[Ord. 23-1500]
The purpose of this chapter is to proscribe the procedures and requirements to notice, assess, collect, and enforce civil penalties.
[Ord. 23-1500]
Unless otherwise required by context, as used in this chapter:
Means a non-criminal remedy for any violation of a Metro regulation, order, code section, law, administrative rule, permit, franchise, license or any other similar regulatory requirement.
Means “Department Director” as defined in Metro Code Chapter 2.17.
Means a person appointed by the Chief Operating Officer to hear and determine a contested case.
Means the person against whom Metro has assessed a civil penalty.
[Ord. 23-1500]
Each violation is a separate and distinct offense. In cases of continuing violation, each days’ continuance is a separate and distinct violation.
[Ord. 23-1500]
Notwithstanding § 2.03.030, proceedings to assess multiple civil penalties for multiple violations may be consolidated into a single proceeding.
[Ord. 23-1500]
(a)
Metro must give notice in writing to a respondent when Metro assesses a civil penalty. The notice must include:
(1)
A reference to the particular Metro Code section, ordinance, order, permit, regulation, or rule involved;
(2)
A short and plain statement of the matters asserted or charged;
(3)
A statement of the amount of the penalty or penalties imposed; and
(4)
A statement of the respondent's right to request a contested case hearing.
(b)
Metro may give the notice required under subsection (a) by any method or combination of methods which, under the circumstances, is reasonably likely to apprise the respondent of the civil penalty assessment. When Metro provides notice by United States Postal Service mail, then three days are added to the 30-day deadline set forth in subsection (a). The following notice methods satisfy the notice requirements of this section:
(1)
Personal delivery;
(2)
Mailing the notice by United States Postal Service mail, postage prepaid, and addressed to the residence or business address of the party or parties;
(3)
Any method authorized by the Oregon Rules of Civil Procedure for the service of summons; or
(4)
Electronic mail to the last known electronic mail address on file if Metro is giving notice to a person or entity currently regulated, licensed, franchised, or otherwise permitted by Metro.
[Ord. 23-1500]
(a)
In establishing the amount of a civil penalty to be assessed, Metro may consider the following factors:
(1)
Whether the respondent has committed any prior violation, regardless of whether any administrative, civil, or criminal proceeding was commenced as a result;
(2)
The history of the respondent in taking all feasible actions necessary or appropriate to correct any violation; or
(3)
The respondent’s economic and financial condition.
(b)
In establishing whether Metro should mitigate a civil penalty, Metro may consider the following factors:
(1)
The gravity and magnitude of the violation;
(2)
Whether the violation was repeated or continuous;
(3)
Whether a cause of the violation was a negligent or an intentional act of the respondent;
(4)
The opportunity and degree of difficulty to correct the violation;
(5)
The respondent's cooperativeness and efforts to correct the violation for which Metro may assess the penalty;
(6)
The cost to Metro to investigate or correct the cited violation; or
(7)
Any other relevant factor.
[Ord. 23-1500]
Unless specified otherwise in Metro Code, no financial civil penalty may exceed $500 per day per violation.
[Ord. 23-1500]
Unless otherwise stated in the written notice of civil penalty assessment, a civil penalty is due and payable when Metro serves the respondent with the written notice of civil penalty assessment.
[Ord. 23-1500]
At any time after Metro serves the written notice of assessment of civil penalty, the appropriate Director is authorized to compromise or settle any unpaid civil penalty that the Director deems appropriate.
[Ord. 23-1500]
Unless the respondent pays the amount of the penalty within 10 days after a contested case order becomes final, the order constitutes a judgment and Metro may file it in accordance with the provisions of Oregon Law. Metro may execute upon the order in the same manner as execution upon a judgment of a court of record.
[Ord. 23-1500]
(a)
The Chief Operating Officer may adopt or amend administrative rules to implement any provision of this chapter, including adopting procedures and forms. Any rule adopted or amended under this subsection has the same legal force and effect as any other chapter provision.