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(A) Any burning permit may be revoked at any time if:
(1) The permit holder is, or would be, in violation of any applicable provision of this chapter or of any adopted code; or
(2) The burning would, in the opinion of the Fire Chief, be a hazard to another person’s health or otherwise be unsafe.
(B) The revocation of a permit as well as the suspension of the right to obtain a burning permit may be imposed as a penalty for a violation of this chapter in addition to any other penalty that may be imposed for such violation.
(Ord. 543, passed 11-10-2014; Ord. 547, passed 4-13-2015)
Upon compliance with all applicable procedures, all officials authorized to enforce this chapter or to otherwise carry out its terms, and all officials with duties hereunder that require entering upon private property in order to carry out such duties, are authorized to enter private property at all reasonable times in furtherance of the official’s duties.
(Ord. 543, passed 11-10-2014; Ord. 547, passed 4-13-2015)
(A) The responsible person in charge of a fire, as well as any person conducting the fire, shall be responsible for violations of this chapter and shall be liable for all damages, penalties, and fines resulting from burning in violation of this chapter.
(B) A person violating a provision of this chapter shall, upon conviction, be guilty of a violation which shall be punishable by a fine set by the Union City Council by resolution or ordinance. Such a person shall also be subject to any civil remedies available to the city as set forth in this chapter or as otherwise provided for by law.
(C) All persons authorized to enforce the terms of this chapter shall be entitled to issue citations for any violation.
(Ord. 543, passed 11-10-2014; Ord. 547, passed 4-13-2015)
(A) The Union Fire Department is hereby authorized to respond to and suppress a fire burning in violation of this chapter or to a secondary fire caused by such a fire. If the Union Fire Department reasonably responds to or suppresses any such fire, the person or persons responsible for the violation, as set forth in § 92.21, shall pay the city for all costs associated with the response and/or suppression efforts. Such persons shall be jointly and severally liable.
(B) When the city responds to or suppresses a fire set or conducted in violation of this chapter, or to a secondary fire caused by such a fire, it may do so using any lawful means, and the city or its agents may enter upon the subject property and may extinguish any fire or secondary fire. The city may also seek such judicial process as it deems necessary.
(C) No person shall obstruct, impede, or interfere with the city or its agents in the implementation of this chapter, or with any person retained or hired by the city to effect fire response or suppression efforts, or with any person who is a person in charge of the property performing any acts necessary to correct a violation.
(D) Assessment of costs.
(1) The city shall maintain a record of all expenses incurred in responding to a violation and/or suppressing a fire. The record shall include, but is not necessarily limited to, charges for labor and personal services, equipment rentals, the costs of contractors, materials expense, fuel costs, reasonable charge for use of city-owned equipment, the costs of transportation, and an additional charge of 15% of the amount of the total cost for administrative overhead.
(2) A notice of assessment of the costs shall be sent by certified mail with return receipt to the responsible party or parties. The notice shall contain:
(a) The total costs of response and/or suppression, including the administrative overhead;
(b) A statement that the costs are presently due and owning and are the personal obligation of the person or persons responsible pursuant to this chapter; and
(c) A statement that if the person or persons object to the costs, he or she may file a notice of objection with the City within 15 days of the date of the notice.
(3) Objections to the proposed assessment shall be heard and determined by the City Council, or by the City Council’s designee, without the right to further administrative review.
(4) If the costs are not paid within 60 days from the date of the issuance of the notice of costs, or if an objection was timely filed, from the date of the city’s determination of costs the total amount due shall accrue interest at the rate of 9% per annum. The city is hereby authorized to enforce this obligation by any legal means including the filing of a legal action.
(5) Any person aggrieved by a final decision of the City Council, or the Council’s designee, may appeal to the Circuit Court of the State of Oregon for Union County for judicial review of the City Council’s decision. The appeal shall be filed within 30 days from the effective date of the decision. The failure of any person to file a timely request for judicial review in accordance with the provisions of this section shall constitute a waiver of the right to judicial review, and the decision of the City Council shall then be final. There shall be no right to judicial review if the person appealing did not timely seek a hearing before the City Council, or the Council’s designee, and then thereafter pursue to conclusion the hearing.
(6) On judicial review to Circuit Court, all rules governing the form of pleadings, procedures, the taking of evidence, and such other matters as may affect the proceeding shall be governed by the Oregon Rules of Civil Procedure, the Oregon Evidence Code, and such other rules and laws applicable to proceedings in circuit court and/or as directed by the judge presiding over the proceedings.
(Ord. 543, passed 11-10-2014; Ord. 547, passed 4-13-2015)
Notwithstanding anything to the contrary in this chapter, the Union City Council may by resolution, or the Union Fire Chief may by order, prohibit or otherwise limit any or all open burning within the city if the City Council or the Fire Chief in their respective discretion determines that smoke emissions may be offensive to occupants of surrounding properties or that open burning may be a hazardous condition under the prevailing circumstances.
(Ord. 543, passed 11-10-2014; Ord. 547, passed 4-13-2015)
Wood stoves, fireplaces or outdoor fireplaces must be used for heating and cooking purposes only and may not be used to burn household garbage, tires, furniture, colored paper, cardboard, plastics, leaves, green material or other yard or vegetative debris.
(Ord. 543, passed 11-10-2014; Ord. 547, passed 4-13-2015) Penalty, see § 10.99
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