Ord 1610COUNCIL BILL N0. 438
ORDINANCE N0. 1610
AN ORDINANCE ESTABLISHING A CIVIL INFRACTION PROCEDURE FOR VIOLATION
OF CERTAIN CITY ORDINANCES; PROVIDING A SCHEDULE OF FORFEITURES FOR
VIOLATION OF SAID ORDINANCES; AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Establishment and Pu~'pose.
(1} A procedure to handle violations of city ordinances as civil
infractions, subject to the provisions set forth below, is hereby
established, pursuant to the home rule powers granted the city of
Woodburn by Article IV, Section 1, and Article ~I, Section 2 of the
Oregon Constitution and Chapter IV, Sections 5 and 6, of the City of
Woodburn Charter.
(2} A civil infraction procedure has been established for the
purpose of decriminalizing penalties for violations of certain civil
ordinances and for the purpose of providing a convenient and practical
forum for the civil hearing and determination of cases arising out of
said violations.
(3} This ordinance shall be known and referred to as the "City
Civil Infractions Ordinance".
Section 2. Definitions. For the purpose of this ordinance,
the following definitions apply.
(1} City infraction. An offense against the City in the form
of a violation of one of the city ordinances or section thereof, as
designated by the ordinance, constitutes a city infraction and shall
be handled in accordance with the procedures established by this
ordinance. When an infraction is of a continuing nature, a separate
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Ordinance No. 1610
infraction will be deemed to occur on each calendar day that the
infraction continues to exist and a separate citation may be filed for
each such infraction.
(2) Forfeiture; forfeiture schedule. The only penalty to be
imposed for an infraction is a monetary penalty called a "forfeiture".
The forfeiture to be assessed for a specific infraction will be
determined pursuant to the forfeiture schedule found in Section 6. The
procedure prescribed by this ordinance shall be the exclusive procedure
for imposing a forfeiture. However, this section shall not be read
to prohibit in any way any other alternative remedies set out in ord-
inances covered by this infraction procedure 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 said
ordinance.
(3} Person. The term "person" as used in this ordinance shall
be construed to include any person, firm, partnership, corporation
or association of persons.
Section 3. Application. Ordinances enacted or amended after
the effective date of this ordinance which require a forfeiture provision
for their enforcement shall incorporate by reference the infraction
procedure set out herein.
Section 4. Infraction Procedure.
(1) Reporting. All reports of infractions covered by this ordinance
shall be made to the City Administrator or his designated representative.
(2) Prior written notice. When an infraction of a city ordinance
covered by this procedure is brought to the attention of the City
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Ordinance No. 1610
Administrator or his designated representative, he may determine that
the responsible party be given written notice of the infraction and
allow a specific length of time in which the infraction may be remedied
before further action is taken. The City Administrator or his designated
representative, after a review of the facts and circumstances surrounding
the alleged infraction and upon making a determination that sufficient
evidence does not exist to support the allegation that an infraction
has occurred, or if he deems it in the best interests of the city, may
refuse to give the notice and refuse to proceed further with the matter.
The notice, signed by the City Administrator or his designated repre-
sentative, shall be sent by certified or registered mail, return receipt
requested, and shall contain the following informations
(a) Sufficient description of the activity in violation
to identify the recipient of the notice as being 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 remedy must be completed or begun.
(d) An invitation to participate in an informal conference
concerning the alleged violation and the date that conference
is to be held.
(e) A statement advising that if the informal conference
is not attended or if the required abatement is not completed
or commenced within the time specified, a civil complaint will
be filed in the Woodburn Municipal Court, a summons will be issued
for the person to appear to answer the complaint, and ti2at a
forfeiture in the maximum amount scheduled could be imposed.
(3) Informal conference. It is the purpose of this subsection to
establish an expeditious and informal procedure for providing information
to a person alleged to have committed a city infraction and to allow
for the resolution of alleged city infractions without resort to the
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Ordinance No. 1610
issuing of a Uniform Infraction Citation or a formal court hearing.
(a} The notice set forth in (2} above shall invite the
recipient to attend an informal conference on a date and at a
time certain. This date shall be prior in time to the date stated
in the notice by which time a remedy must have been completed
or begun.
(b) The participants in the informal conference shall be:
(i) The person who will sign the Uniform Infraction
Citation, if that becomes necessary.
(ii) The recipient of the notice.
(iii) A person, designated by the City Administrator, to
act as the conference mediator.
The notice recipient may be accompanied by counsel, but none will
be provided at public expense. A representative from the City
Attorney's office may be present at any hearing.
(c) At the time of the conference, the facts concerning
the alleged violation shall be discussed and, if appropriate,
proposed solutions to the alleged infraction may also be discussed.
If, as a result of the conference, agreement is reached by all
concerning a resolution of the problems which gave rise to the
need for the conference, the agreement shall be memorialized
in writing by the conference participants, shall be known as a
"Voluntary Compliance Agreement", and shall be binding on the
notice recipient. The fact that a person alleged to have committed
a city infraction enters into such an agreement shall not be
considered an admission of having committed an infraction for
any purpose.
(d) During the time allowed in the Voluntary Compliance
.Agreement for the completion of necessary corrective action,
the city shall hold further processing ;of the alleged violation
in abeyance. If all terms of the Voluntary Compliance Agreement
are satisfied, the city shall take no further action concerning
the alleged violation other than those steps necessary to
terminate the matter.
(4) Uniform Infraction Citation and Complaint.
(a) If the recipient of a prior written notice fails to
comply with the provisions set out therein, or if the City Admin-
istrator or his designated representative deems the prior written
notice provision to be inapplicable, a Uniform Infraction Citation
and Complaint signed by the City Administrator, his designated,
representative, or any citizen shall be filed with the municipal
court, charging the recipient with a civil infraction and setting
a date for said person to appear before the municipal court to
answer said complaint.
(b) The City Administrator or his designated representative
shall prescribe the form of the Uniform Infraction Citation and
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Ordinance No. 1610
Complaint, but it shall consist of at least three parts. Additional
parts may be inserted for administrative purposes by those charged
with the enforcement of the ordinances. The required parts are:
(i) The complaint.
(ii) The city department record.
(iii) The summons.
(c) Each of the three parts shall contain the following
information:
(i) The name of the court and the court's file number.
(ii) The name of the person cited.
(iii) The infraction with which the person is charged.
(iv) 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 City Administrator,
his designated representative, or the citizen signing the
complaint.
(v) The date on which the citation was issued.
(vi) The scheduled forfeiture for the alleged infraction.
(vii} The time and place at which the person is to appear
in court.
(viii) Whether a prior written notice was previously issued
to the cited person for the same infraction.
(d) The complaint shall contain a.forrn of verification that
the person signing the complaint swears that he has reasonable
grounds to believe, and does so believe, that the person cited
committed the infraction.
(~) The summons shall also contain notice to the person
cited that a civil complaint will be filed in the Municipal Court
of Woodburn.
(5) Summons. Service of the Uniform Infraction Citation and
Complaint shall first be attempted to be made by personal service upon
the cited person. If such personal service cannot be accomplished,
then. service shall be by certified or registered mail, return receipt
requested.
(6) Answer.
(a) 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 that an
answer may be made by mail or personal delivery within 10 days
of the date of the receipt of the summons, as provided in Subsections
(2) and (3) of this section.
(b) If the person alleged to have committed an infraction
admits the infraction, he may complete the appropriate answer on
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Ordinance No. 1610
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 face 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.
(c) If the person alleged to have committed the infraction
denies part or all of the infraction, he may request a hearing
by completing the appropriate answer on the back of the summons
and forwarding the summons, together with security in the amount
of $15.00 for court fees. Upon receipt, the answer shall be entered
and a hearing date established by the municipal court. The muni-
cipal court shall notify the person alleged to have committed the
infraction by return mail of the date of the hearing. The security
received shall be returned upon appearance by the person alleged
to have committed the infraction for the hearing, except as
otherwise provided in this ordinance. The security deposit may
be waived in whole or in part at the discretion of the municipal
court for good cause shown 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.
(7) Hearing.
(a) Every hearing to determine whether an infraction has
occurred shall be held before the municipal court whithout a jury.
(b} The hearing shall be limited to production of evidence
only on the infraction alleged in the complaint.
(i) Oral evidence. Oral evidence shall be taken only
on oath or affirmation .
(ii) Hearsay evidence. 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.
(iii) Admissibility of evidence. Any relevant evidence
shall be admitted if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common
law or statutory rule which might made improper the admission
of such evidence over objection in civil actions in courts
of competent jurisdiction in this state.
(iv) Exclusion of evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
(c} The defendant shall have the right to present evidence
and witnesses in his favor, to cross-examine witnesses who testify
against him, and to submit rebuttal evidence.
(d} If the person alleged to have committed the infraction
desires that witnesses be ordered to appear by subpoena, he must
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Ordinance No. 1610
so request in writing from the Court at the time the answer is
returned, or subsequently by mail at any time at least five days
prior to the scheduled hearing. A deposit for each witness shall
accompany the request, such deposit to be refunded if no forfeiture
is assessed by the final order. The deposit shall be in an amount
equal to the witness fee allowed by statute for witnesses in circuit
court. Subject to the same five-day limitation, the complaining
official, the citizen who signed the complaint or the City Attorney
as appropriate, may also request the court that certain witnesses
be ordered to appear by subpoena. If a forfeiture is declared in
the final order, the order shall also provide that the person
ordered to forfeit shall pay any witness fees payable in connection
with the hearing.
(e} The defendant may be represented by counsel, but counsel
shall not be provided at public expense. If defense counsel is to
appear, written notice shall be provided to the municipal court
five days prior to the hearing date, excluding week-ends and
holidays.
(f} The complainant, or, if the city is the complainant,
the city's representative, shall have the burden of proving the
alleged ordinance infraction by a preponderance of the evidence.
(g) After due consideration of the evidence and arguments
presented at the hearing, the court shall determine whether the
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 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 or by mail. Upon written request by a party to
the hearing, the order shall include a brief statement of the n
necessary findings of fact to establish the infraction alleged.
(h} 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 of $10.00 and
witness fees.
(i) Appeal from the determination of the municipal court
shall be to the circuit court as provided by ORS 221.350.
Section 5. Enforcement.
(1) 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 requested hearing, an
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Ordinance No. 1610
additional $15.00 shall be ordered forfeited, with any security posted
to be credited to this amount. Nothing in this subsection shall be
construed to limit in any way the contempt powers of the municipal
judge granted by the Woodburn City Charter or state law, and the judge
may exercise those powers as he may deem necessary and advisable in
conjunction with any matter arising under the procedures set forth
in this ordinance.
(2} Any forfeiture assessed is to be paid no later than 10 days
after the receipt of the final order declaring that forfeiture. Such
period may be extended upon order of the municipal judge.
(3) Delinquent forfeitures and those brought to default judgment
which were assessed for infractions which occurred on real property
or for improper use of real property shall constitute a lien against
said real property and when posted in the city lien docket may be
collected in the same manner as other such 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 6. Schedule of Forfeitures.
(1) Infractions are classified for the purpose of determining
forfeitures into the following categories:
(a} Class 1 infractions.
(b} Class 2 infractions.
(c} Class 3 infractions.
(2} An assessment of a forfeiture for an infraction shall be an
assessment to pay an amount not exceeding:
(a) $500.00 for a Class 1 infraction.
(b) $250.00 for a Class 2 infraction.
(c) $ 50.00 for a Class 3 infraction.
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Ordinance No. 1610
(3) Ordinances which require a forfeiture provision for their
enforcement shall designate the infraction classification.
Section 7. 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 the ordinance.
Section 8. Emergency. 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.
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AP ~-~~- C..~ .:
PROVED -~.~-~.
STANCE Mayor
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
ATTES' .~' ~~,~,~ l! ~~~c..
BARNEY O. BUR IS, Recorder
City of Woodburn, Oregon
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Ordinance No. 1610
June 5, 1978
June 5, 1978
June 6, 1978
June 6, 1978
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1610, 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 St.,
in full view of 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
12th day of June 1978.
,,, ..
Barney 0. urris, Recorder
City of Woodburn, Oregon