50.09.002 ENFORCEMENT Amended Ord. 2612-A, Effective 6/20/13
1. DUTIES OF CITY MANAGER
a. It is the duty of the City Manager to enforce the provisions of this Code.
b. It shall be the duty of the City Manager to ensure compliance with conditions of approval or postponement of any approvals or actions related to LOC 50.06.009, Historic Preservation.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
2. ABATEMENT
Upon request of the City Manager, the City Attorney may institute an appropriate action in any court to enjoin the maintenance of any use, occupation, building or structure which is in violation of any provision of this Code.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
3. REVOCATION OF PERMIT
Upon referral by the City Manager, the Development Review Commission may hold a hearing pursuant to LOC 50.07.003.3.e, 50.07.003.4, and 50.07.003.15.b to consider revocation of an approved permit and/or revocation of a certificate of occupancy. The DRC may revoke any permit approval or certificate of occupancy based upon one or more of the following findings:
a. The applicant or the applicant’s representatives either intentionally or unintentionally committed a material misrepresentation of fact in the application or the evidence submitted in support of the application. For the purposes of this section, "material misrepresentation of fact" means a misstatement of factual information that:
i. Was submitted by the applicant in support of the application;
ii. Could have been corrected by the applicant at the time of application; and
iii. Formed the sole basis for approval of the application pursuant to an applicable approval criterion.
A "material misrepresentation of fact" does not include misstatements of fact made by City staff or caused by failure by another party to appear or adequately testify.
b. The applicant or successor in interest failed to complete the work within the time or in the manner approved without obtaining an extension of time or modification of the permit from the granting authority.
c. The applicant or successor in interest failed to maintain or use the property in accordance with the approved permit or conditions of approval.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
4. INJUNCTIVE RELIEF – HISTORIC PRESERVATION
Upon request of the City Manager, the City Attorney may institute an appropriate action in any court to enjoin the demolition, alteration or moving of any historic resources, or noncontributing resource or construction on or to any landmark or within any historic district which is in violation of any provision of this section.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
5. FAILURE TO FULFILL OBLIGATION, LIEN CREATED
a. If the City Manager determines that an applicant has failed to fulfill the obligations referred to in LOC 50.07.003.9, Improvements and Security, written notice shall be given detailing the failure and stating the City’s intention to use the security given to complete the obligation. If the City completes the obligation and the security required by LOC 50.07.003.9, Improvements and Security, is not sufficient to compensate the City for costs incurred, the excess amount due to the City, plus a 10% administrative charge, is a lien in favor of the City and upon the real property subject to the obligation.
b. The lien attaches upon entry in the City lien docket and the giving of notice of the claim for the amount due for the completion of the obligation. The notice shall demand the amount due, allege the insufficiency of the bond or other security to compensate the City fully for the cost of the fulfillment of the obligation, and allege the applicant’s failure to complete the required obligation.
c. The lien may be foreclosed in the manner prescribed by ORS Chapter 223 for foreclosing liens on real property.
(Ord. 2579, Repealed and Replaced, 03/20/2012)