It is the intent of sections 5.600 through 5.642 to encourage voluntary compliance with certain city ordinances through inspection, notification, and where appropriate, by granting reasonable time for compliance. When voluntary compliance is not obtained or it is not appropriate to grant more time for compliance, sections 5.600 to 5.642 establish and implement a civil infraction procedure and scheduled forfeitures and administrative civil penalties for violation of certain ordinances. This ordinance is further intended to protect public health, safety, and welfare.
(Ord. No. 6494, 4/21/2025)
A violation of the following ordinances by any person is punishable as an infraction under these sections 5.600 to 5.642:
(1) 
Springfield Municipal Code.
(a) 
Chapter 3, Public Improvements:
Streets, sections 3.200 to 3.232
Curbs and Driveways, sections 3.250 to 3.260;
Sidewalks, sections 3.300 to 3.306
Sanitary Sewers, sections 3.350 to 3.382;
(b) 
Chapter 4, Utilities:
Industrial Pretreatment Program, Public Nuisances, section 4.080;
Septic Tanks and Privies, sections 4.300 to 4.308;
Illicit Discharge, sections 4.370 to 4.372;
Garbage and Refuse, sections 4.410 to 4.418 and sections 4.426 to 4.432;
Public Health and Sanitation, section 4.450;
Fountains, section 4.452;
(c) 
Chapter 5, Public Protection:
Nuisances in General, sections 5.000 to 5.004;
Miscellaneous Particular Nuisances, sections 5.050 to 5.056;
Public Safety, Ice, Snow on Sidewalks, section 5.124;
Public Safety, Bicycle Operation or Storage within City Hall, section 5.134;
General Welfare, sections 5.272 to 5.276;
(d) 
Chapter 7, Business;
(e) 
Chapter 8, Building:
Temporary Emergency Shelters for Persons Experiencing Homelessness, sections 8.000 to 8.015;
Signs, sections 8.200 to 8.268;
Land Drainage and Alteration Program, sections 8.400 to 8.436;
(2) 
The Springfield Development Code;
(3) 
The state building codes and requirements as administered by the City of Springfield under ORS 455.148, subject to the requirements of ORS 455.157; and
(4) 
The Oregon Fire Code as amended and adopted by the City of Springfield.
(Section 5.604 amended by Ordinance No. 5953, January 18, 2000; Ord. No. 6052, June 2, 2003; Ord. No. 6053, June 2, 2003; Ord. No. 6054, June 2, 2003; Ord. No. 6167, May 15, 2006; Ord. No. 6256, June 7, 2010; Ord. No. 6321, June 16, 2014; Ord. No. 6457, 5/15/2023; Ord. No. 6494, 4/21/2025)
(1) 
Except where explicitly provided otherwise in this code, all reports of infractions covered by this chapter shall be made to the city manager. When an infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day the infraction continues to exist, and a separate citation may be filed for each such infraction.
(2) 
The civil enforcement procedures described by sections 5.612 to 5.624 and the administrative enforcement procedures described by sections 5.630 to 5.638 are alternative procedures for enforcing the laws and ordinances of the city as provided in section 5.604. No person shall be cited for the same infraction under both procedures simultaneously, nor shall any person be subject to forfeitures and administrative penalties for the same infraction. However, nothing in this section prohibits the city from electing to use to different procedures for continuing or subsequent infractions by the same party or arising from the same property. Furthermore, this section shall not be read to prohibit in any way any other alternative remedies set out in any other section of the code or in any other applicable law that is intended to abate or alleviate violations of city ordinances; nor shall the city be prohibited from recovering, in a manner prescribed by law any expense incurred by it in abating any infraction or nuisance pursuant to the code.
(Section 5.606 amended by Ordinance No. 5987, enacted July 16, 2001; Ord. No. 6494, 4/21/2025)
(1) 
When the infraction of an ordinance or code listed in section 5.604 is brought to the attention of the city manager, they may determine that the responsible party be given written notice of the infraction. The notice shall contain the following information:
(a) 
Sufficient description of the activity in violation to identify the recipient of the notice as being a person responsible for the alleged infraction;
(b) 
A statement that the activity in question has been found to be an infraction with a brief and concise description of the nature of the infraction;
(c) 
A statement of the action required to remedy the infraction and a date by which the remedy must be completed; and
(d) 
A statement advising that if the required abatement of the infraction is not completed within the time specified, a civil citation may be issued for the person to appear in court, that a complaint may be issued and filed with the municipal court, and that a forfeiture in the maximum amount scheduled could be imposed. Alternatively, the notice may include a statement that if the infraction is not completed within the time specified, it may be subject to an administrative penalty under 5.632, and the maximum amount of administrative penalty that could be imposed.
(2) 
The city manager may dispense with the requirement of written notice under this section under any of the following circumstances:
(a) 
If successive or ongoing violations occur at the same site, or the same party is responsible for more than one violation even if at different sites, such that the responsible party was previously provided notice of the nature of the infraction and remedy required;
(b) 
If public health, safety, or welfare require immediate citation or assessment of a civil penalty;
(c) 
If the city manager otherwise has reasonable cause to believe that the person responsible knowingly or intentionally caused the infraction; or
(d) 
If the amount of forfeiture or administrative penalty imposed is no greater than $100 per infraction.
(Section 5.608 amended by Ordinance No. 5987, enacted July 16, 2001; Ord. No. 6457, 5/15/2023; Ord. No. 6494, 4/21/2025)
In addition to, or as an alternative to the prior written notice allowed by section 5.608, the city manager may issue a warning uniform infraction citation prior to filing a complaint under section 5.614. The warning citation may be issued together with, or separate from, the notice contemplated by section 5.608. Failure to provide a prior written notice or a warning citation will not invalidate the uniform infraction citation and complaint. The warning citation shall include the information set forth in section 5.608 and must impose a deadline for compliance or abatement of the violation.
(Section 5.612 amended by Ordinance No. 5987, enacted July 16, 2001; Ord. No. 6494, 4/21/2025)
(1) 
Upon expiration of the time provided for compliance or abatement of a violation as provided in section 5.608 or 5,612, or when no prior written notice is required under section 5.608(2), the code enforcement officer may file a uniform infraction citation with the municipal court, charging the person responsible with a civil infraction and setting a date for the person to appear before the municipal court to answer the charge.
(2) 
The uniform infraction citation must include a complaint that contains at least the following:
(a) 
The name of the person being cited as the person responsible for the infraction;
(b) 
A statement or designation of the infraction that can be readily understood by a person making a reasonable effort to do so and the date, time, and place at which the infraction is alleged to have been committed;
(c) 
A certificate signed by the enforcement that the officer has reasonable grounds to believe, and does so believe, that the person cited is the person responsible for the cited infraction; and
(d) 
The date and time at which the person cited is directed to appear before the municipal court as provided in section 5.618(1), or else file a written answer as provided in section 5.618(2) or (3).
(3) 
The city manager shall prescribe the form of the uniform infraction citation. Additional parts may be inserted for administrative purposes by the code enforcement officer or as ordered by the presiding judge of the Springfield Municipal Court.
(Section 5.614 amended by Ordinance No. 5938, enacted October 4, 1999; further amended by Ordinance No. 5987, enacted July 16, 2001; Ord. No. 6494, 4/21/2025)
Service of the warning citation or of the uniform civil infraction citation may be made by personal delivery to the person cited, or by certified mail return receipt requested and simultaneously by regular mail at the last known address of the person cited. Where service by certified mail is not accepted by the person cited, notice shall be deemed received on the date of attempted delivery. In addition, service in any manner provided for service of summons in Rule 7 of the Oregon Rules of Civil Procedure shall be deemed adequate.
(Section 5.616 amended by Ordinance No. 5987, enacted July 16, 2001; Ord. No. 6494, 4/21/2025)
(1) 
A person cited shall answer by personally appearing to answer at the time and place specified therein; except an answer may be made as provided in subsections (2) and (3) of this section by mail or personal delivery within 10 days of the date of the receipt of the citation.
(2) 
If the person cited desires to avoid that court appearance the person may within 10 days of the date of receipt of the citation admit the infraction, complete and sign the appropriate answer on the back of each citation and forward the citation to the municipal court together with check or money order in the amount of the forfeiture for the infraction alleged as shown on the face of the citation. The citation and forfeiture must reach the court prior to the scheduled court appearance. Upon receipt of the citation and forfeiture, an appropriate order shall be entered in the municipal court records. The burden of insuring delivery of the citation and forfeiture to the court pursuant to this subsection is entirely and exclusively upon the person cited.
(3) 
If the person cited denies part or all of the infraction prior to the time set for appearance, he or she may request a hearing by completing the appropriate answer on the back of the citation and forwarding to the municipal court the citation, together with bail in the amount of the scheduled forfeiture. Upon receipt, the answer shall be entered and a hearing date established by the municipal court. The municipal court shall notify the person cited by return mail of the date of the hearing. Any such application must be submitted to the court within 10 days of receipt of the citation. The burden of insuring delivery of the application to the court pursuant to this subsection is entirely and exclusively upon the person cited.
(Ord. No. 6494, 4/21/2025)
(1) 
A hearing requested under section 5.618(3) shall be held before the municipal court without a jury.
(2) 
The hearing shall be limited to production of evidence only on the infraction alleged in the complaint.
(a) 
Oral evidence shall be taken only on oath or affirmation.
(b) 
Hearsay evidence may be used for the purpose of supplementing, or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
(c) 
Irrelevant and unduly repetitious evidence shall be excluded.
(3) 
The person cited shall have the right to present evidence and witnesses in his or her favor and to cross examine witnesses who testify against him or her.
(4) 
If the person cited desires that witnesses be ordered to appear by subpoena, the person must so request in writing from the court by mail at any time at least 10 days prior to the scheduled hearing. A deposit for each witness to be subpoenaed shall accompany the request, such deposit to be refunded if no forfeiture is assessed by the court. The deposit shall be in the amount of equal to the witness fee allowed by statute for witnesses in circuit court. Subject to the same 10-day limitation, the code enforcement officer may also request the court that certain witnesses be ordered to appear by subpoena. In addition, subpoenas may be issued by the city prosecutor or the city attorney. If a forfeiture is ordered by the court, the order shall also provide that the person ordered to forfeit shall pay all witness fees incurred by the city in connection with the hearing.
(5) 
The defendant may be represented by counsel, but counsel shall not be provided at public expense. Counsel must file a notice of representation of the person cited with the municipal court five business days prior to the hearing date.
(6) 
The city shall have the burden of proving the alleged ordinance civil infraction by a preponderance of the evidence.
(7) 
After due consideration of the evidence and arguments presented at the hearing, the court shall determine whether the civil infraction as alleged in the complaint has been established. When the infraction has not been established, an order dismissing the complaint shall be entered in the municipal court records. When a determination is made that the civil infraction alleged has occurred, an appropriate order shall be entered in the municipal court records. A copy of the order shall be delivered to the person named in the order personally in open court, or the order may be sent to said person by mail. When a civil infraction has been determined established, and upon written request by a party to the hearing, the order shall include a brief statement of the necessary findings of fact to establish the infraction alleged. The written request for findings must be presented to the municipal court prior to trial.
(8) 
Upon a finding that a civil infraction has occurred, the court shall assess a forfeiture pursuant to the schedule established in section 5.624, plus court costs and witness fees.
(9) 
The court shall maintain a transcript of its proceedings. The transcript must contain a copy of all material entries relating to the proceedings together with all the original paper relating to the proceedings filed with the court.
(10) 
The determination of the municipal court shall be final. Any party to the litigation may appeal the court's order in accordance with ORS 221.350 and ORS 53.010 through ORS 53.130 to the district court within 30 days of entry of the municipal court ordering the forfeiture. If no appeal is taken to the district court within the 30-day time limit as required, the court may purge its record of all exhibits.
(Ord. No. 6494, 4/21/2025)
(1) 
If a cited person fails to answer the citation or appear at a scheduled hearing as provided in section 5.620, a default judgment shall be entered for the scheduled forfeiture applicable for the alleged civil infraction. In addition, the court shall assess costs and witness fees, with any security posted to be credited first to costs, then to witness fees and the balance, if any, to the forfeiture. Nothing in this subsection shall be construed to limit in any way the contempt powers of the municipal judge granted by the Springfield city charter or state law, and the judge may exercise those powers deemed necessary and advisable in conjunction with any matter arising under the procedures set forth in sections 5.612 to 5.624.
(2) 
Any forfeiture assessed is to be paid no later than 10 days after the issuance of the court's order declaring that forfeiture. The period maybe extended upon order of the municipal judge for good and substantial cause supported by clear and convincing evidence.
(3) 
Delinquent forfeitures, whether resulting from a default judgment or otherwise, which were assessed for infractions which occurred on real property or for improper use of real property, shall constitute a lien against the real property that shall be imposed on the real property pursuant to section 5.640 (imposition of nuisance liens). When posted in the city lien docket, nuisance liens may be collected in the same manner as other docketed lien debts owing to the city.
(4) 
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 forfeiture to the city.
(Section 5.622 (3) amended by Ordinance No. 5987, enacted July 16, 2001; Ord. No. 6494, 4/21/2025)
(1) 
Civil infractions are classified for the purpose of determining forfeitures under a uniform infraction citation into the following categories:
(a) 
Class 1 civil infractions.
(b) 
Class 2 civil infractions.
(2) 
Class 1 Civil Infractions. The following are Class 1 civil infractions:
(a) 
Failure to comply with any term of any voluntary compliance agreement as provided in section 5.610(5).
(b) 
If any person violates section 5.604 more than once in any 365 day period, the second violation, and each subsequent violation occurring within any 365-day period, constitutes a separate Class 1 violation.
(c) 
If section 5.604 is violated on any tax lot more than once in any 365-day period, the second violation, and each subsequent violation occurring within any 365-day period, constitutes a separate Class 1 violation.
(3) 
Class 2 Civil Infractions. The first violation in any 365-day period of section 5.604 by a person, or on any tax lot, constitutes a Class 2 violation.
(4) 
An assessment of a forfeiture for a civil infraction is an assessment to pay an amount not exceeding:
(a) 
$1,000.00 for a Class 1 civil infraction;
(b) 
$500.00 for a Class 2 civil infraction.
(5) 
For purposes of determining whether a person or property is a repeat violator for purposes of subsections (2)(b) and (c), the following shall give rise to a rebuttable presumption of a prior violation of section 5.604, which presumption may be overcome only by a showing of clear and convincing evidence:
(a) 
A voluntary compliance agreement;
(b) 
An order assessing an administrative penalty;
(c) 
A prior order entered by the municipal court assessing a civil infraction forfeiture; or
(d) 
Any civil judgment or criminal verdict entered in a court of competent jurisdiction which in the judgment of the judge of the municipal court reflects a violation of section 5.604. In making the determination, the judge may take into consideration any competent and relevant explanatory information, including but not limited to taking judicial notice of the court file and any record of the proceeding.
(Section 5.624 amended by Ordinance No. 6168, enacted May 15, 2006; Ord. No. 6494, 4/21/2025)
(1) 
In lieu of filing a citation and complaint with the municipal court on the conditions provided in section 5.614(1), the code enforcement officer may serve the person responsible with an administrative citation under these sections 5.630 to 5.638.
(2) 
The administrative citation shall either be served by personal service, posted at the location of the code violation in a clear and conspicuous location, or by certified mail return receipt requested.
(3) 
The administrative citation shall include:
(a) 
The name of the person being cited as the person responsible for the infraction;
(b) 
A statement or designation of the infraction that can be readily understood by a person making a reasonable effort to do so, and the date, time, and place at which the infraction is alleged to have been committed;
(c) 
A certificate signed by the enforcement officer that the officer has reasonable grounds to believe, and does so believe, that the person cited is the person responsible for the cited infraction; and
(d) 
The date on which prior written notice of violation was issued under section 5.608(1), and the date by which correction was to be made; or, if the citation is issued without prior written notice under section 5.608(2), a sufficient description and statement of the evidence supporting the citation;
(e) 
The amount of the administrative penalty that is assessed;
(f) 
When applicable, a statement that abatement is required and that failure to abate the infraction may result in continued administrative penalties, accruing daily, at the stated amount until proof of abatement is received; and
(g) 
A statement that the person cited has the right to appeal the administrative citation to a hearings officer for the City of Springfield.
(Ord. No. 6494, 4/21/2025)
(1) 
When assessing an administrative penalty under this code, the city manager or code enforcement officer shall consider the following factors:
(a) 
The past history of the person cited in taking all feasible steps or procedures necessary or appropriate to correct the infraction or failure to comply;
(b) 
Any prior violations of or failures to comply with statues, rules order and permits, by the person cited or arising upon the same property;
(c) 
The gravity and magnitude of the infraction;
(d) 
Whether the infraction was inadvertent, negligent, or an intentional act;
(e) 
The cooperativeness of the person cited, and any efforts correct the infraction; and
(f) 
Whether the infraction involves commercial or financial gain, or avoidance of a financial detriment, by the person cited.
(2) 
The city manager may adopt guidelines for the assessment of administrative penalties, provided that the city manager reserves the right to modify the assessment of penalties considering the factors provided in subsection (1) above.
(3) 
Unless a Notice of Protest is timely filed pursuant to section 5.634, all penalties assessed by administrative citation are due to the city no later than 5:00 p.m. local time, 14 days from the date of the administrative citation.
(Ord. No. 6494, 4/21/2025)
Any person who is issued an administrative citation may protest the citation and penalty. The Notice of Protest shall be in writing and specify each and every reason for the protest, and provide accurate information. A Notice of Protest is timely only if received by the city no later than 5:00 p.m. local time, 14 days from the date of the administrative citation.
(Ord. No. 6494, 4/21/2025)
(1) 
Referral of Protests to Hearings Officer.
(a) 
Upon receipt of a timely and complete Notice of Protest under section 5.634, the City will refer the protest to a hearings officer designated by the City Manager, who shall conduct a hearing and make all decisions concerning the protest. An untimely protest shall be summarily dismissed.
(b) 
The hearings officer shall set a date and time for the hearing at the earliest possible opportunity. The city shall promptly notify the person requesting the hearing, using the contact information provided in the Notice of Protest, of the time and place for hearing. Notice may be by any means of giving actual notice. Notice may also be given to any person determined to be an interested party in the matter.
(c) 
The hearings officer may reschedule the hearing for good cause shown. A request to reschedule must be in writing and received by the hearings officer no later than three business days prior to the scheduled hearing date. In deciding whether to reschedule a hearing, the hearings officer may consider medical necessity; the potential harm caused by a delay in the hearing; the number of requests made to date; and such other matters as the hearings officer deems relevant. If the request is granted, the hearings officer shall set a new hearing date and notify the city. The city shall notify the person requesting a hearing as provided in subsection (1)(b).
(2) 
Conduct of Hearing.
(a) 
The code enforcement officer and the person requesting the hearing may submit testimony, cross-examine witnesses, submit rebuttal evidence on the pertinent issues, make arguments, and may choose to be represented by an attorney at their own expense.
(b) 
The hearing shall be recorded in a manner that allows for written transcription to be made; the city shall retain all materials submitted at the hearing as required by state law.
(c) 
The city bears the burden of proving the cited infraction(s), by preponderance of the evidence.
(d) 
If the person cited fails to appear at the hearing or rescheduled hearing, the person cited waives the right to a hearing.
(3) 
Final Decision.
(a) 
If the hearings official concludes that the city has not met its burden of proof, the hearings officer shall dismiss the administrative citation with prejudice.
(b) 
If the hearings officer concludes that the city has met its burden of proof, the hearings officer shall uphold the administrative citation and assess the administrative penalty. The hearings officer shall further direct the person cited to correct the infraction(s) and pay any monetary amount owed within 14 calendar days after the hearings officer issues the order, or another period of time ordered by the hearings officer.
(c) 
If the hearings officer determines that the basis for protest was unreasonable or designed only for purposes of delay, or the person cited does not appear at the scheduled hearing, the person requesting the hearing may be assessed the costs of the hearing, including the cost of the hearings officer. Any such costs imposed by the hearings officer shall constitute a cost of abatement and collectable under SMC section 5.014.
(d) 
The hearings officer shall mail or otherwise delivery a copy of the order stating the hearings officer's decision to the person cited, and to the city manager, care of the code enforcement officer.
(4) 
Finality of Decision, Appeals.
(a) 
The hearings officer's decision is the final decision of the city.
(b) 
Judicial review of a decision of the hearings officer shall be on the record by writ of review pursuant to ORS Chapter 34 and not otherwise.
(Ord. No. 6494, 4/21/2025)
(1) 
The city manager or designee may establish criteria to grant a temporary waiver of enforcement action, which will give a period of time, but no longer than six months to correct the violation(s) cited without being subject to enforcement action. The criteria shall include factors such as the extent and cost of repairs, seriousness of the condition, medical condition of the person, financial capacity of the person, the time of year, or other mitigating factors.
(2) 
The manager may revoke the waiver if any of the conditions that allowed the owner to qualify for a waiver change. The waiver is not transferable.
(Ord. No. 6494, 4/21/2025)
(1) 
The finance officer or his/her designee shall provide a notice of the imposition of a nuisance lien to the property owner, by certified mail, return receipt requested, and by regular mail. Where service by certified mail is not accepted by the property owner, notice shall be deemed received on the date of attempted delivery. In addition, service in the same manner as provided for service of summons in Rule 7 of the Oregon Rules of Civil Procedure shall be deemed adequate. The notice shall state:
(a) 
The facts supporting the delinquent forfeiture;
(b) 
The total cost of the delinquent forfeiture, including any assessment for administrative overhead;
(c) 
That the cost as indicated will become a lien against the property unless paid within 30 days from the date of the notice;
(d) 
The date and time of the city council hearing to impose the lien;
(e) 
That the property owner may submit written objections to the finance director by 5:00 p.m. the day of the hearing or by oral or written objections at the city council hearing.
(2) 
The property owner may be heard at the city council hearing. The city council shall not consider protests that no nuisance or delinquent forfeiture exists. The city council shall enact a resolution that the delinquent forfeiture shall be imposed as a lien on the real property where the violation occurred.
(3) 
The finance officer or his/her designee shall communicate the city council’s resolution in writing to the property owner in the same manner as set forth in subsection (1).
(4) 
The lien shall become effective immediately.
(Section 5.625 amended by Ordinance No. 5987, enacted July 16, 2001; Ord. No. 6494, 4/21/2025)
[1]
Editor’s Note: Section 5.625 was enacted by Ordinance No. 5987, § 8, as Section 5.624. As a Section 5.624 already existed in the code, the city directed the publisher to renumber § 8 of Ordinance No. 5987 as Section 5.625 and Ordinance No. 6494 renumbered it to be Section 5.640.
Nothing in sections 5.600 to 5.626 shall be construed as limiting the right of the city to seek damages, injunctive or other appropriate relief under Oregon law for the termination of conduct in contravention of the code or ordinances of the city. Nothing herein shall be construed as limiting the rights of the city to pursue its nuisance abatement procedure as set forth in sections 6.105 to 6.120, sections 5.000 to 5.018, or any other applicable law.
(Ord. No. 6494, 4/21/2025)
[1]
Editor’s Note: Ordinance No. 6494 renumbered former Section 5.626 to be Section 5.642.