Loading...
Ordinance 1998COUNCIL BILL N0. 1076 ORDINANCE N0. 1998 AN ORDINANCE ESTABLISHING A STREAP~LINED CIVIL INFRACTION PROCEDURE TO ENFORCE CITY ORDINANCE VIOLATIONS; PROVIDING A SCHEDULE OF FORFEITURES FOR THE VIOLATION OF SAID ORDINANCES; REPEALING ORDINANCE 1610; APED DECLARING AN EMERGENCY. WHEREAS, violations of city nuisance, building, mechanical, plumbing, and zoning codes affect the livability of the 4loodburn community; and WHEREAS, the tdoodhurn City Council has publicly stated that the city should take a positive and more vigorious approach to enforcement of these codes; and WHEREAS, the above mentioned codes are currently enforced through slow, cumbersome, and expensive procedures; and WHEREAS, a streamlined civil infraction ordinance would provide a more efficient method of notifying individuals of possible violations and of preventing or insuring correction of dangerous and otherwise illegal conditions; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For the purpose of this ordinance the following mean: (A) Civil Infraction - Commission of an act or omission to act in a manner prescribed by this ordinance or other city ordinance constituting breach or infringement of a section of a city ordinance or of this ordinance constitutes a civil infraction and shall be handled in accordance with the procedures established by this ordinance. Civil infraction does not include violations of other city ordinances where a criminal penalty is provided. When an infraction is of a continuing nature, except where specifically PAGE 1 - COUNCIL BILL N0. 1076 ORDINANCE N0. 1998 provided otherwise, 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. (B) Enforcement Officer - The City Administrator or any designee appointed by the Administrator to enforce this ordinance. (C) Forfeiture; Forfeiture Schedule - The only penalty to be imposed for an infraction is a monetary penalty called a forfeiture. The forfeiture to be assessed fora specific infraction will be determined pursuant to specific provisions within the ordinance defining the infraction, or the forfeiture schedule found in Section 5 of this ordinance. The procedure prescribed by this ordinance shall be exclusive procedure for imposing a forfeiture; however, this section shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statute or state law which are intended to abate or alleviate ordinance violations, nor shall the city be prohibited from recovering, in a manner prescribed by law, any expense incurred by it in abating or removing ordinance violations pursuant to any ordinance. (D) Person - Any natural person or persons, firm, partnership, association or corporation. (E) Responsible Party - The person responsible for curing or remedying an infraction and includes: (1) The owner of the property or the owner's manager or agent or other person in control of the property on behalf of the owner; (2) The person occupying the property including bailee, leasee, tenant or other person having possession; (3) The person who is alleged to have committed or authorized the commission of the infraction. PAGE 2 - COUNCIL BILL N0. 1076 ORDINANCE N0. 1998 Section 2. Infraction Procedure. (A) Issuance of uniform citation and complaint; (1) When a violation of a city ordinance occurs a uniform infraction citation and complaint signed by the enforcement officer may be filed with the municipal court charging the responsible party with the civil infraction and setting a date for the responsible party to appear before the municipal court to answer said complaint. (2) The enforcement officer shall prescribe the form of the uniform infraction citation and complaint, but it shall consist of at least three pages. Additional pages may be inserted for administrative purposes by those charged with the enforcement of the ordinances. The required pages are: (a) the complaint; (b) the city department record; and (c) the summons. (3) Each of the three pages shall contain the folloaaing information: (a) the name of the court and the court's file number; (b) the name of the person cited; (c) the infraction with which the person is charged; (d) the date, time and place the infraction occurred, or if the infraction is of a continuing nature, the date, time and place the infraction was observed by the enforce- ment officer, or the citizen signing the complaint; (e) the date on which the citation was issued; (f) the scheduled forfeiture for the alleged infraction; (g) the time and place at which the person cited is to appear in court to answer the complaint. (4) The complaint shall contain a form of certification that the person signing the complaint states that the person has reasonable ground to believe, and does believe that the person cited committed the infraction. (5) The summons shall also contain notice to the person cited that a civil complaint will be filed in the municipal court of the city. (B) Summons. Service of the uniform citation and complaint shall be made by personal service upon the responsible party. If personal service cannot be made then service of the uniform infraction citation and complaint shall be in accordance with the Oregon Rules of Civil Procedure. PAGE 3 - COUNCIL BILL N0. 1076 ORDINAPICE N0. 1998 (C) Answer (1) A person who receives a summons and complaint alleging an infraction shall answer such complaint by personally appearing to answer at the time and place specified therein; except an answer may be made by mail or personal delivery if received by the city within ten days of the date of the receipt of the summons as provided in subsection 2 and 3 below. (2) If the person alleged to have committed an infraction admits the infraction, the person may complete the appropriate answer on the back of each summons and forward the summons to the municipal court. Cash, check or money order in the amount of the forfeiture for the infraction alleged as shown on the back of the summons shall be submitted with the answer. Upon receipt of the forfeiture, an appropriate order shall be entered in the municipal court records. (3) If the person alleged to have committed the infraction denies part or all of the infraction, the person may request a hearing by completing the appropriate answer on the back of the summons and forwarding the summons, together with security for court fees. Upon receipt, the answer shall be entered and a hearing date established by the municipal court. The municipal court shall notify the person alleged to have committed the infraction by return mail of the date of the hearing. The security deposit may be waived in whole or in part at the discretion of the municipal court for good cause sho~vn and upon written application of the person alleged to have committed the infraction setting forth the reason for requesting the waiver and certifying that the person alleged to have committed the infraction will attend the hearing when scheduled. (D) Hearing. (1) Every hearing to determine whether an infraction has been committed shall be held before the municipal court without a jury. (2) The defendant may be represented by legal counsel, but legal counsel shall not be provided at public expense. (3) The defendant shall have the right to present evidence and witnesses in the defendant's favor, to cross-examine witnesses who testify against the defendant and to submit rebuttal evidence. (4) If the defendant alleged to have committed the infraction desires that witnesses be ordered to appear by subpoena, the defendant must so request in writing from the court. PAGE 4 - COUNCIL BILL N0. 1076 ORDINANCE N0. 1998 (5) The complainant shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence. (6) After due consideration of the evidence and arguments presented at the hearing, the court shall determine whether the infraction as alleged in the complaint was committed. 41hen the infraction has not been proven, an order dismissing the complaint shall be entered in the municipal court records. A copy of the order shall be delivered to the person named in the order personally or by mail. When the court finds that the infraction was committed, 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. (7) Upon a finding that an infraction has occurred, the court shall assess a forfeiture pursuant to the schedule established in accordance with this ordinance, plus court costs and witness fees. The municipal court judge is authorized to set reasonable court costs including security for court fees by court order. (8) Any written documents, correspondence or physical evidence associated with the matter shall be retained by the municipal court until disposed of by order of the municipal court. (9) The determination of the municipal court shall be final. Review of the court's determination shall be to the circuit court by writ of review pursuant to ORS Chapter 34. Section 3. Enforcement. (A) If a cited person fails to answer the summons or appear at a scheduled hearing as provided herein, a default judgment shall be entered for the scheduled forfeiture applicable to the charged infraction. In addition, when a person fails to appear for a hearing, the security posted, or an amount equal to the security waived, shall be ordered forfeited. Nothing in this subsection shall be construed to limit in any way the contempt powers of the municipal judge granted by the charter of state law, and the judge may exercise those powers as the judge considers necessary and advisable in conjunction with any matter arising under the procedures set forth in this ordinance. PAGE 5 - GOUPICIL BILL N0. 1076 ORDINANCE N0. 1998 (B) Any forfeiture assessed is to be paid no later than ten days after the receipt of the final order declaring that forfeiture. Such period may be extended upon order of the municipal judge. (C) Delinquent forfeitures and those brought to default judgment which were assessed for infractions may in addition to any other method be collected or enforced pursuant to ORS 30.310 or 30.315. Section 4. Lien Filing and Docketing. (A) 4dhen a judgment is given in municipal court in favor of the city for the sum of $10.00 or more, exclusive costs or disbursements, the enforcement officer may, at any time thereafter while the judgment is enforceable, file with the City Recorder a certified transcript of all those entries made in the docket of the municipal court with respect to the action in which the judgment was entered. (B) Thereupon, the City Recorder shall enter the judgment of the municipal court on the city lien docket. (C) From the time of the entry of the municipal court judgment in the city lien docket, the judgment shall be a lien upon the real property of the person against whom judgment was entered in the municipal court. Except as provided in subsection D, entry of the municipal court judgment in the city lien docket shall not thereby extend the lien of the judgment more than ten years from the original entry of the judgment in the municipal court. (D) Whenever a judgment of the municipal court which has been entered pursuant to this section is renewed by the municipal court the lien established by subsection C of this section is automatically extended ten years from the date of the renewal order. PAGE 6 - COUNCIL BILL N0. 1076 ORDINANCE N0. 1998 (E) The City Recorder may file the transcript of the judgment with the county clerk for entry in the judgment docket of the circuit court. Section 5. Amount of Forfeiture. An assessment of a forfeiture fora civil infraction shall be an assessment to pay an amount not exceeding $500.00. If a different penalty amount is provided by ordinance or statute, the assessment shall be in an amount not exceeding the amount so provided. Section 6. Severability. The provisions of this ordinance are severable. If a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. Non-Exclusive Remedy. The procedures and remedies contained in this ordinance shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statutes intended to alleviate ordinance violations. Section 8. Repeal and Saving Clause. (A) Ordinance 1610, as amended, is hereby repealed. (B) After the effective date of this ordinance, any reference to Ordinance 1610 contained in the ordinances or resolutions of the City of Woodburn shall be construed by any court to be a reference to the provisions of this ordinance. (C) Notwithstanding subsection A of this section, Ordinance 1610 shall remain valid and in force for the purpose of allowing the prosecution and punishment of a person who violated Ordinance 1610 prior to the effective date of this ordinance. PAGE 7 - COUNCIL BILL N0. 1076 ORDINANCE N0. 1998 Section 9. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: ~ ,~ ~ ~ ( ~ ~~ City Attorney Date ~, ~---° ~_,,_.~ ~ F APPROVED: ~ ~~..; _ ~' "~~~~° ~~ .~, Counci l NANCY KIRKSEI~ _DAYOR- President Passed by the Council May 23, 1988 Submitted to the Mayor May 23, 1988 Approved by the Mayor May 23, 1988 Filed in the office of the Recorder May 23, 1988 .._ ~- ATTEST: ? E~ ~ .~1~..,~ ,,. ~-;~ 'Barney Burris, Recorder City of Woodburn, Oregon PAGE 8 - COUNCIL BILL N0. 1076 ORDINANCE NO, 1998