If a notice of violation is given to a respondent pursuant to this chapter, service of such notice may be given as follows:
A. 
To the respondent in person by the code enforcement officer.
B. 
By a telephone call to the respondent. If notice is given in this manner, the respondent may be given, at the code enforcement officer's discretion, a notice of violation by first class mail sent to his or her last known address as soon as possible after the initial notice by telephone.
C. 
By mailing to the respondent at his or her last known address.
D. 
By affixing to the main door of the property or premises. If notice is given in this manner, the code enforcement officer may, at his or her discretion, also provide the respondent with a notice of violation by mail sent to the respondent's last known address as soon as possible after the initial notice by posting.
(Ord. 12-01 §1)
A. 
When the notice of violation is delivered in person or by telephone, the time period to abate the infraction shall begin immediately upon such delivery.
B. 
When the notice of violation is mailed to the respondent, notice to abate the infraction shall be considered complete three days after such mailing, if the address to which it is mailed is within the state, and seven days after mailing if the address to which it is mailed is outside the state.
C. 
When the notice of violation is affixed to the main door of the property or premises, for purposes of computing the time period to abate the infraction, notice shall be considered complete three days after such affixation.
(Ord. 12-01 §1)
A. 
The following information shall be included in the notice of violation if one is given:
1. 
A description or identification of the activity or condition constituting the alleged infraction, and the identification of the recipient as the respondent.
2. 
A statement that the code enforcement officer has determined the activity or condition to be an infraction.
3. 
A statement of the action required to abate the alleged infraction and the time and date by which abatement must be completed unless a voluntary compliance agreement is executed.
4. 
A statement advising the respondent that if the required abatement is not completed within the time specified and the respondent has not entered into a voluntary compliance agreement, a civil infraction summons and complaint will be issued and civil penalties for the particular infraction may be imposed.
B. 
The code enforcement officer has the discretion to include in the notice of violation an invitation to contact the code enforcement officer to discuss any questions the respondent may have about the alleged violation, the requirements for compliance and any possibility of entering into a voluntary compliance agreement.
(Ord. 12-01 §1)
If notice is given, and the respondent either receives or rejects the notice of violation and fails to abate the alleged infraction within the time specified in the notice of violation, the code enforcement officer may serve the respondent with a civil infraction summons and complaint.
(Ord. 12-01 §1)
A civil infraction summons and complaint may be served on the respondent:
A. 
Immediately upon discovery of the infraction;
B. 
Where the response period given in a notice of violation has expired; or
C. 
Where the period for compliance given in a voluntary compliance agreement expired and the infraction has not been abated.
(Ord. 12-01 §1)
A. 
The physical form taken by a civil infraction summons and complaint is not material. What is material is the substance, the information contained therein. The city may utilize various physical formats for the summons and complaint. The state uniform citation may be used. Any form prepared by the city should normally contain or solicit the following information, but no complaint or summons shall be considered invalid for failure to comply with these rules, so long as the basic information regarding the infraction and the court date is included.
B. 
The civil infractions summons and complaint shall contain the following information:
1. 
The name and address of the respondent;
2. 
A description of the infraction that can be understood by a person making a reasonable effort to do so;
3. 
The date, time and place at which the infraction is alleged to have been committed. If the infraction is alleged to be ongoing, the civil infractions summons and complaint shall so state and shall list a date on which the infraction was observed;
4. 
A file or reference number;
5. 
The date the civil infraction summons and complaint was issued;
6. 
The name of the code enforcement officer issuing the citation;
7. 
The time, date and location at which the respondent is to appear in court;
8. 
A notice that a complaint based on the violation will be filed with the court;
9. 
The amount of the maximum civil penalty for the infraction;
10. 
An explanation of the respondent's obligation to appear at the hearing and that a monetary judgment may be entered for up to the maximum civil penalties if the respondent fails to make all required court appearances;
11. 
A space wherein the respondent may admit having committed the alleged infraction;
12. 
The time period for returning the form to the court;
13. 
A notice that, if the respondent admits having committed the infraction as charged, payment, in the amount shown on the summons and complaint or as agreed with the code enforcement officer pursuant to Section 1.16.660 of this chapter, as may be appropriate, must accompany the admission; and
14. 
A form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does so believe, that the respondent committed the alleged infraction.
(Ord. 12-01 §1)
A. 
Service of the civil infraction summons and complaint shall be made consistent with the requirements of the Oregon Rules of Civil Procedure and may be made by:
1. 
Personal service on the respondent or an agent for the respondent;
2. 
Substitute service at the respondent's dwelling or office;
3. 
Affixing to the main door of the property or premises; or by
4. 
Certified mail, return receipt requested, to the respondent at his or her last known address.
B. 
In the event of substitute service at the respondent's dwelling, the person served must be at least 14 years of age and residing in the respondent's place of abode.
C. 
Service at the respondent's office must be made during regular business hours. Substitute service at the respondent's office must be made to the person who is apparently in charge.
D. 
If substitute service is used, a true copy of the summons and complaint, together with a statement of the date, time and place at which service was made, must be mailed to the respondent at the respondent's last known address. Service will be considered complete upon such a mailing.
E. 
Service by any other method reasonably calculated, under all the circumstances, to apprise the respondent of the existence and pendency of the infraction and to afford a reasonable opportunity to respond shall be acceptable.
F. 
Service on particular respondents, such as minors, incapacitated persons, corporations, limited partnerships, the state, other public bodies and general partnerships shall be as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Procedure.
G. 
No default shall be entered against any respondent without proof that the respondent had notice of the civil infraction summons and complaint. A sworn affidavit of the code enforcement officer outlining the method of service, including the date, time and place of service shall create a rebuttable presumption that the respondent had such notice.
(Ord. 12-01 §1)
A. 
A respondent served with a civil infraction summons and complaint shall respond to the complaint by personally appearing at the scheduled first appearance in court or by making a written response by mail or personal delivery to the court.
B. 
If the respondent admits the infraction, the respondent may so indicate on the summons and forward the form to the court. Payment in the amount of the civil penalty for the infraction, as shown on the summons or as agreed with the code enforcement officer pursuant to Section 1.16.660 of this chapter shall be submitted with the response. Any appropriate findings shall be entered in the records of the civil infraction hearings officer indicating the receipt of the civil penalty.
C. 
If the respondent does not admit the infraction, the respondent must appear at the scheduled first appearance in court.
1. 
At the first appearance, the respondent may deny the infraction and request a hearing, admit the infraction, or not contest the infraction.
2. 
If the respondent either admits or does not contest the infraction the respondent shall be given the opportunity to provide a statement. Based on the statement provided by the respondent and any additional information provided by the code enforcement officer, the civil infractions hearings officer shall impose a civil penalty not to exceed the maximum civil penalty allowed for the infraction.
3. 
If the respondent requests a hearing, a hearing shall be scheduled.
(Ord. 12-01 §1)
Any hearing to determine whether an infraction has been committed shall be held before the civil infraction hearings officer without a jury.
(Ord. 12-01 §1)
The respondent may be represented by legal counsel; however, legal counsel shall not be provided at public expense. Written notice shall be provided to the hearings officer and code enforcement officer no later than five days prior to any appearance by legal counsel at an appearance or hearing.
(Ord. 12-01 §1)
A. 
The respondent may request that witnesses be ordered by subpoena to appear at the hearing. The respondent shall make such request in writing to the court at least five days prior to the scheduled hearing.
B. 
Subject to the same five-day limitation, the code enforcement officer, the citizen who signed the complaint or the city attorney, as appropriate, may also request in writing that the court order certain witnesses to appear by subpoena.
C. 
If a civil penalty is declared in the final order, the order shall also provide that the respondent shall pay any witness fees payable in connection with the hearing.
(Ord. 12-01 §1)
A. 
The hearing shall be limited to production of evidence only on the infraction alleged in the complaint.
B. 
Oral evidence shall be taken only upon oath or affirmation administered by the civil infractions hearings officer.
C. 
Evidence shall be admitted if it is of the type which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might render such evidence inadmissible in civil actions in courts of competent jurisdiction in this state.
D. 
Irrelevant or unduly repetitious evidence shall be excluded.
(Ord. 12-01 §1)
The complainant or, if the city is the complainant, the code enforcement officer, shall have the burden of proving the alleged civil infraction by a preponderance of the evidence.
(Ord. 12-01 §1)
A. 
The hearings officer shall determine if the respondent committed the infraction as alleged in the complaint.
B. 
When the infraction has not been proven, a written order dismissing the complaint shall be entered in the court records.
C. 
When the hearings officer finds that the infraction was committed, written findings shall be prepared which set out sufficient information to substantiate the commission of the infraction.
D. 
Written orders, including findings, shall be prepared within 10 working days of the oral decision. The court shall serve true copies of the hearings officer's findings, order and judgment on all parties, either personally or by mail.
(Ord. 12-01 §1)
Upon a finding that the infraction was committed by the respondent, the hearings officer may issue an order to abate requiring the respondent to abate the ordinance infraction within a specified time period identified in the final order. Orders to abate issued under this section may only be appealed pursuant to Section 1.16.330.
(Ord. 12-01 §1)
The court shall maintain a record of the hearing proceedings. A mechanical recording of the hearing, accompanied by any written documents, correspondence or physical evidence associated with the matter shall be sufficient to meet the requirements of this section.
(Ord. 12-01 §1)
The determination of the hearings officer shall be final. Review of the hearing officer's determination shall be to the circuit court by writ of review, pursuant to Chapter 34 of the Oregon Revised Statutes.
(Ord. 12-01 §1)
Upon finding that an infraction was committed, as determined by a final decision of the hearings officer, the city may, after obtaining a warrant to enter the property and abate the infraction, proceed to abate the infraction and charge the abatement costs back to the respondent pursuant to Section 1.16.680.C. For the purposes of this section "a final decision of the hearings officer" means a final decision for which judicial review was not sought within the time allowed by law or a decision of the hearings officer that was upheld by a final decision in the judicial review and appeal process.
(Ord. 12-01 §1)
Subject to the limitations set forth in Section 1.16.230, a default judgment shall be entered in an amount up to the maximum civil penalty applicable to the charged infraction if the respondent fails to appear at the scheduled hearing.
(Ord. 12-01 §1)