All reports of complaints of violations covered by this chapter
shall be made to the Code Enforcement Officer within the department
responsible for administering the section of the code alleged to have
been violated.
(Ord. 1659 § 1, 1989)
Warning of the alleged violation may be given to the defendant
before a uniform violation summons and complaint is issued. It is
not a prerequisite to the issuance of the summons and complaint, and
the giving of notice is at the sole discretion of the Code Enforcement
Officer.
(Ord. 1659 § 1, 1989)
If a warning is given, the Code Enforcement Officer shall give
the defendant a reasonable time to cure or remedy the alleged violation.
The time allowed shall not be less than seven days, nor more than
30 days. Where there is an extreme hardship, as determined by the
Code Enforcement Officer, the officer may grant additional time to
the defendant.
(Ord. 1659 § 1, 1989)
Notwithstanding the remedial time period contained in Section
1.08.110, if the Code Enforcement Officer determines that the alleged violation presents an immediate danger to the public health, safety, or welfare, the officer may require immediate remedial action. If the Code Enforcement Officer is unable to serve a notice of violation on the defendant, or, if after such service, the defendant refuses or is unable to remedy the violation, the City may proceed to remedy the violation as provided in Section
1.08.130 of this chapter.
(Ord. 1659 § 1, 1989; Ord. 1998 § 2, 2009)
A. When a Code Enforcement Officer requires immediate remedial action to address an alleged violation and gives or attempts to give notice as provided in Section
1.08.020, the City Manager or designee shall decide whether there is a danger to the public health, safety, or welfare. If the City Manager or designee finds such a danger, the City may remedy the violation and may charge the cost of remediation to the defendant.
B. In remedying the violation, the City may enter into private property only after obtaining consent of the owner or other person in charge of the property or pursuant to a warrant. The Municipal Court may issue a warrant to enter private property and remedy a violation only if the Municipal Court determines (1) that City Manager or designee has reasonably determined that there is a danger to the public health, safety, or welfare, (2) that the Code Enforcement Officer provided or attempted to provide notice under Section
1.08.120, (3) that if notice was provided, the property owner or other responsible person has refused or failed to remedy the violation within a reasonable amount of time, given the nature of the violation, and (4) that the City has the ability to remedy the violation.
(Ord. 1659 § 1, 1989; Ord. 1998 § 3, 2009)
When the defendant either receives or rejects the warning of
violation and fails to remedy or cure the alleged violation within
the time specified in the warning of violation, the Code Enforcement
Officer may serve the defendant with a uniform citation.
(Ord. 1659 § 1, 1989)
A. Service
of the uniform summons and citation may be by personal service on
the defendant or an agent of the defendant authorized to receive process;
by substitute service at the defendant's dwelling or office; or by
registered mail, return receipt requested, to the defendant at his
or her last known address. In the event of substitute service at the
defendant's dwelling, the person served must be at least 14 years
of age and residing in the defendant's place of abode. Service at
the defendant's office must be made during regular business hours
to the person who is apparently in charge. 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 defendant at the defendant's last known address. Service will
be considered complete upon such a mailing. Service by any other method
reasonably calculated, under all the circumstances, to apprise the
defendant of the existence and pendency of the violation and to afford
a reasonable opportunity to respond shall be acceptable.
B. Service
on particular defendants, such as minors, incapacitated persons, corporations,
limited partnerships, the State of Oregon, other public bodies, and
general partnerships, shall be prescribed for the service of a civil
summons and complaint by the Oregon Rules of Civil Procedure.
C. No default
shall be entered against any defendant without proof that the defendant
had notice of the uniform violation summons and complaint. Either
a sworn affidavit of the Code Enforcement Officer outlining the method
of service, including the date, time, and place of service, a return
receipt of registered mailing which indicates delivery of the summons
and complaint to defendant's last known address, or a registered letter
returned as "unclaimed" which indicates attempt of the same, shall
create a rebuttable presumption that the defendant had such notice.
(Ord. 1659 § 1, 1989; Ord. 1758 § 1, 1994)
A citation conforming to the requirements of this chapter may
be used by employees of the following departments: the City's fire
protection provider, the Police Department, and Code Enforcement.
(Ord. 1659 § 1, 1989; Ord. 1758 § 2, 1994; Ord. 1998 § 4, 2009)
A. Citation
used shall consist of at least three parts: the complaint, record,
and the summons. Additional parts may be inserted for administrative
purposes by departments charged with the enforcement of the ordinances.
The form shall contain the following information or blanks in which
such information may be entered:
1. The
name of the court and the court's docket or file number;
2. The
name of the person or persons cited;
3. The
offense charged, the time and place, the date on which the citation
was issued, the name of the complainant, and, in the case of zoning
violations, the designation of the zone in which the violation occurred;
4. The
hour and date when the person cited is to appear in court;
5. The
bail, if any, fixed for the offense.
B. The
form may also contain such identifying and additional information
as may be necessary or appropriate for administrative departments
of the City. In the case of an appropriate violation, it may include
an indication of whether a written warning was previously issued to
defendant for the same violation if it is a continuing one.
C. The
complaint shall contain a form of verification by the complainant
to the effect that he or she swears that he or she has reasonable
grounds to believe, and does believe, that the person committed the
offense contrary to ordinance.
(Ord. 1659 § 1, 1989; Ord. 1758 § 3, 1994)
Nothing in this section shall be construed to prevent the use
of a complaint charging a violation of ordinance in a form or manner
otherwise prescribed by law for criminal complaints; further, as provided
by law, two or more persons may be charged jointly on such a complaint.
(Ord. 1659 § 1, 1989)
A summons issued pursuant to this chapter is sufficient if it
contains the following information:
A. The
name of the court, the name of the person or persons cited, the date
on which the citation was issued, the name of the complainant, the
time at which the person cited is to appear in court;
B. A statement
or designation of the offense in such manner as can be readily understood
by a person making a reasonable effort to do so and the date and place
of offense alleged to have occurred;
C. The
amount of bail, if any, fixed for the offense.
(Ord. 1659 § 1, 1989)
A complaint of an alleged violation or an offense under this
chapter is sufficient if it contains the following:
A. The
name of the court, the name of the City in whose name action is brought,
and the name of the defendant or defendants;
B. A statement
or designation of offense in such manner as can be readily understood
by a person making a reasonable effort to do so and the date and a
place of the alleged offense.
(Ord. 1659 § 1, 1989)