notice of the civil infraction
1. pP_ersonal service on summons and complaint. A sworn affidavit
the respondent or an agent for the respondent, of the-qGode tBnforcement QOfficer outlining
the method of service,including the date,time
2. IV sSSubstitute and place of service shall create a rebuttable
service at the respondent's dwelling or office;, presumption that the respondent had such
notice. (Ord. 02-27, Ord. 89-21 §1, 1989:
3. by--aAffixing to the Ord. 86-20 §I(Exhibit A(5)(D)(3)), 1986).
main door of the property or premises,or by
1.16.240 Civil Infractions Summons
4. eC ified mail, AAnd Complaint-
return receipt requested, to the respondent at Respondent's Response
his last known address. Required:
B. In the event of substitute A4-. Response Requifed. A
service at the respondent's dwelling, the respondent served with a civil infraction
person served must be at least feuAeenrL4 summons and complaint shall respond to the
years of age and residing in the respondent's complaint by personally appearing at the
place of abode. scheduled first appearance in court or by
making a written response by mail or personal
C. Service at the respondent's delivery to the gGourt.
office; must be made during regular business
hours. Substitute service at the respondent's 112- Admission.• If the respondent
office must be made to the person who is admits the infraction, the respondent may so
apparently in charge. indicate on the summons and forward the
form to the Gpourt. Payment in the amount of
D. f substitute service is used;a the civil penalty for the infraction, as shown
true copy of the summons and complaint, on the summons or as agreed with the Ggode
together with a statement of the date,time and me Offiee�
place at which service was made, must be pursuant to section 1.16.420--C604660f
mailed to the respondent at the respondent's this ehapteFgh= shall be submitted with
last known address. Service will be the response. An appropriate findings shall be
considered complete upon such a mailing. entered in the records of the GMl-�
iInfraction Hea gs- in fficer
E. Service by any other method indicating the receipt of the civil penalty.
reasonably calculated, under all the
circumstances, to apprise the respondent of C3 If the
the existence and pendency of the infraction respondent does not admit the infraction, the
and to afford a reasonable opportunity to respondent must appear at the scheduled first
respond shall be acceptable. appearance in .
2E. Service on particular 1. At the first
respondents, such as minors, incapacitated appearance, the respondent may deny the
persons, corporations, limited partnerships, infraction and request a hearing, admit the
the state, other public bodies and general infraction,or not contest the infraction.
partnerships shall be as prescribed for the
service of a civil summons and complaint by 2. f the respondent
the Oregon Rules of Civil Procedure. either admits or does not contest the infraction
the respondent shall be given the opportunity
EXHIBIT A,-PAGE 15
to provide a statement. Based on the request that witnesses be ordered by subpoena
statement provided by the respondent and any to appear at the hearing. The respondent shall
additional information provided by the j2Gode make such request in writing to the Gpourt at
enforcement gAfficer,the_cGivil iinfractions least five days prior to the scheduled hearing.
hHearings gAfl'icer shall impose a syil
penalty not to exceed the maximum civil B. -2-.–Subject to the same five-
penalty allowed for the infraction. day limitation, the Cede—Enferseliient
O€fiserGedecode enforcement officer, the
3. If the respondent citizen who signed the complaint; or the
requests a hearing, a hearing shall be GAyc_j1y A4ttorney, as appropriate, may also
scheduled. (Ord. 02-27, Ord. 86-41 §5, 1986; request in writing that the Ggourt order certain
Ord. 86-35 §5, 1986; Ord. 86-20 §1(Exhibit witnesses
A(5)(E)), 1986). to appear by subpoena.
1.16.250 No Right I-To Jury: C. f a civil penalty is declared
in the final order, the order shall also provide
Any hearing to determine whether an that the respondent shall pay any witness fees
infraction has been committed shall be held payable in connection with the hearing. (Ord.
before the CiAl 6i Lil nfraction 02-27, Ord. 86-20 §1(Exhibit A(5)(F)(4)),
Hearings- e ri fi r without a 1986).
jury. (Ord. 86-20 §1(Exhibit A(5)(F)(1)),
1986). 1.16.290 Hearing-Admissible
Evidence:
1.16.260 Representation Py
Counsel= A-1,_ Admissible issible B-Adenee
a. Re= nt &�.The hearing
The respondent may be represented shall be limited to production of evidence
by legal counsel; however, legal counsel shall only on the infraction alleged in the
not be provided at public expense. Written complaint.
notice shall be provided to the 14earings
hearingsIc r and Cede--sic ee Rk Ofal Evidenee al evidence
Enfiemeineat f r m nt OfseF-officer no shall be taken only upon oath or affirmation
later than five days prior to any appearance by administered by the gGivil Alfractions
legal counsel at an appearance or hearing. hHearings Ogfficer.
(Ord. 02-27, Ord. 86-20 §1(Exhibit
A(5)(F)(2)), 1986). -Ce– _
Evidence shall be admitted if it is of the type
1.16.270 Opportunity Tin Pe Heard which responsible persons are accustomed to
-Cross-Examination: rely on in the conduct of serious affairs,
regardless of the existence of any common
At a hearing a respondent shall have law or statutory rule which might render such
the right to present evidence and witnesses in evidence inadmissible in civil actions in
the respondent's favor, to cross-examine any courts of competent jurisdiction in this state.
witnesses who testify against the respondent,
and to submit rebuttal evidence. (Ord. 02-27, pd, E*slusien--of Evideaee:
Ord. 86-20 §I(Exhibit A(5)(F)(3)), 1986). Irrelevant or unduly mpefitieHsrenetitious
evidence shall be excluded.
1.16.280 Witnesses: ,
EXHIBIT A,-PAGE 16
pfepeadeFmee of the "dense. (Ord. 86 20 Upon a finding that the infraction was
§ (E*hibit """F""and(6)), 1986)-. committed by the respondent, the hHearings
oWicer may Fequiry the issue an Order to
M&M Burden of Proof Abate requiring the respondent to abate the
ordinance infraction within a specified time
The complainant or,if the 40-city is the period identified in the final order. Orders to
complainant, the pGode gEnforcement Abate issued under this section may only be
9€2fticer, shall have the burden of proving annealed pursuant to 1.16.330. (Ord. 89-21
the alleged civil infraction by a preponderance §3, 1989).
of the evidence. (Ord. 86-20 §1(Exhibit
A(5)(F)(5)and(6)), 1986). 1.16.320 Hearing,-=Records:
1.16.300 Hearing-Decision W The CetH4 -i-,Q�shall maintain a
Hearings Officer: record of the hearing proceedings. A
mechanical recording of the hearing,
—A —The hHearings oAfficer accompanied by any written documents,
shall determine if the respondent committed correspondence or physical evidence
the infraction as alleged in the complaint. associated with the matter; shall be sufficient
to meet the requirements of this section.
B. When the infraction has not (Ord. 02-27, Ord. 86-20 §1(Exhibit
been proven, a written order dismissing the A(5)(F)(9)), 1986).
complaint shall be entered in the .0Gourt
records. 1.16330 Finality 09f Decision -
Appeals.
C—When the Hhearings Agfficer
finds that the infraction was committed, The determination of the #hearings
written findings shall be prepared which set 9f Aiw officer shall be final. Review of the
out sufficient information to substantiate the Hhearing 0officer's determination shall be to
commission of the infraction. the circuit court by writ of review,pursuant to
Chapter 34 of the Oregon Revised Statutes.
D. Written orders, including (Ord. 86-20 §1(Exhibit A(5)(F)(10)), 1986).
findings, shall be prepared within ten working
days of the oral decision. The gGourt shall 1.16.340 Remedial Action$ltyAhe
serve true copies of the hHearings o0fficer's City=EestsSummary
findings, order and judgment on all parties, Abatement
either personally or by mail. (Ord. 02-27,
Ord. 89-21 §2, 1989: Ord. 86-20 §1(Exhibit Upon finding that an
A(5)(F)(7)), 1986). infraction was committed, as determined by a
final decision of the #hearings Agfficer, the
1.1305 rs.Q Penalty Abatement ent C1pity may, after obtaining a warrant to enter
Requifements. the property and abate the infraction,
r-emedygroceed to abate the infraction and
Upon a finding thast dhe i—a- efien was charge the Wil-abatement costs back to
eemmiged by the respondent, the Near-ings the respondentursuant to 1.16.680.C.For the
OffieeF may require the fespendent to abate purposes of this subsection "a final decision
of the #hearings %fficer" means a final
. decision for which judicial review was not
89 71 §3 1989). sought within the time allowed by law or a
decision of the 14hearings Agfficer that was
1.16.310 Order to Abate-Judicial upheld by a final decision in the judicial
EXHIBIT A,-PAGE 17
review and appeal process. (Qrd. 02 27,Ofd. 99 01;—rd. 96 20
a 71(Exhibit A(6)), 19961
2. in the ease of an immediate dange.-
to the publie health safety o elfafe deelered
under- eetion 1.16.150 of this-eede, the 1.16.350 Default Judgment:
nay—remedy—the iaftfaetie; -anted--sharge the
remedial eest baek to the respondent, after Subject to the limitations set forth in
obtaining e waffant to enter the p pert.. and Section 1.16.2304, a default judgment shall
_R h- t-hein4astien—1 the ir:rr�rediatedaRger be entered in an amount up to the maximum
civil penalty applicable to the charged
immediate death or-physieal ifijui=y to per-sens, infraction if the respondent fails to appear at
the City may abate the infraetion without the scheduled hearing. (Ord. 02-27, Ord. 86-
obtaining ..t :f the delay ..tea 20 §1(Exhibit A(7)), 1986).
with A-Wainifig tlilidra" "t ,.ld o"quit in
increased risk of or- injury, and may 1.16.360 Enforeement Rules And
eharge—the.—ren}edial eeJts bacA to tl;e Regaintions:
-1eEod-te Err v"rcementOffieer is
The Gode Enfefeement Off;eer shell ..therized to promulgate any Fules he a she
have the right at r-easenable times to entef inte siders to nferee this ehaptiff,
investigate-of to r-emedy the infiaetien. This by the City Geoneil by resolution. (Ord. 02
77 llyd 96 20 P.!(Exhibit A(!0)) 1986).
federal law,
4. The Finanee Off:eer shell keep an 1 When e judgment : reader-ed by the
aeour-ate r erd of e11 eats ...-e,7 by the Nearings n#:ee.- in favor- of the City fe- the
City in Feffiedying the infiaefion. The Finanee. sum of ten dollars or-fnefe, eltisiye ef eeste
Offieef shall notify the fespendent by eet4ified- miazhe
d d ishursel�lentS, the Code Hnfo f at
—cv
mail, re quested, of these eests,
nff:eer shell at eny time thereafter ..,hits the
andadvise the re .,ndet that the costs . .:11
he assessed to and beeeme a lien against the Finanee Off:eer eert:fied tr-anse.-ipt ef all
ndent's p erry if not paid within thii4y those entrkeS—made—in the aeeket of days of the tl,e
e
respondent that the fespendent is entitled to a ..L:eh the:ude,....e„t. as nte,-e.i
he a to ntest the nt of the e sts to
be 2. Upen e e pt of this traaser:r.t i the
17:.,anee. Of-Wer stall enter- the judgment of
S. The re «dent shell be. eant:tied to the Hearings !1#:ser on the City's lien doerequLet
est hearing to side.• the amount of
the costs assessed--te remedy—theel— lleged 3. F-Fom the time of entf-1,e€ the
infffaetio~ That Leering stall be ndue-ted j-udgmeat--oft the City's—lien deeket,e
pursuantto the pcviceaiicS—cstabrished in }ud g}eHt shall be riei3up9i3 the re-al
Seetions 1.16.2-50 through 1 1 6 330 of this plop rt., of the per-sonagainst .,hem the
as provided in 16.16.370.4 of thi
,
6. if the re ed:al ests a of paid
, entf-y of the judgment in the City's lien deeket
the Finanee Offiieer shall fell", the shall the lien of the
pfoeedur,es for- lien fling and deeketing judgment more than ten years fr9m--the-
.,tained in Ceetion 1 16.370 of this ehapter, al entry of the judgment at the hearing
EXHIBIT A,-PAGE 18
1.16.385 FoiluFe To Comply With
4. Whenever ajudgment of the judgment Order,
Hearings t•eer whieh has been entered
pursuant to this subseetion is renewed by the Failure to abate a „f-aetion o pay-the
Hearings Offleer, the—lien—established-13y
I 16 1:70 3of this seetion-is-aoten�ie�ally time allowed f _ Or- e.t �l, 11
extended ten yearsthe dateef the eonstiPate „ Class 1 , .it iiiffaetion. Failure to
Ver eemply with judgment rile eamntifmeus
„4aetion aod a sep-arate „f-aet;,,., will be
3. The Fina„ee Offieer- shall file the
deemed to oes-ur- eeaalkondar-day the failiff-e-
tr-anser-ipt thejudgmentwith the t, eemply infiaetiom .times to exist past
Washington Ceunt y Clerk for- enw), in the the-time-alle wed-;n the judgmentorder(Or�
}tldg eot deelEet of the eirsairseert. =411-pests 99 21 tz.t 1999),
asseeiated with the filing ef the tr-anser-ipt
,;:h-;;]]-be-Added to the amount ef the judgment. 1.16.390 Penalty Payment Due
1 16.380 Eo,:.fiff-moud.;InURetiens: Any eivii penalty assessed a> alt we ..a:a
later- than thif:t„ days after- the final order,
Whe., an infiaetion is of „t:,.,,eus Such period m be extended upon order- o
at a unless „the e e ;Feats. pr-evided, the Hearings Offieer, (Or-d. 86 20 §l(Exhibit
e
,ate :„f aetion shall be deemed to
on aeh ealendar- day the in4:.aetion a „times
nr- i0 §l(Ex ibit n/ov n)�
t8 e3HSt�v= �l ,
to
ARTICLE III,ADMINISTRATIVE ENFORCEMENI
116.400 Order to Abate-Administrative
1,16,410 Abatement by the Responsible Party
1.16.420 Order to Abate-Administrative-Appeals Process
1,16,430 Abatement by the City
1,16,440 Judicial Review
ARTICLE III.ADMINISTRATIVE , 1986).
ENFORCEMENT
A. Upon finding any of the
following the code enforcement officer may
1.16.400 penalty- cause an Order to Abate to be posted on the
.Order to subject property and mailed to the owner and
Abate-Administrative each other known responsible party:
1. A violation exists,or
following entegor-ies.s 2. Any responsible party
is not responsive or cooperative after
1. C;Ass 1 ii"FQetio:rs; receiving a Letter of Complaint.or
2. ERs r2WfQetiens; 3. A recipient failed to
comply with the terms of a Voluntary
3. Class 3 >aetions. (Or-d. 9-6- I0 Compliance AQreemcnt.
EXHIBIT A,-PAGE 19
6. A statement that
B. The order shall require the failure to abate an infraction may result in
respondent to abate the ordinance infraction imposition of an administrative fee or lien on
within a specified time period. he property.
C. Prior to mailing or posting an 7. A statement that the
Order to Abate the code enforcement officer responsible party may protest the Order to
must have probable cause to believe that a Abate by giving notice to the code
civil infraction exists, based on personal enforcement officer within 10 days following
observation of the violation by the code the date of the order. Contact information for
enforcement officer or other credible the code enforcement officer shall bei
ncluded
authority, in the Order to Abate.
D. The code enforcement officer F. Upon completion of mailing
shall cause a cony of the Order to Abate to be and posting, the persons mailing and posting
posted on the premises at the site of the shall execute and file certificates stating the
violation. date and place of the mailing and posting.
respectively.
E. An Order to Abate shall be
mailed by first class or certified mail to the G. An error in the address or
last known address of the responsible party._ name of the responsible party shall not make
An Order to Abate shall contain: the Order to Abate void, and in such case the
posted notice shall be sufficient.
1. A description of the
real property, by street address or otherwise. 1.16.410 Penalty—
on which the infraction exists. Assessment.Abatement by
the Responsible Party
2. The date of the order.
The eivil penalty to-be
3. A direction to abate assessed for-a speeifie
the infraction within no less than 10 days and infr-fietion shall be as
no more than 30 days from the date of the follows.,
order.
- - 1. POF GIRSS1 infFaetions,
4. A description of the an amount not to eikeeed
infraction. ;
5. A statement that. 2. POF CIOSS 2;ifr-aetie�ts�
unless the infraction is removed: an amount not to eikeeed
a. A warrant_
may be obtained. 3. For Class infr-aetions,
an amount not to eikeeed
b. The city may
abate the infraction.and ,
C. The cost of
abatement will be charged to the responsible A. Within the timeline specified
party. in the Order to Abate, the responsible party
shall abate the infraction or appeal the Order
to Abate pursuant to 1.16.420.
EXHIBIT A,-PAGE 20
B. Upon receipt of a written
B. Any responsible party statement of protest from a responsible party.
intending to abate the infraction shall provide the code enforcement officer shall. within 10
notice to the code enforcement officer before days of receipt of the protest. schedule a
abating the infraction and shall allow the city hearing before the civil infractions hearings
to inspect during and on completion of the officer,to be held within 30 days of receipt.
abatement. The notification shall state how
the infraction will be abated, when it will be
abated,and who will be abating it. C. At the hearing set for
consideration of the infraction, the person
1.16.415 Penalty Repent protesting_may appear and be heard by the
ielsttiens: civil infractions hearings officer and the civil
infractions hearings officer shall determine
whether or not an infraction in fact exists.
The city manager is authorized to draft and
11.116-Allo above shoU opt rules and policies to provide for a civil
doubled in the event infractions hearings officer review process
the respondent is found in consistent with this subsection and principles
f due process. The civil infractions hearings
simfloF Aolation within 24 Officer's determination shall be required only
months of the Wtial in those cases where a written protest has
,Aolation and quadFupled in been filed-as-provided in this section.
subsequent r-epetition D. If the civil infractions
within 34 MARthm of
hearings officer determines that an infraction
Wfifil A61666H. (OW.02 does in fact exist, the responsible party shall.
3�} within five days after the civil infractions
hearings officer's determination, abate the
1.16.420 =Pe —P-AOF tO infraction.unless the civil infractions hearings
#eegOrder to Abate---- officer determines that the responsible pAdy
Administrative—Aoneal should not be given the opportunity to abate
Process or unless the civil infractions hearings officer
decision allows a period of time greater than
The G
amount of the penalty to be E. The civil infractions hearing,
paid by the Fespeadent;i icer may determine that the responsible
the penalty amount is paid arty for the infraction should not be given
in fuR on or-before the time the opportunity to abate only if the civil
on-d-d--nte of the fiFst infractions hearings officer fmds that the
responsible party for the infraction is unlikely
to properly abate the infraction. The
A. A responsible party- determination that a responsible party is
protesting that the alleged infraction does no unlikely to properly abate the infraction shall
exist shall file with the code enforcement be based on the findings as to one of the
Icer a written statement specifying the
basis for the protest before the abatement date
specified in the order or at most within--W 1. Whether the person
days of the date of the notice. Standing to acted intentionally or whether the infraction is
protest is limited to a responsible party. egregious:or
EXHIBIT A,-PAGE 21
2. Whether the person 1.16.430 Abatement by the City
had knowledge that the action was a violation
of state law or city code: or If. within the time allowed. the
infraction has not been abated by the
3. Whether the person responsible party, the city manager may cause
has the professional expertise to perform the the infraction to be abated by securing an
abatement abatement warrant pursuant to sections
1.16.110 through 1.16.114.
1.16.425 Delinquent Civil Pennies.
1.16.440 Judicial Review
Delinquent eiv-il penalties and
imposed by default ...figment .,hieh weFe Judicial review of a decision of the
assessed fer infraetiens may, in addition to civil infractions hearings officer on the appeal
any other- fnethed, be a"eeted n fo-eed of an Order to Abate shall be on the record by
pur-stiant to Oregon ReVised Stawtes 1011 Q— writ of review pursuant to ORS Chapter 34
(Ord 02 27, Ord 96 20 §1(Exhibit A iQvE)) and not otherwise.
1-9$ }f
ARTICLE IV. PENALTIES,FEES AND COSTS
1.16.600 Continuous Infractions
1,16.610 Failure to Comply With Judgment Order,Order to Abate or Notice of Assessment
1.16.620 Penalties,Fees and Costs-Payment
116.630 Penalties and Fees-Classifications
1.16.640 Penalties and Fees-Amounts to be Assessed
1.16.650 Penalties and Fees-Repeat Violations
1.16.660 Penalties and Fees-Prior to First Appearance in Court
1.16.670 Delinquent Civil Penalties,Fees and Costs
1.16.680 Penalties,Fees and Costs-Assessment
1.16.690 Administrative Fees and Costs-Notice of Assessment
1.16.700 Administrative Fees and Costs-Notice of Objection and Hearing
1.16.710 Penalties.Fees and Costs-Collection.Lien Filing and Docketing
ARTICLE IV.PENALTIES,FEES AND COSTS
1.16.38060 Continuous Infractions a judicial Order to Abate an infraction or pay
Ikea civil penalty or court costs imposed
When an infraction is of a continuous within the time allowed for abatement or
nature,unless otherwise specifically provided, payment shall constitute a Class 1 civil
a separate infraction shall be deemed to occur infraction.
on each calendar day the infraction continues
to exist. (Ord. 86-20 §1(Exhibit A(8)(A)), B. Failure to comply with an
1986). administrative Order to Abate an infraction or
to pay an administrative fee or statement of
1.16.385610 Failure Tto Comply With administrative or abatement costs within the
Judgment Orderer time allowed for such abatement or j2a_vment
Abate or Notice of in a Notice of Assessment shall constitute a
Assessment Class I Civil Infraction.
A. Failure to Anti-. mpl�v withwith C. Failure to comply with a
1xHIBIT A,-PAGE 22
judgment order, an Order to Abate or a Notice amount:
of Assessment is a continuous infraction and a a. Computed
separate infraction will be deemed to occur in a manner established by administrative rule
each calendar day the failure to comply pursuant to 1.16.105
infraction continues to exist past the time
allowed in the judgment order. (Ord. 89-21 b. For the
§4, 1989). entire period the violation exists and not for
each day of the violation.
1.16.390M Penalties Fees and Costs-
Payment Due When $3. For Class 2 infractions, an
amount not to exceed wed--€'..Ix
Any civil penaltyadministrative fees. deIIafs$ 50 nem dav;
or g9sts assessed shall be paid no later than 30
dAy§==tho-after the final order or the _C3. For Class 3 infractions, an
date of notice. Such period may be extended amount not to exceed fifty dellam$50 per day.
open order-of the Hear-ings Offiee (Ord. 86-20 §1(Exhibit A(8)(D)), 1986).
enforcement officer for the administration
process or upon order of the hearings officer. 1.16.4V-kfM Penalties and Fees —
(Ord. 86-20 §1(Exhibit A(8)(B)), 1986). Repeat Violations
1.16.4006M Penalties and Fees- The maximum amounts of the
Classifications civil penalties and administrative fees set
forth in seetie~n 1.16A401.16.640.A.1.
For the purpose of determining civil 1.16.640.13 and 1.16.640.0 above shall be
penalties and administrative fees, infractions doubled in the event that the respondent is
are classified in the following categories: found in violation of a second and similar
violation within 24 months of the initial
A. Class 1 infractions; violation and quadrupled in the event of a
third or subsequent repetition within 24-
B. Class 2 infractions; months of the initial violation. (Ord.02-27).
C. Class 3 infractions. 1.16.420§0 Penaltigy and Fees — Prior
(Ord. 86-20 §1(Exhibit A(8)(C)), 1986). to First Appearance—in
court
1.16.44064Q Penaltyk and Fees --
Amounts to be The Gcode Eenforcement Aoffncer is
Assessralment authorized to reduce the amount of the-a civil
penalty that could be imposed or the amount
The civil penalty or administrative fee of an administrative fee to be paid by the
to be assessed for a specific infraction shall be r-espeadent, if compliance has been achieved
as follows: and the penalty amount is to be paid in full on
or before the time and date of the first
A4-. For Class 1 infractions, appearance in court or before the timeline set
out in a Letter of Complaint or an Order to
1. eAn amount not to Abair. (Ord. 02-27).
exceed $250 per dav
under either the judicial or the administrative 1.16.42-430 Delinquent Emil Penalties,
enforcement process.or Fees and Costs
2. Under the Delinquent civil penalties.
administrative enforcement process. an administrative fees; or costs and
S
EXHIBIT A,-PAGE 23
dH)seRLnAUiM imposed by default judgment B. That the total amount of the
mays» fees and costs as indicated will be assessed to
addition to any other-methed, be collected or and become a lien against the property of
enforced pursuant to Oregon Revised Statutes persons responsible for the violationunless
30.310 or any other method. (Ord. 02-27, paid within 30 days from the date of the
Ord.86-20 §I(Exhibit A(8)(E)), 1986). notice•
1.16.680 Penalties.Fees and Cost. -
Assessment C. That any responsible party for
the fees and costs may file a written notice of
A. Upon a fording by the civil objection to the amount of the fees and costs
infractions hearings officer that an infraction with the code enforcement officer not more
was committed by the respondent,, the dU than 10 days from the date of the notice.
infractions #hearings Oofficer may assess a
civil penalty pursuant to Sections 1.16388 1.16.700 Administrative Fees and
1.16.600 ' 'r 6�420-1,16,6504-this Costs-Notice of Objection
ehapte ,plus heaF;ng-costs,and witnes fiees if and Hearing
If an objection to an administrative
B. Upon a finding by the code fee or costs is filed as provided in Section
enforcement officer that an infraction was 1.16.690, the code enforcement officer shall.
committed by the respondent and if, within within 10 days, cause a hearing to be
the time allowed in an Order to Abate, the scheduled to be held within 30 days before the
infraction has not been abated by the civil infractions hearings officer. The civil
responsible party, the code enforcement infractions hearing officer shall hear the
officer may assess an administrative fee objection and determine the amount of the fee
pursuant to Sections.1.16,600 - 1.16.650.plus and costs to be assessed including the costs to
9D-9& the city of responding to the objection if the
C. For abatement of a violation city's posjtjon is sustained.
by the city by judicial process pursuant_ to 1.16.710 Penalties,Fees and Costs—
Section 1.16.340 or administrative process Collection,Lien Filing and
pursuant to Section 1.16.430 the code
enforcement officer shall keep an accurate
record of the costs incurred by the city in A4-. When a judgment is rendered
abating the violation. The total amount of by the hearings officer in favor of the city for
these charges will be assessed against the the sum of�S100 or more
qld 1"
i le party as the cost of abatement. of co qatid disbtffsemefAs, the Bode
1.16.690 Administrative Fees and lanforcement Ogfficer shall, at any time
Costs-Notice of Ac eccment thereafter while the judgment is enforceable,
file with the City Ffinance 92fficer a
certified transcript of all those entries made in
Upon the assessment of the docket of the hearings officer with respect
administrative fees or costs pursuant to to the action in which the judgment was
Section 1.16.680 the code enforcement officer entered.
shall forward to all persons responsible for the
violation a Notice of Assessment stating: _AJPO_feeeipt of
A. The total administrative fees tmnser-ipt'
the Finanee Offiser- shall enter- the
d costs,if any,assessed for the violation: hen An assessment of the
EXHIBIT A,-PAGE 24
administrative fees and costs as stated in the Washington County Clerk for entry in the
Notice of Assessment shall be made if judgment docket of the circuit court. All costs
associated with the filing of the transcript
1. No objection to shall be added to the amount of the judgment
administrative fees and costs is filed as statement.
provided in Section 1.16.700 or:
2. Fees or costs remain
api2licable following a hearing on an obiection
and the fees and costs are not paid within 30
days from the date of the notice or the date of
the hearing order.
C. The code enforcement officer
shall file with the city finance officer a
certified statement of the total fees and costs
dw-
D. Upon receiving the statement
of total fees and costs due or the certified
transcript,, the G.-city Ffmance Agfficer shall
enter that total on the 49-city's lien docket.
E. The city may bring legal
action to collect any civil penalties,fees.costs
r interest provided for in this chapter. The
city may also use a professional collection
agency, or cause the full amount of civil
penalties, fees, costs or interest owed to be
entered into the city's lien docket and. from
the time of entry on the city's lien docket it
shall constitute a lien upon property of all
persons responsible for the violation.
F. A lien shall bear interest at
the rate of nine percent per year. Such interest
shall commence to run from date of the entry
of the lien in the lien docket.
G. An error in the name of any
person to whom notice is sent shall not void
the assessment, nor will a failure to receive
the notice of the proposed assessment render
the assessment void,but it shall remain a valid
lien against property of the responsible party
for the violation.
f -The f1_finance AQ_fficer shall
file the statement of total fees and costs due or
flit-transcript of the court judgment with the
EXHIBIT B-1-PAGE 1
Chapter 7.42 CHRONIC NUISANCE
PROPERTY. (1) The owner and the owner's agent, as
shown on the tax rolls of Washington County;
Sections:
(2) The resident of the property, as shown
7.42.010 Short Title. on the records of the Water Department.
7.42.015 Incorporation Of State Statute.
7.42.020 Dermitions. (c) After three occurrences of any of the acts or
7.42.030 Chronic Nuisance Property. behaviors listed in Section 7.42.020(c) of this
7.42.040 Prefiling Notification Code within a 60 day period, notification shall be
Procedure. provided as described in Subsection (b) of this
7.42.045 Commencement Of Actions; section. (Ord. 94-11).
Summons And Complaint.
7.42.050 Remedies. 7.42.045 Commencement Of Actions;
7.42.060 Defenses; Mitigation Of Civil Summons And Complaint.
Penalty.
7.42.070 Closure During Pendency Of (a) A uniform infraction summons and
Action; Emergency Closures. complaint, containing the following parts, may be
7.42.080 Enforcement Of Closure served upon any responsible party for chronic
Order; Costs; Civil Penalty. nuisance property, citing that party into Municipal
7.42.085 Tenant Relocation Costs. Court.
7.42.090 Attorney Fees.
7.42.100 Severability. (1) The summons;
7.42.110 Nonexclusive Remedy.
(2) The complaint;and
(7.42.010 through 7.42.030—no change) (3) A description of the alleged occurrences
leading to violation of this Chapter, stating the
7.42.040 Prefiling Notification times and places of those occurrences.
Procedure.
(b) The uniform infraction summons shall
(a) Except as otherwise noted herein, contain the following information:
notwithstanding Subsection 1.16.060.13kb4 of this
Code, this section sets out procedures to be used (1) The file number;
in processing an infraction of this Chapter.
(2) The name and address of each
(b) After two occurrences of any of the acts or respondent;
behaviors listed in Section 7.42.020(c) of this
Code within a 60 day period, the Chief of Police (3) The infraction with which the
shall provide notification via certified mail, respondent is charged;
stating the times and places of the alleged
occurrences and the potential liability for violation (4) The date, time, and place at which the
of this Chapter, to all responsible parties for the hearing on the infraction is to take place;
property. Responsible parties for a given property
shall be presumed from the following: (5) An explanation of the respondent's
EXHIBIT B-1-PAGE 2
obligation to appear at this hearing, and that 1.16.230.G(c-) of this Code, a default judgment
failure to appear may result in a default judgment may be entered against a respondent who fails to
being taken against the respondent; appear at the scheduled hearing. Upon such
judgment, the Court may prescribe the remedies
(6) An explanation of the respondent's right described in this Chapter. (Ord. 94-11).
to a hearing, right to representation by counsel at
personal expense, right to cross examine adverse (7.42.050 through 7.42.070-no change)
witnesses,and right to compulsory process for the
production of witnesses; 7.42.080 Enforcement Of Closure
Order;Costs; Civil Penalty.
(7) notice that the cost of the hearing,
including witness fees, may be charged to the (a) The Court may authorize the City to
respondent if the final order of the Court finds that physically secure the property against use or
the property is a chronic nuisance property. occupancy in the event that the owner(s) fail to do
so within the time specified by the Court.
(c) The uniform infraction complaint shall
contain the following information: (b) The Court may assess on the property owner
the following costs incurred by the City in
(1) The date, time, and place the alleged effecting a closure of property:
infractions occurred;
(1) Costs incurred in actually physically
(2) The date on which the complaint was securing the property against use;
issued;
(2) Administrative costs and attorneys fees
(3) A notice to the respondent that a civil in bringing the action for violation of this Chapter.
complaint has been filed with the Municipal
Court. (c) The City Manager may, within 14 days of
written decision by the Court,submit a signed and
(d) Service of the summons and complaint shall detailed statement of costs to the Court for its
be accomplished as described in Section 1.16.230 review. If no objection to the statement is made
of this Code. In addition to the affidavit described within the period prescribed by Oregon Rule of
in Subsection G(e-)of that section,a return receipt Civil Procedure 68, a copy of the statement,
of certified mailing which indicates delivery of including a legal description of the property, shall
the summons and complaint to the respondent's be forwarded to the Office of the City Finance
last known address, or a certified mailing which Director who thereafter shall enter the same in the
has been returned by the Post Office "unclaimed," City's lien docket in the same manner prescribed
shall also create a rebuttable presumption that the by Section '.'T�00 1.16.7 10 of this Code.
respondent had the required notice.
(d) Persons assessed the costs of closure and/or
(e) The hearing for determination as to whether civil penalty pursuant to this Chapter shall be
an infraction has been committed shall take place jointly and severally liable for the payment
in the manner described in Sections 1.16.250 to thereof to the City. (Ord.03-08,Ord.94-11).
1.16.300 and 1.16.320 of this Code.
(7.42.085 through 7.42.110—no change)
(f) Subject to the limitations of Subsection
EXHIBIT B-2-PAGE I
Chapter 7.74 EMERGENCY OPERATIONS.
Sections:
7.74.000 Emergency Management Code.
7.74.010 Short Title.
7.74.020 Emergency Management Plan.
7.74.030 Agreements.
7.74.040 "Local Emergency"Defined.
7.74.050 Adoption of the National
Incident Management System.
7.74.060 Executive Responsibilities and
Line of Succession.
7.74.070 Declaration and Ratification of
a Local Emergency.
7.74.080 Declaration of Emergency—
Authorized Procedures.
7.74.090 Violations—Penalties.
(7.74.000 through 7.74.080-no change)
7.74.090 Violations—Penalties.
No person shall knowingly violate any
regulation promulgated pursuant to this chapter,
and imposed in a state of emergency declared
pursuant to this chapter; nor shall any person
knowingly violate any reasonable order issued by
city emergency personnel during periods of
declared emergency. Violation of an emergency
regulation or order is a Class 1 civil infraction and
shall be prosecuted as set forth in Chapter 1.16 of
the Tigard Municipal Code, except that,
notwithstanding TMC Section 1.16.640.A.1
1.16.410(i), the minimum fine upon conviction
shall be not less than $250.00 and not more than
$1,000.00 per offense. Each day of violation shall
be deemed a separate offense for purposes of
imposition of penalty. (Ord. 10-03 § 1). ■
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EXHIBIT B-3—PAGE 1
Chapter 12.02 SANITARY SEWER AND (12.02.100-no change)
SURFACE WATER
MANAGEMENT.
Sections:
12.02.010 Title.
12.02.020 Definitions.
12.02.030 Purpose.
12.02.040 Clean Water Services Rules
Adopted.
12.02.050 Use And Operation; Charges
Imposed For Use; Appeal
Procedures And Enforcement.
12.02.060 Charges,Rates And Fees;
Associated Penalties.
12.02.070 Pretreatment By Industrial
Users.
12.02.080 Temporary Adoption Of
Unified Sewerage Agency
Ordinances,Resolutions And
Orders.
12.02.090 Immediate Remedial Action
Required.
12.02.100 Penalty.
(12.02.010 through 12.02.080-no change)
12.02.090 Immediate Remedial Action
Required.
If the Code Enforcement Officer determines that
there has been a violation of this chapter, or that
conditions exist that are likely to result in a
violation, the officer may require immediate
remedial action by the responsible party. If the
Code Enforcement Officer is unable to serve a
notice of infraction on the responsible party or, if
after such service, the responsible party refuses or
is unable to remedy the infraction, the City may
proceed to remedy the infraction as provided in
Section '.'� X40 1.16.150 of this code. (Ord. 94-
19)
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EXHIBIT B-4—PAGE 1
Chapter 14.04 BUILDING CODE, voluntary correction, failing which the Building
Official may issue a notice of civil violation to
Sections: one or more of the responsible persons to correct
the violation. Except where the Building Official
14.04.010 Title. determines that the violation poses an immediate
14.04.020 Definitions. threat to health, safety, environment, or public
14.04.030 State Codes Adopted. welfare, the time for correction shall be not less
14.04.040 Administration. than five calendar days.
14.04.050 Repealed By Ord.96-10.
14.04.060 Repealed By Ord.01-25. 3. Following the date or time by which the
14.04.065 Electrical Program correction must be completed as required by an
Administration. order to correct a violation, the Building Official
14.04.070 Occupancy Restriction shall determine whether such correction has been
Recordation. completed. If the required correction has not been
14.04.090 Violation—Penalty—Remedies. completed by the date or time specified in the
14.04.095 Building Official—Authority to order, the Building Official may issue a notice of
Impose Administrative Civil civil violation to each person to whom an order to
Penalty correct was issued.
14.04.098 Appeal Procedures.
4. Notwithstanding subsection (2) above,
the Building Official may impose a civil penalty
(14.04.010 through 14.04.090-no change) without having issued an order to correct violation
or made attempts to secure voluntary correction
where the Building Official determines that the
14.04.095 Building Official—Authority to violation was knowing or intentional or a repeat of
Impose Administrative Civil a similar violation.
Penalty.
5. In imposing a penalty authorized by this
1. In addition to, and not in lieu of, any section,the Building Official shall consider:
other enforcement mechanism authorized by this
code, upon a determination by the Building a. The person's past history in taking
Official that a person has violated a provision of all feasible steps or procedures necessary or
this Chapter or a rule adopted thereunder, the appropriate to correct the violation;
Building Official may impose upon the violator
and/or any other responsible person an b. Any prior violations of statutes,
administrative civil penalty as provided by rules,orders,and permits;
subsections (1) to (12) of this section. For
purposes of this subsection, a responsible person c. The gravity and magnitude of the
includes the violator, and if the violator is not the violation;
owner of the building or property at which the
violation occurs,may include the owner as well. d. Whether the violation was repeated
or continuous;
2. Prior to imposing an administrative civil
penalty under this section, the Building Official e. Whether the cause of the violation
shall pursue reasonable attempts to secure was an unavoidable accident, negligence, or an
EXHIBIT B-4—PAGE 2
intentional act; an appeal, unless the responsible person appeals
the penalty to the City Manager or City Manager's
f. The violator's cooperativeness and designee pursuant to, and within the time limits
efforts to correct the violation;and established by, Section 14.04.098. If the
responsible person appeals the civil penalty to the
g. Any relevant rule of the Building City Manager or City Manager's designee, the
Official. penalty shall become final, if at all,upon issuance
of the City Manager or City Manager's designee's
6. The notice of civil penalty shall either decision affirming the imposition of the
be served by personal service or shall be sent by administrative civil penalty.
registered or certified mail and by first class mail.
Any such notice served by mail shall be deemed 9. Each day the violator fails to remedy the
received for purposes of any time computations code violation shall constitute a separate violation.
hereunder three days after the date mailed if to an
address within this state, and seven days after the 10. Failure to pay a penalty imposed
date mailed if to an address outside this state. A hereunder within 10 days after the penalty
notice of civil penalty shall include: becomes final as provided in subsection (8) shall
constitute a violation of this code. Each day the
a. A description of the alleged penalty is not paid shall constitute a separate
violation, including any relevant code provision violation. The Building Official also is authorized
numbers, ordinance numbers or other identifying to collect the penalty by any administrative or
references; judicial action or proceeding authorized by
subsection (11) below, other provisions of this
b. A statement that the City intends to code,or state statutes.
assess a civil penalty for the violation and states
the amount of the civil penalty; The civil penalty authorized by this section
shall be in addition to:
c. A statement that the party may
challenge the assessment of a civil penalty;and a. Assessments or fees for any costs
incurred by the City in remediation, cleanup, or
d. A description of the means and the abatement,and
deadline for informing the City that the party is
challenging the assessment of the civil penalty. b. Any other actions authorized by
law.
7. Any person who is issued a notice of
civil penalty may appeal the penalty to the City 11. If an administrative civil penalty is
Manager or City Manager's designee. The City imposed on a responsible person because of a
Manager's designee shall not be the Building violation of any provision of this code resulting
Official or Building Inspector. The provisions of from prohibited use or activity on real property,
Section 14.04.098 of this code shall govern any and the penalty remains unpaid 30 days after such
requested hearing, except that the burden of proof penalty become final, the Building Official shall
shall be on the Building Official. assess the property the full amount of the unpaid
fine and shall enter such an assessment as a lien in
8. A civil penalty imposed hereunder shall the docket of City liens. At the time such an
become final upon expiration of the time for filing assessment is made, the Building Official shall
i
EXHIMT B-4—PACE 3
notify the responsible person that the penalty has
been assessed against the real property upon
which the violation occurred and has been entered
in the docket of City liens. The lien shall be
enforced in the same manner as liens established
by judgment of a Hearings Officer pursuant to
Section 1•,� 1.16.710 of this code,except that
the Building Official shall be substituted for the
Hearings Officer and a civil penalty shall be
substituted for a judgment. The interest shall
commence from the date of entry of the lien in the
lien docket.
12. In addition to enforcement mechanisms
authorized elsewhere in this code, failure to pay
an administrative civil penalty imposed pursuant
to subsection (1) of this section shall be grounds
for withholding issuance of requested permits or
licenses, issuance of a stop work order, if
applicable, or revocation or suspension of any
issued permits or certificates of occupancy. (Ord.
09-16 §2)
(14.04.098—no change)
ExHiBIT B-4—PAGE 4
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