A. Default Of Payment: When a defendant sentenced to pay a fine or to make restitution, defaults in the payment thereof or of any installment, the court, on motion of the city attorney or upon its own motion, may require him to show cause why his default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his appearance.
B. Contempt: Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to make a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or the restitution, or a specified part thereof, is paid.
C. Corporation Or Unincorporated Association: When a fine or an order of restitution is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or make the restitution from those assets, and his failure to do so may be held to be contempt unless he makes the showing required in subsection B of this section.
D. Additional Time For Payment: If it appears to the satisfaction of the court that the default in the payment of a fine or restitution is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or order of restitution or the unpaid portion thereof in whole or in part.
E. Collection Of Fine: A default in the payment of a fine or costs or failure to make restitution or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of a fine or restitution shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or restitution has actually been collected. (1993 Code)
F. Lien For Unpaid Fines, Restitution, And Costs: When the municipal judge orders or adjudges a person to pay a fine, restitution, or costs, the amount thereof may be recorded in the lien docket of the city and, if recorded, shall constitute a lien on that person's real property located inside the city for ten (10) years in civil actions, twenty (20) years in criminal actions including traffic violations, and fifty (50) years in criminal actions that include an award of restitution, from the date of the order or judgment or until the lien is paid, whichever is shorter.
G. Collections Of Unpaid Fines, Restitution, And Costs: When the municipal judge orders or adjudges a person to pay a fine, restitution, or costs, the amount thereof may be sent to a private collection agency and the court may add to the judgment a fee for the cost of collection as allowed by Oregon law. Prior to the matter being assigned to collections, the municipal court must provide the defendant with notice that the debt may be assigned to a private collection agency for collection and the amount of the fee. (Ord. 678, 10-6-1998; amd. Ord. 837, 9-3-2019)