(A) Violation of §§ 91.01, 91.02, 91.15 through 91.20, and 91.35 through 91.37 shall be punishable upon conviction by a fine not to exceed $500 for a non-continuing violation, and a fine of not more than $1,000 for a continuing offense. Upon the Municipal Court Judge’s judgment “final judgment,” or the issuance of a “default judgment” for failure to request a hearing regarding an ordinance violation, additional fines may be assessed at a rate not to exceed $1,000 per day for each day an ordinance violation continues. Documentation of a continuing violation may consist of photographic and supplemental reports. The Municipal Court Judge shall have discretion to revise upward or downward to fines based on such factors as noncompliance, partial compliance, or acceptance of a court ordered compliance agreement . A continuing offense and subsequent proposed fine “notice of intent to assess a penalty and opportunity for a hearing” may also result from failure to comply with a city ordinance following the receipt of an official warning letter.
(1) The penalties imposed by this division (A) are not exclusive, and are in addition to any other remedies available under city ordinance or state statute.
(2) The abatement of a nuisance in accordance with the procedure set forth in § 90.46 within ten days after being cited for violation of this chapter, as set forth in § 90.45, shall not constitute a penalty for a violation of this chapter, but may, based upon the determination by the court of jurisdiction, be in addition to any penalty imposed for the violation of the chapter.
(3) The abatement of a nuisance resulting in an imminent threat to the public health, safety, or property of the residents of the city in accordance with the procedure set forth in § 90.01(C) within two hours after being cited for violation of this chapter, as set forth in § 90.01(B) shall not constitute a penalty for a violation of this chapter, but may, based upon the determination by the court of jurisdiction, be in addition to any penalty imposed for the violation of the chapter.
(4) A “notice of intent to assess a penalty and opportunity for a hearing” may be issued to violators of city ordinance in lieu of a citation. Violators/respondents will be given 21 days in which to request a hearing. The Municipal Court will hear all cases in a timely manner. A “final judgment” will be issued detailing the court’s ruling and will be mailed to the violator/respondent. Should the violator/respondent fail to request a hearing within 21 days, a “final judgment” will be issued as a “default final judgment.”
(5) All penalties/fines resulting from a final judgment or a “default final judgment” will be due and payable to the city, together with interest at 9% per annum.
(6) (a) In accordance with O.R.S. 221.359 whenever any person is convicted in the municipal court of any offense defined and made punishable by any city charter or ordinance, such person shall have the same right to appeal to the circuit court as pertains to justice courts.
(b) The appeal shall be taken and perfected in the manner provided by law for taking appeals from justice courts, except that in appeals taken under O.R.S. 221.359, 221.360, 221.380, and 221.390.
(c) Any notice of appeal shall be served upon the City Attorney (all appeals shall be filed within 30 days of the issuance of a “final judgment” or “default final judgment”).
(7) If unpaid, civil penalties will be recorded by the City Recorder in the municipal lien docket and filed with the County Clerk’s office as a lien against property ten days after the statutory period.
(8) All liens shall be enforced in the same manner as liens for street improvements.
(9) An error in the name of the owner or person in charge of the property shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
(Prior Code, § 90.01) (Ord. 06-512, passed 7-5-2006; Ord. 07-516, passed 7-2-2007; Ord. 08-519, passed 5-12-2008)