Chapter 1.08
CITATION

Sections:

1.08.010    Purpose and scope.

1.08.020    Definitions.

1.08.030    Right to enter property.

1.08.040    Procedure.

1.08.050    Stop work or use.

1.08.060    Citation.

1.08.070    Warnings.

1.08.080    Appearance by defendant.

1.08.090    Failure to appear, appeal.

1.08.010 Purpose and scope.

This chapter provides a procedure for the disposition of violations of all Crook County ordinances as infractions pursuant to the authority of ORS 203.065 and ORS 153.110 to 153.270. (Ord. 28 § 1, 1984)

1.08.020 Definitions.

(1) “Building official” means the Crook County building official or a staff member of the building department.

(2) “Health administrator” means the Crook County public health administrator or a staff member of the health department.

(3) “Planning director” means the Crook County planning director or a staff member of the planning department.

(4) “Sheriff” means the Crook County sheriff or a deputy.

(5) “Officer” means the building official, health administrator, sheriff, planning director or city of Prineville police officer.

(6) “Roadmaster” means the Crook County roadmaster or a duly authorized staff member of the road department. (Ord. 149 Amd. 1 § 1, 2006; Ord. 28 § 2, 1984)

1.08.030 Right to enter property.

An officer having reasonable grounds to believe that a person has violated a county ordinance may enter upon real property for the purpose of making an investigation. (Ord. 28 § 3, 1984)

1.08.040 Procedure.

An officer having reasonable grounds to believe that a person has violated a county ordinance may issue a verbal warning, a written warning, a citation, or a stop work or use order. In cases of a violation of the zoning ordinance, a written warning, as provided in CCC 1.08.070, must be issued prior to citation.

When a citation is issued, the officer shall give one copy to the defendant, one copy to the circuit court for Crook County and one copy to the district attorney or county counsel. The district attorney or county counsel may file a complaint, attached as Exhibit “A” to the ordinance codified in this chapter and incorporated by reference.

The defendant shall respond to the citation as provided in CCC 1.08.080. A copy of the complaint will be available to the defendant on the day the defendant is to appear in court. (Ord. 28 § 4, 1984)

1.08.050 Stop work or use.

The building official or roadmaster, or a member of either department’s staff who, having reasonable grounds to believe, and does believe, that a person has committed a violation of a county ordinance, may issue a stop work or use tag where the violation is alleged to occur notwithstanding other remedies provided by law. Failure to comply with the tag is a separate violation. (Ord. 149 Amd. 1 § 2, 2006; Ord. 28 § 5, 1984)

1.08.060 Citation.

(1) When an officer has reasonable grounds to believe a person has committed a violation of a county ordinance, the officer may issue that person a citation for that violation.

(2) A citation, substantially conforming to Exhibit “B,” attached to the ordinance codified in this chapter and incorporated by reference, shall be used for all violations. The sheriff or city of Prineville police officer may use a citation substantially conforming to Exhibit “C,” attached to the ordinance codified in this chapter and incorporated by reference. (Ord. 28 § 6, 1984)

1.08.070 Warnings.

Written warnings may be issued in lieu of a citation, except that in case of a zoning or nuisance violation, a written warning of the alleged violation shall be required at least 15 days prior to the date the citation is issued. The written warning shall be delivered personally or sent by certified mail. (Ord. 28 § 7, 1984)

1.08.080 Appearance by defendant.

The defendant shall appear before the court indicated on the citation at the time indicated on the citation. (Ord. 28 § 9, 1984)

1.08.090 Failure to appear, appeal.

Failure to appear penalties and appeal rights are pursuant to Chapters 34 and 153 ORS. (Ord. 28 § 10, 1984)