Chapter 15.60
Violation – Penalty
Sections:
15.60.060 Administrative procedure for handling alleged violations.
15.60.010 Administration.
The City Administrator shall have the power and duty to enforce the provisions of this division. An appeal from a ruling of the Administrator shall be made to the City Planning Commission.
The City Administrator or designee may abate any violations in this title as prescribed in Chapter 8.30 BMC or may use BMC 15.60.060 solely at the discretion of the City Administrator. [Ord. 722 § 1, 2010; Ord. 509 § 12.010, 1981; 1981 Compilation § 8-7:12.010.]
15.60.020 Appeal.
A. Any person affected by a decision may appeal to the City Council from a decision or requirement made by the Planning Commission. Written notice of the appeal must be filed with the City Administrator within 10 days after the decision or requirement is made with respect to a proposed minor partition, or within 30 days after the decision of requirement is made with respect to a proposed major partition or subdivision. The notice of appeal shall state the nature of the decision or requirement and the grounds for the appeal.
B. The City Council shall hold a hearing on the appeal within 40 days from the time the appeal is filed. The Council may continue the hearing for good cause. Following the hearing, the Council may overrule or modify the decision or requirement made by the Planning Commission if the decision of the Council complies with the spirit and intent of this chapter. The disposition of the appeal shall be final.
C. Stay of Proceedings. When an appeal is filed, it shall stay all proceedings by all parties in connection with the matter from which appeal is taken, until the determination of such appeal by the Council. [Ord. 509 § 12.020, 1981; 1981 Compilation § 8-7:12.020.]
15.60.030 Amendment.
The provisions of this division may be amended after public hearings by the Planning Commission and City Council. The Planning Commission shall first hold a hearing and shall transmit its recommendations and findings to the City Council. The City Council shall hold the final hearing and shall consider the recommendations of the Planning Commission in making its decision. All amendments to this division shall comply with the provisions of ORS 92.048(5). [Ord. 509 § 12.030, 1981; 1981 Compilation § 8-7:12.030.]
15.60.040 Interpretation.
Where the conditions imposed by any provision of this division are less restrictive than comparable conditions imposed by any other provisions of this division or any other ordinance, the provision which is more restrictive shall govern. [Ord. 509 § 12.050, 1981; 1981 Compilation § 8-7:12.050.]
15.60.050 Findings.
Decisions involving approval of subdivisions and major partitions shall contain findings of fact. Proponents, opponents and City staff may submit proposed findings. Findings of fact shall be contained in the motion and signed by the Chairperson. [Ord. 509 § 12.060, 1981; 1981 Compilation § 8-7:12.060.]
15.60.060 Administrative procedure for handling alleged violations.
A. Within 10 days after receiving information of a possible violation of this division, the City Administrator shall investigate and, if the City Administrator determines that a violation exists, shall notify the property owner to correct the violation.
B. Where the violation does not involve a structure, action to correct the violation shall be made within 30 days. If the violation involves a structure, action to correct the violation shall be made within 60 days.
C. If no action has been taken to correct the violation within the specified time, the City Administrator shall notify the City Attorney and the City Council.
D. The City Council, upon recommendation by the City Attorney, shall set the date for a meeting with the person violating this division and with the City Administrator to consider whether subsequent legal action should be taken. If the City Council determines legal action is necessary, the City Attorney shall be directed to take such legal action as required to assure compliance with this division. [Ord. 509 § 12.070, 1981; 1981 Compilation § 8-7:12.070.]
15.60.070 Penalty.
In addition to penalties provided by state law, any person who violates or fails to comply with any provisions of this division shall, upon conviction thereof, be punished by a fine of not more than $500.00, or by imprisonment for not more than 30 days, or both. A violation of this division shall be considered a separate offense for each day the violation continues. [Ord. 509 § 12.080, 1981; 1981 Compilation § 8-7:12.080.]