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(A) Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessment shall be liens against the lots or parcels of land assessed, respectively. The lien shall continue until the assessment and all interest due and payable thereon are paid.
(B) All such personal obligations and assessments remaining unpaid after thirty days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 9% per annum from and after said date.
(C) The lien may be enforced, collected upon and foreclosed in accordance with the provisions of O.R.S.§§ 223.505 through 223.650 and by suit in equity or at law in circuit court.
(Ord. 555, passed 11-9-2014)
(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)
(A) A person violating a provision of this chapter or an order issued under authority of this chapter shall, upon conviction, be guilty of a violation punishable by a fine set by the Union City Council by resolution. 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.
(B) Each day's violation of a provision of this chapter or of an order issued under authority of this chapter constitutes a separate violation. The abatement of a nuisance is not a penalty for violating this chapter, but instead is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within ten days of the date of notice to abate, or if a protest or appeal has been filed pursuant to the terms of this chapter, the abatement within ten days of the disposition of the protest or appeal if a nuisance is found to exist, will excuse the person responsible from the imposition of any fine.
(C) The City Council may, in its discretion, suspend, cancel, or delay the imposition of fines provided for by this chapter. Also, at the City Council's discretion, fines may be suspended or otherwise abated during the period during which the rights of review provided for herein are properly exercised; in exercising the discretion provided for in this sentence, the City Council shall consider the degree to which the review sought has been frivolous as well as other factors considered relevant in the Council's judgment.
(D) The statement of a penalty within this chapter is not preclusive, and shall not prevent the imposition of other penalties or remedies that may be available to the city under any other ordinance, statute, regulation, law, or resolution.
(Ord. 555, passed 11-9-2014)