Section
37.01 Purpose and applicability
37.02 Definitions
37.03 Enforcement requirements and civil infractions
37.04 Citation for civil infractions
37.05 Contents of the civil infraction citations
37.06 Judicial proceedings and procedures
37.07 Nuisance abatement by the city and cost recovery
37.08 Civil penalties
37.09 Recordation of assessment lien and foreclosure
This chapter provides a process for enforcing the requirements of the Banks Zoning Ordinance, Land Division Ordinance, Nuisance Ordinance, Dangerous Buildings Ordinance and all other ordinances, regulations, permits, licenses or approvals issued by the city pursuant to the city's permitting or regulatory authority. Where any city ordinance provides its own or a different enforcement procedure or remedy, those procedures and remedies shall be in addition to those provided in this chapter. The civil process set forth in this chapter is designed to provide prompt notice to property owners and other interested parties that appear to be in violation of the city's legal requirements and regulations and to guarantee those accused of an infraction the right to an evidentiary hearing on the alleged infraction. The process is designed to provide a measure of certainty to the citizens of Banks that violations will be addressed promptly and decisively and to ensure that the due process rights of those accused of infractions are protected. This chapter shall not apply to criminal matters and shall not result in the imposition of criminal sanctions. Unless indicated otherwise the Oregon Rules of Civil Procedure shall be applicable and may be used in any civil enforcement action under this chapter.
(Ord. 2014-05-02, passed 5-13-2014)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL INFRACTION.
The violation or failure to comply with any provision of the Banks Zoning Ordinance, Land Division Ordinance, Nuisance Ordinance and any other ordinance adopted by the city that imposes legal obligations or regulations on people, property or activities. Civil infraction also includes any violation or failure to comply with any provision or requirement of any permit, order, license or approval granted by an authorized city official, the City Council or other decision maker.
CODE.
Collectively, the Banks Zoning Ordinance, Land Division Ordinance, Nuisance Ordinance and any other ordinance adopted by the city that imposes legal obligations, regulations or prohibitions on people, property or activities plus any other regulation adopted or administered by the City of Banks.
CODE
also means any codification of ordinances, such as the Banks Code of Ordinances that the city may adopt and from time to time amend.
COURT.
Any of the following: Banks Municipal Court, Justice Court, Washington County Circuit Court, or the Banks City Council sitting in a judicial capacity and reviewing a civil infraction under this chapter.
OFFICER.
A sworn peace officer or any person appointed by the Mayor and authorized to administer and enforce the city's Code, including, but not limited to, the City Manager, City Recorder, City Planner or the City Attorney.
PERMIT.
Permit, order, license or approval granted by an authorized city official, the City Council or other governmental decision maker plus any other permit or approval administered or enforced by the city.
PERSON.
Any individual, corporation, property owner, limited liability corporation, partnership, unincorporated association, local government, government agency or other legal entity.
RESPONDENT.
Any person, corporation, limited liability corporation, partnership, unincorporated association, or other legal entity alleged to have committed a civil infraction and the owner of any property on which a civil infraction is alleged to have occurred.
(Ord. 2014-05-02, passed 5-13-2014)
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