Ord 1653COUNCIL BILL N0. 4 9 8
ORDINANCE N0. 1653
AN ORDINANCE AMENDING ORDINANCE N0. 1591 (AS AMENDED) TO EXPAND LIABILITY FOR
VIOLATION AND MODIFY ENFORCEMENT PROCEDURE ( SIGN CODE).
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Section 5 of Ordinance No. 1591 (as amended}is hereby
amended to read:
"Section 5. Permits Required. It shall be unlawful for any person to
construct, install, structurally alter, relocate, or maintain within
the city of Woodburn any sign or other advertising structure as defined
in this ordinance without first obtaining a sign permit from the building
official and making payment of the fee required in Section 8 hereof.
All illuminated signs shall, in addition, be subject to the provisions
of the electrical code and the permit fees required thereunder."
Section 2. Section 12 of Ordinance No. 1591 (as amended} is hereby amended
to read:
"Section 12. Enforcement.
(A) If a sign is constructed, installed, structurally altered, relocated,
or maintained without a permit and one is required under the provisions
of this ordinance, but the sign is otherwise in conformance with al]
the provisions of this ordinance, the violation shall result in a fine
up to:
$100 for the first offense (finding of violation},
$200 for the second offense (finding of violation}, and
X300 for the third and subsequent offense (finding of violationJ.
Each day the violation continues is a separate and distinct violation.
A violation of this subsection need only be proved by a preponderance of
the evidence.
(B} If a sign not in conformance with the provisions of this ordinance is
constructed, installed, structurally altered, relocated, or maintained
without a permit, this shall constitute a violation subject to:
(1) a maximum fine of $500 for the first violation,
(2) a fine of up to $500 and imprisonment for up to 90 days for the
second and subsequent violations.
Each day the violation continues is a separate and distinct violation.
A violation of this subsection may, in lieu of prosecution under this
subsection, be prosecuted under subsection (A), with its penalty and
burden of proof.
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ORDINANCE N0. 1653
(C} In addition, and not in lieu of the remedies provided in
subsections (A) and (B} above,
(1} the Building Official, or his designee, may request that the
Common Council or its designee or the City Administrator or
his designee conduct a hearing (after notice to the violator}
to~determine if there has been a violation. Notice shall
consist of a certified mail letter addressed to the violator
at his last known address, mailed to him 10 days before the
date of the hearing, or any other means of actual notice.
If the hearing results in a finding that there has been a
violation, then the Building Official, or his designee, is
authorized to cause the sign to be removed. The cost thereof
shall be (a} a charge to the violator, (b) alien upon the
real property on which the sign is located (if such real property
is awned by the violator at the time the findings of violation
occurs} and (c} co]lectible by the City in an action at law, or
(2} the Building Official, the City Administrator, the Common
Council or the Mayor, can request injunction, abatement, or
any other appropriate equitable relief from a court of compe-
tent jurisdiction to insure removal of the violating sign; if,
under the court`s order, the City removes the sign because of
the violator's refusal to do so, the cost of removal shall
be charged to the responsible party, recoverable by the~City
in an action at law; such charge~shal] also be a lien on the
real property on which the sign is located (if such real
property is owned by the violator at the time the court renders
the relief}."
Section 3. Section 3 of Ordinance No. 1591 (as amended} is hereby
amended to read:
"Section 3. Maintenance of Sigmas. No person shall construct or maintain
any sign or supporting structure except in a safe and structurally sound
condition. If the Building Official shall find any sign regulated herein
is sa unsafe and insecure as to constitute a real and present danger to
the public, he shall mail written notice to the last known actress of the
sign owner and the property owner, or notify such party or parties orally
as the imminence of the danger makes appropriate. If such a sign is not
removed or altered so as to comply with the standards herein set forth
within 30 days after such notice, or within such shorter time as the
imminence of the danger makes appropriate, the Building Official may
cause the sign to be removed or altered to comply with the standards
at the expense of the sign owner or owner of the property upon which
it is located. The Building Official may cause any sign which is an
immediate peril topersons or property to be removed summarily and with-
out notice.
If, given the imminence of the danger it is feasible, then the responsible
party shall be notified (by mailing notice to her or his last known
address or other means appropriate in the circumstances) of, and
granted, a hearing, before the Building Official, the Common Council,
Page ~ - COUNCIL BILL NO. 4 9 S
ORDINANCE NO. 1653
the City Administrator, or any designee of the above three parties, to
determine if this section has been violated. The hearing will be con-
ducted according to the minimum requirements of law given the apparent
circumstances of the alleged violation. This section shall not limit
the appropriate application of Section 12 of this ordinance.
Section 4. That Ordinance No. 1591 be, and the same is hereby amended
as follows: That a new section to be known as Section 28 be, and the same is adopted:
Section 28. Violation as Nuisance. Violation of any provision of this
ordinance is hereby declared to be a nuisance, for which remedy may be pursued by
the city to the full extent of law, notwithstanding any limitation in this or any
other ordinance.
Section 5. That Ordinance No. 1591 be, and the same is hereby amended
as follows: That a new section to be known as Section 29 be, and the same is adopted:
Section 29, Nan-Liability. The city shall incur no liability whatsoever
for removal or alteration of any sign if such removal or alteration is done in
accordance with city ordinance or otherwise in accordance with law.
Section 6. That Ordinance No. 1591 be, and the same is hereby amended
as follows: That a new section to be known as Section 30 be, and the same is adopted:
Section 30. Severability. Lf any word, clause, phrase, section, subsection,
or other portion of this ordinance is found invalid by a court of competent juris-
diction, then the remainder of the ordinance shall be given full effect.
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APPROVED: ~ r ;r ~;~ ., ,~: G..,.~ ~
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E: WA ER L WON, MA~~R
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed i n the Office of the Recorder
February 12, 1979
February 12, 1979
~ary 13,
~~br .1979
..
February 13~ 1979
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ATTEST: '; ~t's~~~.~~- :~ ~~~..~.t.~,~
ARNEY BU S, Recorder
City of Woodburn, Oregon
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ORDINANCE N0. 1653
I, BARNEY 0. BURRTS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1653, one of which said copies posted in
the City Hall on the bulletin board adjacent to the entrance
to the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third 5t.,
in full view o~ the traveling public; that all of said
places are public places within the corporate limits of
the City of Woodburn and all of said copies were posted
.. .... ... .. ....
on the ~ 1~4~th - day of Fe~b~ruary ~ , 1979.
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Barney 0. Bu ris, Recorder
City of Woodburn, Oregon