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)
A. 
Statement of Facts
When an alleged violation is reported to the Code Enforcement Officer, the Code Enforcement Officer may prepare a statement of the facts and may review the facts and circumstances surrounding the alleged violation.
B. 
Sufficiency of Evidence
The Code Enforcement Officer shall not proceed further with the matter if the officer determines that there is not sufficient evidence to support the allegation, or if the department head determines that it is not in the best interest of the City to proceed.
(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)
A. 
A warning of the alleged violation may be given to the defendant in person by the Code Enforcement Officer.
B. 
Warning of the alleged violation may be by a telephone call to the defendant. If a warning is given in this manner, the defendant shall also be provided with a warning 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. 
A warning of the alleged violation may be given by mailing to the defendant at his or her last known address a warning of violation by registered mail, return receipt requested.
(Ord. 1659 § 1, 1989)
A. 
Where the warning of violation is delivered in person, the time period shall begin to run immediately upon such delivery.
B. 
Where the warning of violation is mailed to the defendant, for the purposes of computing any time period prescribed by this chapter, notice 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.
(Ord. 1659 § 1, 1989)
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. 
Effect of Agreement
1. 
The Code Enforcement Officer may enter into a written voluntary compliance agreement with the defendant. The agreement shall include time limits for compliance and shall be binding on the defendant.
2. 
The fact that a person alleged to have committed a violation enters into a voluntary compliance agreement shall not be considered an admission of having committed the violation for any purpose.
3. 
The City shall abate further processing of the alleged violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The City shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the waiver.
B. 
Failure to Comply with Agreement
The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this chapter, except no further notice after the voluntary compliance agreement has been signed need be given before the City may also proceed on the alleged violation that gave rise to the voluntary compliance agreement.
(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)