[Repealed by Ord. No. 1856, 12-28-1982]
[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2287, Amended, 1-23-2001]
1. 
A procedure to handle violations of City Code provisions as civil violations is hereby established, pursuant to the home rule powers granted the City of Lake Oswego by Article IV, Section 1, and Article XI, Section 2 of the Oregon Constitution, and by Sections 4 and 22 of the Lake Oswego Charter.
2. 
The civil violation procedure is established for the purpose of decriminalizing penalties for violations of certain Code provisions and for the purpose of providing a convenient and practical forum for the civil hearing and determination of cases arising out of said violations. It is intended that violations be punishable even though the responsible party does not knowingly or intentionally violate provisions of the Code. The mere fact that a violation exists and that a person is responsible is sufficient to initiate violation proceedings and impose a fine. A culpable mental state as an element of proof is hereby expressly dispensed with.
3. 
Violation of LOC §§ 34.04.101 through 34.20.060 shall be known as and referred to as "civil violations".
4. 
A person may be found liable, responsible or guilty of an alleged civil violation by reason of ownership or possession of the property on which an event or condition exists or has existed or by reason of such person being the proximate cause of such act or condition.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2287, Amended, 1-23-2001]
For the purpose of LOC §§ 34.04.101 through 34.20.060, unless the context indicates otherwise, the following definitions apply:
CITY MANAGER
As used in this chapter, City Manager means the person holding the position of City Manager or any officer or employee of the City of Lake Oswego.
CIVIL VIOLATION
An offense against the City in the form of a violation of a provision of the City Code constitutes a civil violation and shall be handled in accordance with the procedures established by this chapter. When a violation is of a continuing nature, a separate violation will be deemed to occur on each calendar day the violation continues to exist, and a separate citation may be filed for each such violation.
FINES AND SCHEDULES
The only penalty to be imposed for a violation is a monetary penalty called a fine, in addition to any costs, assessments or restitution ordered by the court. However, this section shall not be read to prohibit in any way any other alternative remedies set out in code provisions covered by this violation procedure which are intended to abate or alleviate code violations or nuisances, nor shall the City be prohibited from recovering, in a manner prescribed by law, any expense incurred by it in abating or removing Code violations pursuant to said chapter. In addition, the City is not by the use of the violation procedure precluded from utilizing any other enforcement mechanism provided by the general laws of the State.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 2231, Amended, 3-21-2000]
1. 
Official Action. All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this chapter, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this chapter. Any permit or approval issued or granted in conflict with the provisions of this chapter, whether intentional or otherwise, shall be void.
2. 
Inspection and Right of Entry. Whenever the City Manager has reasonable cause to suspect a violation of any provision of this chapter or any Code provision which may be enforced through the civil violation or nuisance abatement proceedings, the City Manager may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. The City Manager may seek and secure a search warrant from the municipal court in order to gain entry. Prior refusal of consent to search the premises need not be established in order to obtain a search warrant. If consent is not received the City Manager shall have obtained a search warrant prior to entry. In addition the City Manager shall have recourse to every other remedy provided by law to secure entry.
3. 
Injunctive Relief. Upon request of the City Manager, the City Attorney may institute an appropriate action in any court to enjoin the maintenance of any use, occupation, building or structure which is in violation of any provision of this chapter.
4. 
Evidence of Violation. Proof of a violation of this chapter or permit or approval issued or granted hereunder shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the unlawful use, activity, condition, building, structure or other development exists. Prosecution, or lack thereof, of the owner of the property, the occupant, or other person in possession or control of property shall not be deemed to relieve any other responsible person.
5. 
Cumulative Remedies. The rights, remedies and penalties provided in this chapter are cumulative, are not mutually exclusive and are in addition to any other rights, remedies and penalties available to the City under any other provisions of law.
[Repealed by Ord. No. 1856, 12-28-1982]
[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000]
All reports of violations covered by this chapter shall be made to the City Manager.
[Repealed by Ord. No. 2231, 3-21-2000]
[Repealed by Ord. No. 1856, 12-28-1982]
[Repealed by Ord. No. 2231, 3-21-2000]
[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000]
1. 
A uniform violation citation and complaint signed by the City Manager or any citizen, may be filed with the Municipal Court, charging the person cited with a civil violation and setting a date for said person to appear before the Municipal Court to answer said complaint.
2. 
Notwithstanding ORS 153.042(1), if the City Manager has reasonable grounds to believe that a violation has occurred, the City Manager may issue a violation citation whether or not the conduct alleged to constitute the violation takes place in the City Manager’s presence.
3. 
A citizen may not file a complaint for violation of state statute, except as provided in ORS 153.058(8).
4. 
The City Manager shall prescribe the form of the uniform violation citation and complaint, but it shall consist of at least four parts. Additional parts may be inserted for administrative purposes by those charged with the enforcement of the Code.
The required parts are:
a. 
The complaint.
b. 
The abstract of court record.
c. 
The police or City department record.
d. 
The summons.
5. 
The complaint in a violation citation shall contain the following information:
a. 
The name of the court and the court’s file number.
b. 
The name of the city, or the name of the citizen commencing the proceedings.
c. 
The name of the person cited.
d. 
A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.
e. 
The complaint shall contain a form of certificate in which the City Manager or citizen must certify, under the penalties provided in ORS 153.990, that the City Manager or citizen has reasonable grounds to believe, and does believe, that the person named in the complaint committed the violation specified in the complaint. A certificate conforming to this subsection shall be deemed the equivalent of a sworn complaint.
6. 
The summons in a violation citation shall contain the following information:
a. 
The name of the court and court’s file number.
b. 
The name of the person cited.
c. 
The date on which the citation was issued.
d. 
The name of the City Manager, the other city officer or employee issuing the citation.
e. 
The time and place at which the person cited is to appear in court.
f. 
A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.
g. 
A notice to the person cited that a complaint will be filed with the court based on the violation.
h. 
The amount of base fine, if any, fixed for the violation.
i. 
A statement notifying the person that a monetary judgment may be entered against the person for up to the maximum amount of fines, assessments, restitution and other costs allowed by law for the violation if the person fails to make all required appearances at the proceedings.
7. 
Filing by citizen. Upon the filing of a complaint by a citizen, the court shall cause the summons to be delivered to the person cited and shall deliver a copy of the complaint to the City Attorney. The court may require the City Manager to serve the summons. The summons shall also contain a section showing whether it was personally served on the cited person or delivered by some other method.
8. 
Service and filing by City Manager. Upon issuing a violation citation, the City Manager shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court.
[Repealed by Ord. No. 1856, 12-28-1982]
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 2153, Amended, 7-15-1997; Ord. No. 2231, Amended, 3-21-2000]
Service of the violation citation and complaint shall be accomplished by any method permitted under the Oregon Rules of Civil Procedure, Rule 7.
[Ord. No. 2231, Add, 3-21-2000]
1. 
A defendant who has been issued a violation citation must either:
a. 
Make a first appearance by personally appearing in court at the time indicated in the summons; or
b. 
Make a first appearance in the manner provided in subsection (2) of this section before the time indicated in the summons.
2. 
A defendant who has been issued a violation citation may make a first appearance in the matter before the time indicated in the summons by one of the following means:
a. 
The defendant may submit to the court a written or oral request for a trial.
b. 
The defendant may enter a plea of no contest by delivering to the court the summons, a check or money order in the amount of the base fine set forth in the summons, and a statement of matters in explanation or mitigation of the violation charged. The delivery of a statement of matters in explanation or mitigation under the provisions of this paragraph constitutes a waiver of trial and consent to the entry of a judgment forfeiting the base fine based on the statement and any other testimony or written statements that may be presented to the court by the citing officer or other witnesses.
c. 
The defendant may execute the appearance, waiver of trial and plea of guilty that appears on the summons and deliver the summons and a check or money order in the amount of the base fine set forth in the summons to the court. The defendant may attach a statement of matters in explanation or mitigation of the violation.
3. 
The court may require that a defendant requesting a trial under subsection (2)(a) of this section deposit the base fine specified under ORS 153.125 to 153.145 or such other amount as the court determines appropriate if the defendant has failed to appear in any court on one or more other charges in the past. If the defendant does not deposit the amount specified by the court, the defendant must personally appear in court at the time indicated in the summons. The amount deposited by the defendant may be applied against any fine imposed by the court, and any amount not so applied shall be refunded to the defendant at the conclusion of the proceedings.
4. 
If the defendant personally appears in court at the time indicated in the summons and enters a plea of guilty, the judge shall consider any statement in explanation or mitigation made by the defendant.
5. 
The court may require a defendant to appear personally in any case, or may require that all defendants appear in specified categories of cases.
6. 
If a defendant has entered a no contest plea or guilty plea in the manner provided in subsection (2)(b) or (2)(c) of this section, and the court determines that the base fine amount is not adequate by reason of previous convictions of the defendant, the nature of the offense charged or other circumstances, the court may require that a trial be held unless an additional fine amount is paid by the defendant before a specified date. Notice of an additional fine amount under this subsection may be given to the defendant by mail. In no event may the court require a total fine amount in excess of the maximum fine established for the violation by statute.
7. 
If a defendant fails to make a first appearance on a citation for a traffic violation, as defined by ORS 801.550, or fails to appear at any other subsequent time set for trial or other appearance, the driving privileges of the defendant are subject to suspension under ORS 809.220.
[Ord. No. 2231, Add, 3-21-2000; Ord. No. 2772, Amended, 2-6-2018]
The Municipal Court Judge shall adopt presumptive fines for violations subject to the jurisdiction of the court, in amounts not less than those specified under ORS 153.019 to 153.020.
[Ord. No. 2231, Add, 3-21-2000]
1. 
Except as provided in subsection (2) of this section, a warrant for arrest may be issued against a person who fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, only if the person is charged with failure to appear in a violation proceeding under ORS 153.992.
2. 
If a person fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, the court may issue an order that requires the defendant to appear and show cause why the defendant should not be held in contempt. The show cause order may be mailed to the defendant by certified mail, return receipt requested. If service cannot be accomplished by mail, the defendant must be personally served. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court.
[Repealed by Ord. No. 2231, 3-21-2000]
[Ord. No. 2231, Add, 3-21-2000]
1. 
The court may require that at trial be held in any violation proceeding.
2. 
Unless a plea of guilty or no contest is entered, a trial must be scheduled for a violation if conviction of the violation would result in the revocation or suspension of the defendant’s driving privileges.
[Ord. No. 2231, Add, 3-21-2000]
If the defendant requests a trial under LOC § 34.04.132, or a trial is required by the court or by law, the court shall fix a date, time and place for the trial. Unless notice is waived by the defendant, the court shall mail or otherwise provide to the defendant notice of the date, time and place at least five days before the trial. If the citation is for a traffic violation, the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220.
[Ord. No. 2231, Add, 3-21-2000]
1. 
Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the seven day period.
2. 
The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.
3. 
The pretrial discovery rules in ORS 135.805 to 135.873 apply in violation proceedings.
4. 
The defendant may not be required to be a witness in the trial of any violation.
5. 
Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.
6. 
A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial.
[Ord. No. 2231, Add, 3-21-2000]
Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:
1. 
Testimony may not be presented by affidavit under the provisions of this section unless the court has adopted rules authorizing the use of affidavits and providing procedures for the introduction and use of the testimony.
2. 
The court shall allow testimony by affidavit under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.
3. 
Testimony by affidavit under this section is not subject to objection as hearsay.
4. 
A statement signed by the defendant under subsection (2) of this section does not constitute a waiver of trial unless the affidavit specifically so provides.
5. 
Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit as provided in this section.
[Repealed by Ord. No. 1856, 12-28-1982]
[Repealed by Ord. No. 2231, 3-21-2000]
[Ord. No. 1321, 4-16-1969; renumbered to § 34.161, Ord. No. 1856, 12-28-1982; new section by Ord. No. 1856, 12-28-1982; Ord. No. 2084, Amended, 1-4-1994; Ord. No. 2231, Amended, 3-21-2000]
1. 
Entry of judgments, including default judgments, and relief therefrom shall be governed by the provisions of ORS 153.090 to 153.111. When a person fails to appear for a requested hearing, $20.00 shall be added to any judgment, with any base fine to be credited to this amount. Nothing in this chapter shall be construed to limit in any way the contempt powers of the municipal judge granted by the Lake Oswego City Charter, Code or State law, and the judge may exercise those powers as may be deemed necessary and advisable in conjunction with any matter arising under the procedures set forth in this chapter. Upon a willful failure to comply with the Court’s order the offender may be sentenced and committed to jail pursuant to LOC § 13.02.010 (as amended).
2. 
City lien docket. Delinquent fines, costs, assessments or restitution and those brought to default judgment which were assessed for violations which occurred on real property or for improper use of real property and which have not been paid within 30 days after becoming due constitute a lien against said real property. When posted in the City lien docket, such lien may be collected in the same manner as other such debts owing to the City. Upon such entry in the Lien Docket, the amount so entered shall be immediately due and payable and shall be a perfected lien and charge upon the said property. Such lien shall be prior to the rights and interest in said property of all persons in possession of said property and all persons to whom notice of the violation has been given under LOC § 34.04.125 and all persons claiming by, through or under any of them. The amount of the lien shall bear interest at the rate of 10% per annum from the date of entry in the Lien Docket. At any time after entry in the Lien Docket the City may proceed, without further notice or demand, to foreclose such lien for the amount thereof, together with interest, reasonable attorney’s fees and costs in the manner allowed by State law for collection of assessments for local improvement districts.
3. 
City license; permits. Nothing in this section shall limit the City from revoking or denying any City license or permit held or desired by a person owing a fine, costs, assessments or restitution pursuant to this Chapter. Any City department which receives notice from the Municipal Court that a person who desires a permit from such City department is owing and delinquent in payment, shall refuse to issue said permit until such delinquent fine, costs, assessment or restitution is paid in full.
4. 
Penalty. An assessment of a fine for a violation shall be an assessment to pay an amount not exceeding One Thousand Dollars ($1,000).