Chapter 1.30


1.30.005    Definitions.

1.30.010    Purpose.

1.30.015    No mental state required.

1.30.020    Civil infraction pre-citation procedures.

1.30.025    Voluntary compliance agreement.

1.30.030    Citation issuance and form.

1.30.035    Service of summons.

1.30.040    Filing of citation.

1.30.045    Court procedures.

1.30.050    Warrants authorized.

1.30.055    Penalties.

1.30.005 Definitions.

The following definitions apply in this chapter:

(1) “Code” means the Burns Municipal Code, the city’s zoning ordinance, and any city ordinance, or any order, permit, license, approval, or condition authorized by the code or any ordinance.

(2) “Code enforcement officer” means all police officers, community service officers, the city manager, any fire marshal, and all other persons designated by the city to serve as code enforcement officers.

(3) “Infraction” means an action or failure to act in violation of any provision of the city code.

(4) “Responsible party” means the person responsible for curing or remedying an infraction. “Responsible party” includes:

(a) The person alleged to have committed or authorized the infraction.

(b) If an infraction involves a condition of or on real property, the property owner, any agent of the property owner, and any person occupying or having possession of the property.

(5) “Respondent” means the person to whom a citation or summons is issued. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.010 Purpose.

The purpose of this chapter is to establish procedures for the enforcement of infractions. The city may use this chapter for any infraction. This chapter is not a criminal procedure. This chapter is not exclusive, and the city may use any other procedure for enforcement authorized by law, including the city’s nuisance abatement procedure, any procedure established by state law, or enforcement through appropriate actions in circuit court. The civil infraction procedure may be used in conjunction with other enforcement actions or procedures. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.015 No mental state required.

A culpable mental state is not required to establish an infraction unless the mental state is part of the code provision, ordinance, or other requirement alleged to have been violated. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.020 Civil infraction pre-citation procedures.

(1) Reporting. All reports or complaints of infractions shall be referred to the appropriate code enforcement officer.

(2) Review of Facts. The appropriate code enforcement officer shall investigate the facts and circumstances surrounding any infraction reported or otherwise made known to the code enforcement officer.

(3) Prior Contact. Before a civil infraction citation is issued, the code enforcement officer may contact a responsible party and may give the responsible party a reasonable opportunity to cure or remedy the alleged infraction. Contact prior to issuance of a citation is solely within the discretion of the code enforcement officer. If prior contact is made, the following information shall be communicated to the responsible party:

(a) Description or identification of the activity constituting the alleged infraction and identification of the recipient as being the reputed responsible party for the infraction;

(b) A statement that the code enforcement officer has determined the activity to be an infraction;

(c) A statement of the action required to remedy the infraction and the time and/or date by which the remedy must be completed;

(d) A statement advising that if the required remedy or cure is not completed within the time specified, a citation will be issued and that fines and other penalties may be imposed. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.025 Voluntary compliance agreement.

The city and a responsible party may enter into a written voluntary compliance agreement to attempt to resolve the alleged infraction. The fact that a person alleged to have committed the infractions enters into such an agreement shall not be considered an admission of having committed an infraction for any purpose. The city will not serve or file a citation while a voluntary compliance agreement is in effect and is being complied with. If the terms of the voluntary compliance agreement are satisfied, the city shall take no further action concerning the alleged infraction other than those steps necessary to terminate the matter. The failure to comply with any term of the voluntary compliance agreement constitutes a separate infraction. If the voluntary compliance agreement is not complied with, the code enforcement officer shall issue a citation for the infraction that is the subject of the voluntary compliance agreement. The maximum penalty for willfully failing to comply with the voluntary compliance agreement shall be double the maximum penalty on the underlying infraction. Nothing in this section precludes informal resolution without a written agreement. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.030 Citation issuance and form.

(1) Issuance. A citation for an infraction may be issued any time after discovery of an infraction. Unless authorized in writing by the city attorney, only code enforcement officers or the city attorney may issue citations for city ordinance violations.

(2) Form of Citation. The city may use any form of citation sufficient to inform the respondent of the nature of the alleged infraction and the options to respond to the citation. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.035 Service of summons.

Service of summons on individuals may be made by any of the following means:

(1) Personal delivery by a code enforcement officer.

(2) Service by Mail. Service may be made by mailing a copy of the citation by certified mail, return receipt requested, to the individual’s last known mailing address. Service by mail shall be deemed to occur three days after mailing within the state, and seven days after mailing outside the state. Default may be entered against a person served by mail on submission of evidence of receipt, nonacceptance, or rejection of the certified mail by the person served.

(3) Service by Posting. If the alleged infraction relates to real property, the citation may be served by posting the citation at the main entry to an occupied residence or office on the property if the person to whom the citation is issued is not present. A copy of the citation shall be mailed by certified mail, return receipt requested, to the responsible person at the mailing address of the property no later than the end of the business day following posting. For the purpose of this section, Saturdays, Sundays, and federal or city holidays shall not be considered business days. If service is made in accordance with this subsection, service shall be not less than five days before the court appearance date contained in the summons. Service shall be completed upon mailing.

(4) Other Methods of Service. Service may be made by any means authorized by Oregon Rules of Civil Procedure (ORCP) 7, and service on entities, minors, and incapacitated persons shall be as provided in ORCP 7. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.040 Filing of citation.

The code enforcement officer shall file the original citation and a return of service showing service as with the municipal court or any other court with jurisdiction to enforce infractions. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.045 Court procedures.

Compliance with the state law violation procedure shall be deemed compliance with the procedural requirements of this chapter. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.050 Warrants authorized.

Any circuit court or justice of the peace court within Harney County shall have the authority to issue warrants authorizing any code enforcement officer to enforce the code, make searches and seizures reasonably necessary to enforce the code, or pursue any remedy permitted by the code. Every warrant authorized by this section shall be supported by affidavit or sworn testimony establishing probable cause to believe that an infraction has occurred. Searches and seizures authorized by this section may be executed by any code enforcement officer authorized to apply for a warrant under this section. All searches and seizures authorized by this section shall be conducted according to the requirements of Oregon law relating to search warrants. [Ord. 17-850 § 4 (Exh. A), 2017]

1.30.055 Penalties.

Except in cases where a different punishment is prescribed by this code or city ordinance, any person convicted of an infraction shall be punished by a fine not to exceed $500.00 per infraction with each infraction and each day that an infraction persists constituting a separate infraction. In addition, a court may order injunctive relief or any other relief available at law or equity to remedy the infraction. [Ord. 17-850 § 4 (Exh. A), 2017]