§ 99.09 JUDICIAL REVIEW AND ENFORCEMENT.
   (A)   Judicial review.
      (1)   Any person aggrieved by a final decision of the City Council 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 request for judicial review in accordance with the provisions of this chapter, and within the thirty days required, 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 receive from the City Council an order excusing the late request, and then thereafter pursue to conclusion the hearing and then timely seek an appeal.
      (2)   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.
      (3)   Unless the violation is one subject to summary abatement, all abatement activities shall be stayed during the course of the appeal.
   (B)   Judicial enforcement.
      (1)   At the election of the City Council, the city may dispense with the notice and hearing procedures set forth above, and in lieu thereof enforce this chapter by a civil action initiated by the City Attorney or special counsel in any court of competent jurisdiction, including the Circuit Court of the State of Oregon for Union County. Prior to the initiation of such suit the person or persons in charge of the property shall be sent a notice which contains:
         (a)   A description of the real property by street address or otherwise, on which the violation exists;
         (b)   A direction to abate the violation within no less than 15 days from the date of the notice;
         (c)   A description of the violation;
         (d)   A statement that unless the violation is abated within the stated time or within the time of any extension granted by the city, the city will initiate legal action to enforce the terms of the city's solid waste ordinance; and
         (e)   A statement that failure to abate the violation within the time provided may warrant imposition of a fine.
      (2)   Upon completion of mailing, the persons doing so shall execute and maintain in the city's records certificates stating the date and place of the mailing and posting.
      (3)   If an enforcement proceeding is initiated using the notice provisions of § 99.03, the City Council may at any time terminate such proceedings and direct the City Attorney or special counsel to file legal action, in which case the notice provided for in division (B)(1) of this section shall not be required. Instead the persons in charge of the subject property shall be advised by first class letter that the pending proceedings before the City Council are terminated and that the City Attorney or special counsel as the case may be has been directed to file suit to enforce this chapter.
      (4)   In any legal action, the court shall have the authority to award to the city all remedies that are provided for in this chapter including, but not limited to, directing the defendants to abate the nuisance, imposing fines as set by generally set by the City Council against the defendants payable to the city, and granting the city the right to proceed with abatement and to charge the defendants with the cost thereof and to have such costs be a lien against the subject property. The court shall also have the authority to allow for any other remedy available at law or in equity, including, but not limited to, injunctive relief.
      (5)   In any legal action, 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. 555, passed 11-9-2014)