HomeMy WebLinkAbout2985 Code Enforcement
ORDINANCE NO. ai:18 S-
AN ORDINANCE CONCERNING CODE ENFORCEMENT,
AMENDING CHAPTER 1.08 OF THE ASHLAND MUNICIPAL CODE
AND REPEALING AMC 11.48
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" -' ... .. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing: and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 1.08.005 is hereby added to read as follows:
1.08.005 Code Compliance Officers.
A. Desiqnation.
The City Council hereby deleClates to the City Administrator the authority to
desiClnate bv written order anv Citv officer. emplovee. or contractor as City of
Ashland "Code Compliance Officer(s)"with authority to enforce the City Code.
The followinq positions are desiClnated Code Compliance Officers without further
order: all City police officers, Special Campus Security Officers employed by
Southern OreClon University. the City Fire Chief or desiClnees. City Public Works
Director or desiClnees, City Finance Director or desiClnees. City Community
Development Director or desiClnees. City Parks Director or desiClnees, City
Electric Utility Director or desiClnees. City Recorder or desiClnees. code
compliance officers, code enforcement employees with an approved iob
description which includes code compliance or enforcement, includinCl but not
limited to, the BuildinCl Official and desiqnees. Fire Marshal and desiClnees, and
community service officers.
B. General Powers and Duties of Code Compliance Officers.
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Code Compliance Officers are authorized to enforce any and all the provisions of
the Ashland Municipal Code and for such purposes shall have all such law
enforcement authority as may be C1ranted to such enforcement officers by
charter, ordinance and C1enerallaw.
C. RiClht of Entryl Warrant.
When it may be necessary to inspect to enforce the provisions of this code. or the
Code Compliance Officer has reasonable cause to believe that there exists in a
buildinCl or upon a premises a condition which is contrary to. in violation .of this
code or which otherwise makes the buildinCl or premises unsafe. danClerous or
hazardous. the Code Compliance Officer. in accordance with administrative
policy, may enter said buildinCl or premises at reasonable times to inspect or to
perform the duties imposed by this code, provided that if such buildinQ or
premises be occupied that credentials be presented to the occupant and entry
reCluested. If such buildinCl or premises be unoccupied. the Code Compliance
Officer shall first make a reasonable effort to locate the owner or other person
havinCl charCle or control of the buildinCl or premises and reCluest entry. If entry is
refused. the Code Compliance Officer shall have recourse to the remedies
provided by law to secure entry. includinCl but not limited to Administrative
Search Warrant.
D. Citation.
City Police Officers and Code Compliance Officers are empowered to investiClate
and enforce all violations of City ordinances. For criminal offenses created by
City ordinance, any City police officer may make an arrest consistent with the
criminal laws of the State of OreQon or may issue and serve a citation in lieu of
arrest as authorized by ORS 133.070. For the violation offenses created by City
Ordinance or Charter. any City police officer and any City Code Compliance
Officer may issue and serve a citation which shall be in the nature of a notice to
appear citation and complaint, at a time and place certain. in the form and manner
specified in ORS Chapter 153 and this Code. A Police Officer or Code
Compliance Officer is expressly authorized by law to issue a citation to a person
for a violation created by City ordinance if the officer personally witnessed the
violation or the officer has probable cause to believe that the person has
committed a city ordinance offense. As authorized in ORS 153.058(7), the City
hereby elects not to allow privately initiated violations for city charter and city
ordinance offenses. NotwithstandinCl the above, parkinQ citations may be issued
by authorized City parkinCl enforcement contractors. No person shall cancel or
solicit the cancellation of a citation without the approval of the municipal iudQe.
E. Service; Service by Mail and Failure to Receive Notice; Default.
1) Service on individuals may be made by Code Compliance Officers or
any authorized aClent of the City by any of the followinCl means:
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a. Service may be made by mailinCl the summons and complaint by
restricted or unrestricted certified or reClistered mail, return receipt
reCluested. For purposes of computinCl any time period prescribed by
this ordinance, service by mail shall be complete three days after
such mailinCl if the address to which it was mailed is within the State,
and seven days after mailinQ if the address to which it is mailed is
outside the State.
b. No default shall be entered aClainst any responsible party served by
mail under this section who has not either received or reiected the
reClistered or certified letter containinQ a copy of the summons and
complaint, unless otherwise authorized by the municipal iudCle
based upon service procedures of the OreClon Rules of Civil
Procedure.
c. Service may be made by deliverinCl the summons and complaint
directly to the person to be served.
d. Substituted service may be made by deliverinCl a COpy of the
summons and complaint at the dwellinCl house or usual place of
abode of the person to be served, to any person over 14 years of aQe
residinCl in the dwellinCl house or usual place of abode of the person
to be served. Where substituted service is used, the code
compliance officer. as SOOn as reasonably possible, shall cause to
be mailed a true COpy of the summons and complaint to the
responsible party at the responsible party's dwellinCl house or usual
place of abode. tOClether with a statement of the date, time, and place
at which substituted service was made. For the purpose of
computinCl any period of time prescribed or allowed by this
ordinance. substituted service shall be complete upon mailinQ.
e. If the person to be served maintains an office for the conduct of
business, office service may be made by leavinCl a true COpy of the
summons and complaint at such office durinCl normal workinQ hours
with the person who is apparently in charCle. Where office service is
used. the code compliance officer, as soon as reasonably possible,
shall cause to be mailed a true COpy of the summons and complaint
to the responsible party at the responsible party's dwellinQ house or
usual place of abode or the responsible party's place of business or
such other place under the circumstances that is most reasonably
calculated to apprise the responsible party of the existence and
pendency of the action, tOClether with a statement of the date. time.
and place at which office service was made. For the purpose of
computinCl any period of time prescribed or allowed by thiS
ordinance. office service shall be complete upon such mailinCl.
2. Service on particular responsible parties; minors, incapacitated persons,
corporations, limited partnerships, the State, other public bodies, C1eneral
partnerships and other entities. shall be on the persons named in the
OreClon Rules of Civil Procedure.
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F. Default {Criminal CharCles {Warrant.
Failure to appear on a violation citation may result in a default iudClment, criminal
prosecution for failure to appear [See ORS 153.992 , ORS 133.0761. a Court order
to show cause for Contempt, as well as issuance of an arrest warrant.
G. WarninCls.
City Police Officers and Code Compliance Officers may issue a warninQ notice
for any non-criminal violation of the Ashland Municipal Code. provided the Code
does not prohibit a warninCl. WarninCl notices C1enerally provide a brief
description of the violation. the name of the city department to contact reQardinCl
the abatement of the violation, the name of the person issuinCl the warninCl notice.
the date the warninQ was issued, and a statement that failure to correct the
aUeCled violation or to contact the named department cOntact within ten (10) days
may result in issuance of a citation to the municipal court as well as other
enforcement proceedinCls. The warninCl notice shall be served upon the person
or entity accused of the violation and a COpy placed in the enforcement file.
NothinQ in this section shall be construed to reCluire a warninCl notice be C1iven to
any defendant prior to issuinCl a citation or takinCl any other enforcement or
abatement action.
H. Personal appearance when abatement of violation reCluired.
NotwithstandinCl the appearance options of ORS 153.061, when the City
ordinance offense alleCled involves a continuinCl violation. a personal appearance
on the citation shall be reCluired. The violation citation itself, this Chapter, the
bail schedule. or Court order may specify offenses or classes of offenses which
reCluire a personal appearance.
SECTION 2. Repeal. Chapter 11.48 [Citations] of the Ashland Municipal Code is
hereby repealed.
. SECTION 3. Severability.
If any section. provision, clause. sentence, or paraQraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paraClraphs of
this Ordinance which can be C1iven effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 4c Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be chanQed to "code", "article", "section",
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"chapter' or another word. and the sections of this Ordinance may be
renumbered, or re-Iettered, and tYPoQraphical errors and cross references may be
corrected by the City Recorder. provided however that Section 1, and Sections 2
thru 4, unincorporated Whereas clauses and boilerplate provisions need not be
codified.
The foregoing ordinance was first read by title only in
2(C) of the City Charter on the -:.< day of
PASS D and ADOPTED this .I V day of
ccordance with Article X, Section
,2009, and duly
,2009.
~
Barbara Christensen, City Recorder
SIGNED and APPROVED this
/? day of
~
,2009.
Reviewed as to form:
110, City Attorney
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Repealed Chapter set for the convenience of the reader:
11.48 Citations
11.48.010 Traffic Citation. illegal cancellation
. ,
No person shall cancel or solicit the cancellation of a traffic citation without the
approval otthe municipal judge.
11.48.020 Citation
For the violation of this title, except Chapters 11.28, 11.32 and 11.52, a police
officer may issue a citation which shall be in the nature of a notice to appear at
a time and place certain, as required by law. If a person fails to comply with the
terms of the citation, the Chief of Police may send to the person, or the owner
of the motor vehicle, a letter informing the person, or the owner, of the violation
with a warning that if the letter is disregarded for a period of ten (10) days a
warrant of arrest will be issued.
"
11.48.025 Warnings and Citations
Warnings and Citations by Code Enforcement Officer and Community Service
Officer
1. The code enforcement officer or community service officer may issue a
warning notice for any violation of this code which is punishable as an
infraction. Warning notices shall give a brief description of the violation, the
name of the city department and employee to contact regarding the violation,
the name of the person issuing the warning notice, the date the warning was
issued, and a statement that failure to correct the alleged violation or to cOntact
the named department may result in issuance of a citation to the municipal
court. The warning notice shall be served upon the person accused of the
violation.
2. The code enforcement officer and community service officer are authorized
to enforce, and to issue a citation for, any violation of this code which is
punishable as an infraction. The citation and service of the citation shall
conform to the requirements of ORS 153.110 to 153.310.
11.48.030 Warrant
If a person fails to comply with the terms of a traffic citation, the Chief of Police
shall forthwith secure and have served a warrant for the arrest of the person.
11.48.040 Citations by Special Campus Security Officers at SOU
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The Special Campus Security Officers employed by Southern Oregon
University are authorized to enforce and to issue citations on the Southern
Oregon University Campus for minor in possession of alcohol (ORS 471.430)
and for unlawful possession of less than an ounce of marijuana (ORS
475.992). The citation and service of the citation shall conform to the
requirements of ORS 153.110 to 153.310.
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