A. 
Upon finding any of the following, the code enforcement officer may cause an order to abate to be posted on the subject property and mailed to the owner and each other known responsible party:
1. 
A violation exists; or
2. 
Any responsible party is not responsive or cooperative after receiving a letter of complaint; or
3. 
A recipient failed to comply with the terms of a voluntary compliance agreement.
B. 
The order shall require the respondent to abate the ordinance infraction within a specified time period.
C. 
Prior to mailing or posting an order to abate, the code enforcement officer must have probable cause to believe that a civil infraction exists, based on personal observation of the violation by the code enforcement officer or other credible authority.
D. 
The code enforcement officer shall cause a copy of the order to abate to be posted on the premises at the site of the violation.
E. 
An order to abate shall be mailed by first class or certified mail to the last known address of the responsible party. An order to abate shall contain:
1. 
A description of the real property, by street address or otherwise, on which the infraction exists.
2. 
The date of the order.
3. 
A direction to abate the infraction within no less than 10 days and no more than 30 days from the date of the order.
4. 
A description of the infraction.
5. 
A statement that, unless the infraction is removed:
a. 
A warrant may be obtained;
b. 
The city may abate the infraction; and
c. 
The cost of abatement will be charged to the responsible party.
6. 
A statement that failure to abate an infraction may result in imposition of an administrative fee or lien on the property.
7. 
A statement that the responsible party may protest the order to abate by giving notice to the code enforcement officer within 10 days following the date of the order. Contact information for the code enforcement officer shall be included in the order to abate.
F. 
Upon completion of mailing and posting, the persons mailing and posting shall execute and file certificates stating the date and place of the mailing and posting, respectively.
G. 
An error in the address or name of the responsible party shall not make the order to abate void, and in such case the posted notice shall be sufficient.
(Ord. 12-01 §1)
A. 
Within the timeline specified in the order to abate, the responsible party shall abate the infraction or appeal the order to abate pursuant to Section 1.16.420.
B. 
Any responsible party intending to abate the infraction shall provide notice to the code enforcement officer before abating the infraction and shall allow the city to inspect during and on completion of the abatement. The notification shall state how the infraction will be abated, when it will be abated, and who will be abating it.
(Ord. 12-01 §1)
A. 
A responsible party protesting that the alleged infraction does not exist shall file with the code enforcement officer a written statement specifying the basis for the protest before the abatement date specified in the order or at most within 10 days of the date of the notice. Standing to protest is limited to a responsible party.
B. 
Upon receipt of a written statement of protest from a responsible party, the code enforcement officer shall, within 10 days of receipt of the protest, schedule a hearing before the civil infractions hearings officer, to be held within 30 days of receipt.
C. 
At the hearing set for consideration of the infraction, the person protesting may appear and be heard by the 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 adopt rules and policies to provide for a civil infractions hearings officer review process consistent with this subsection and principles of due process. The civil infractions hearings officer's determination shall be required only in those cases where a written protest has been filed as provided in this section.
D. 
If the civil infractions hearings officer determines that an infraction does in fact exist, the responsible party shall, within five days after the civil infractions hearings officer's determination, abate the infraction, unless the civil infractions hearings officer determines that the responsible party should not be given the opportunity to abate or unless the civil infractions hearings officer decision allows a period of time greater than five days.
E. 
The civil infractions hearings officer may determine that the responsible party for the infraction should not be given the opportunity to abate only if the civil infractions hearings officer finds that the responsible party for the infraction is unlikely to properly abate the infraction. The determination that a responsible party is unlikely to properly abate the infraction shall be based on the findings as to one of the following:
1. 
Whether the person acted intentionally or whether the infraction is egregious; or
2. 
Whether the person had knowledge that the action was a violation of state law or city code; or
3. 
Whether the person has the professional expertise to perform the abatement.
(Ord. 12-01 §1)
If, within the time allowed, the infraction has not been abated by the responsible party, the city manager may cause the infraction to be abated by securing an abatement warrant pursuant to Sections 1.16.110 through 1.16.114.
(Ord. 12-01 §1)
Judicial review of a decision of the civil infractions hearings officer on the appeal of an order to abate shall be on the record by writ of review pursuant to ORS Chapter 34 and not otherwise.
(Ord. 12-01 §1)