(A) Jurisdiction for civil infractions filed and processed under this chapter shall be in any of the following venues: Banks Municipal Court, Justice Court, Washington County Circuit Court, or the City Council sitting in a judicial capacity. The Municipal Court and City Council may adopt, and amend from time to time, procedural rules governing their proceedings. The City Recorder may serve as the Clerk to Municipal Court or the City Council in proceedings under this chapter.
(B) Unless an applicable provision of Oregon Rules of Civil Procedure provides otherwise, the following procedures shall be followed in proceedings initiated under this chapter:
(1) The respondent(s) shall appear in Court at the time and date indicated in the citation for entering a plea, at which time the respondent(s) shall state whether the respondent(s) committed or did not commit the infraction(s) alleged. The respondent(s) may enter a plea by mail prior to the arraignment date indicated in the citation so long as the written plea is actually received by the court before the stated time of the arraignment.
(2) If a respondent enters a plea of having committed the infraction, no contest, fails to appear or otherwise timely enter a plea, the Court shall find that the respondent committed the infraction as alleged and shall enter an order directing the respondent to abate, correct or otherwise remedy the violation, and the Court shall impose a civil penalty in accordance with this chapter.
(3) If a respondent timely enters a plea of having not committed the infraction, the Court shall schedule the matter for hearing.
(4) At the hearing, the citing Officer shall present the case and evidence in support of the citation. The respondent shall be afforded an opportunity to review and rebut the Officer's evidence, cross-examine the Officer's witnesses, and present testimony, evidence and witnesses in support of respondent's case. Any party may be represented by an attorney, but the city shall not be responsible for providing any respondent with legal representation.
(5) The Court shall enter an order in favor of the city if the Officer proves by a preponderance of the evidence that the respondent committed the infraction, in which case the Court shall enter an order directing the respondent to abate, correct or otherwise remedy the violation by a time certain, and the Court shall impose a civil penalty in accordance with this chapter.
(6) The Court shall retain jurisdiction over the matter until the violation is fully remedied, abated or otherwise corrected in compliance with the Court's order and the applicable requirements of the Code, state law or city-issued permit.
(7) Civil inspection warrants. At any time the city may seek, and the Court shall grant, a civil inspection warrant allowing entry onto private property for purposes of inspecting the property to determine compliance with the Code, state law or a city-issued permit. The warrant shall be issued upon oath or affirmation of a responsible city Officer seeking access to private property, including the interior of enclosed spaces and buildings, and shall allow inspection of the private property between 8:00 a.m. and 7:00 p.m., with reasonable advance notice to the owner or occupant. Any such warrant shall allow access and the ability to inspect by any responsible and suitably qualified officer, inspector, state or local official. The results of any such inspection shall be submitted as a written report to the Court.
(8) Civil contempt proceedings. In the event that a respondent fails or refuses to comply with any order issued by the Court in a civil enforcement proceeding under this chapter, the city may seek a contempt citation that the respondent be held in contempt of court and shall be subject to any sanction imposed by the Court including monetary fine and/or incarceration.
(Ord. 2014-05-02, passed 5-13-2014)