Chapter 17.130
ENFORCEMENT
Sections:
17.130.010 Violations a nuisance.
17.130.010 Violations a nuisance.
Except as provided under RRMC 17.130.030, any person violating or causing the violation of any of the provisions of this code who fails to abate said violation has committed an infraction, which, upon conviction thereof, is punishable as prescribed in RRMC 17.130.020/ORS Chapter 161. Such person is guilty of a separate violation for each and every day during any portion of which a violation of this code is committed or continued. A finding of a violation of this code shall not relieve the responsible party of the duty to abate the violation.
A. Classification of Violation. Violations shall be identified by the planning official and/or city administrator under one of the following classifications:
1. Type I. Violations which represent a serious threat to public health, safety, and welfare, or those unapproved actions deemed potentially to create serious adverse environmental or land use consequences as the result of continued development activity; or
2. Type II. Violations which do not pose a serious threat to public health, safety, and welfare, but do violate provisions of this code, including any conditions of approval.
B. Notice of Violation.
1. Type I. After receiving a report of an alleged Type I violation, the planning official determines whether the violation requires that a citation be issued immediately or whether to provide notice of the violation prior to the issuance of a citation. Notice shall be in writing and shall be provided to the owner of record for tax purposes or to the person in charge of the property. Such a notice shall indicate:
a. The location and nature of the violation;
b. The provision or provisions of this code or conditions of approval which allegedly have been violated; and
c. Whether immediate enforcement will be sought or if a specified time period will be allowed to correct or remove the violation.
2. Type II. After receiving a report of an alleged Type II violation from the planning official, the city attorney shall, upon determining that probable cause exists, promptly give notice of the alleged violation by certified first-class mail, return receipt requested, or by personal service to the owner of record for tax purposes and to the person in charge of the property; however, a defect in the notice of violation with respect to this notice delivery provision shall not prevent enforcement of this code. Such a notice shall indicate:
a. The location and nature of the violation;
b. The provision or provisions of this code or conditions of approval which allegedly have been violated; and
c. Whether immediate enforcement will be sought or if a specified time period will be allowed to correct or remove the violation.
d. The date when the notice was personally served or, if the notice was sent by first-class mail, the date three days after mailing if the address to which it was mailed is within this state and seven days after mailing if the address to which it was mailed is outside this state.
C. City Attorney to Pursue Enforcement. When the compliance deadline expires, the city attorney shall proceed with any action deemed appropriate, unless:
1. The city attorney finds that the violation has been corrected, removed, or will not be committed; or
2. A court of competent jurisdiction has halted enforcement pending the outcome of a proceeding concerning the violation. [Ord. 23-418-O § 124 (Exh. A-4)].
17.130.020 Penalties.
A. Criminal Penalties. Unless specified otherwise, every violation of the terms of this code is a class A infraction, punishable by a fine of up to $500.00. Each day such violation continues, it shall be considered a separate offense.
B. Civil Penalties and Remedies. In addition to, or in lieu of, criminal actions, a violation of this code or a permit issued hereunder may be the subject of a civil action in the nature of a debt or of any appropriate remedy issuing from a court of competent jurisdiction, including mandatory and prohibitory injunctions and orders of abatement. [Ord. 23-418-O § 124 (Exh. A-4)].
17.130.030 Other remedies.
A. Stop Work Order. The city may issue a stop work order.
B. Public Nuisance. The city may find a violation of this code is a public nuisance and take enforcement action pursuant to city of Rogue River nuisance ordinance.
C. Mediation. The city and property owner may agree to engage in mediation. [Ord. 23-418-O § 124 (Exh. A-4)].