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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. Page 1 of 7 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: Page 2 of 7 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. Page 3 of 7 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", Page 4 of 7 "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 Page 5 of 7 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 Page 6 of 7 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. Page 7 of 7