Chapter 1.10
SHORT FORM UNIFORM COMPLAINT AND CITATION METHOD AND CODE ENFORCEMENT PROCEDURES
Sections:
1.10.050 Reference to state law.
1.10.060 Culpability – Chapter provisions are not exclusive.
1.10.010 Title.
The ordinance codified as Chapters 1.10 through 1.25 CMC shall be known as the “short form complaint and citation method and code enforcement procedure ordinance.” [Ord. 745 § 1, 1994; Code 2000 § 1.100.]
1.10.020 Purpose.
(A) Chapters 1.10 through 1.25 CMC authorize the use of a short form uniform complaint and citation in certain cases by certain city employees and describes the content of the form.
(B) This title describes the procedures for use of complainant, court, or defendant. [Ord. 745 § 1, 1994; Code 2000 § 1.105.]
1.10.030 Definitions.
For the purposes of Chapters 1.10 through 1.25 CMC, the following definitions shall apply:
(A) “Code enforcement officer” means the individual or individuals appointed by the director of each department to enforce those sections of the code administered by that department, as specified in CMC 1.15.130.
(B) “Defendant” means a person charged with a code violation.
(C) “Voluntary compliance agreement” means a written agreement between the code enforcement officer and the defendant which is intended to resolve the alleged civil violation. [Ord. 745 § 1, 1994; Code 2000 § 1.110.]
1.10.040 Use of language.
As used in Chapters 1.10 through 1.25 CMC, pronouns indicating the masculine gender shall include the feminine gender; singular pronouns shall include the plural; and “person” shall, where appropriate, include any partnership, corporation, unincorporated association, the state of Oregon, or other entity. [Code 2000 § 1.115.]
1.10.050 Reference to state law.
Any reference to a state statute incorporates into Chapters 1.10 through 1.25 CMC by reference the statute in effect on the effective date of the ordinance codified in Chapters 1.10 through 1.25 CMC. [Ord. 745 § 1, 1994; Code 2000 § 1.120.]
1.10.060 Culpability – Chapter provisions are not exclusive.
(A) Acts or omissions to act which are designated as a violation by any city ordinance do not require a culpable mental state as an element of the violation.
(B) The procedures prescribed by Chapters 1.10 through 1.25 CMC shall be the exclusive procedures for imposing civil penalties; however, this section shall not be read to prohibit in any way alternative remedies set out in the Cornelius Municipal Code which are intended to abate or alleviate code violations, nor shall the city be prevented from recovering, in any manner prescribed by law, any expense incurred by it in abating or removing ordinance violations pursuant to any code provision. [Ord. 745 § 1, 1994; Code 2000 § 1.125.]
1.10.070 Severability.
The provisions of Chapters 1.10 through 1.25 CMC are severable. If any sentence, clause, or phrase of Chapters 1.10 through 1.25 CMC is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of Chapters 1.10 through 1.25 CMC. [Ord. 745 § 1, 1994; Code 2000 § 1.130.]