Chapter 17.104
ADMINISTRATION, ENFORCEMENT AND ADOPTION
Sections:
17.104.010 Violations a nuisance.
17.104.030 Interpretation of title.
17.104.040 Authorization for similar uses.
17.104.050 Maintenance of minimum title requirements.
17.104.080 Severability and validity.
17.104.090 Repealing conflicting ordinances.
17.104.010 Violations a nuisance.
Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance, and may be abated as such. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.010), 1980].
17.104.020 Enforcement.
A. General. It shall be the duty of the city planning director and/or building inspector to enforce this title. All departments, officials and public employees of the city of Eagle Point vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or license for any use, building or purpose which violates or fails to comply with conditions or standards imposed by this title. Any permit certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be void.
B. Investigation and Right of Entry. Whenever the city planning director, city administrator or city building official has cause to suspect a violation of any provision of the zoning regulations, or when necessary to investigate an application for or revocation of any zoning ordinance approval under any of the procedures prescribed in this title, officials responsible for enforcement or administration of this title, or their duly authorized representatives, may enter on any site or into any structure for the purpose of investigation, provided they shall do so in a reasonable manner. No secured building shall be entered without the consent of the owner or occupant. No owner or occupant or agent thereof, shall, after reasonable notice and opportunity to comply, refuse to permit such entry.
C. Evidence. In any prosecution for causing or maintaining any condition or use of, or activity on, or constructing, moving or maintaining any structure on, any premises in violation of this title, a person in possession or control of the premises, as owner or lessee at the time of the violation, or continuance thereof, shall be presumed to be the person who constructed, moved, caused or maintained the unlawful activity, use, condition or structure. The presumption shall be rebuttable and either the city or the defendant in such prosecution shall have the right to show that the offense was committed by some person other than, or in addition to, an owner or lessee or other person in possession or control of the premises; but this shall not be construed as relieving a person in possession and control of property from any duty imposed upon him by this title. For the purposes hereof, the person to whom the premises are taxed according to the records of the Jackson County assessor shall be prima facie evidence the person in possession or control of the premises. Where premises on which the violation is committed are commercial or industrial premises on which a sign is situated identifying the commercial or industrial activity conducted thereon, or displaying the real or assumed business name of a person or proprietor thereof, the same shall constitute prima facie evidence that the person whose name is thus displayed is in possession or control of the premises as owner or lessee, but this shall not be construed to relieve from responsibility any agent, manager, employee or other person who actually committed the violation.
D. Legal Proceedings by City Attorney. The city attorney of the city of Eagle Point may, on request of the city planning director, or upon order of the city council shall, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or improvement which is declared a public nuisance.
E. Abatement. Where, because of the absence of the responsible person or persons from the city or from the state, as the case may be, the courts of the city of Eagle Point or the state of Oregon cannot secure effective jurisdiction over the person or persons responsible for the cause or continuation of a structure or condition erected or maintained in violation of this title, or where the city council deems it important to the public interest that the unlawful structure or condition be removed or corrected without delay, the city council may, after notice and hearing, order the removal of the unlawful structure or condition. If such removal or correction is not effected within the time prescribed in the order, the city administrator shall cause such abatement, going upon the premises with such men or equipment as may be necessary.
The city council shall thereafter by ordinance assess the cost of abatement against the real property. The lien of the assessment shall be enforced in the same manner as in the case of street improvement liens.
Notice of hearing shall be sufficient if given 30 days in advance of the hearing, either by personal delivery or by mailing the same to the last known address of the owner of the property as shown by the county assessor’s records. The order shall be served upon the owner or responsible person in the manner prescribed for the notice of hearing, and the owner or responsible person shall have such period of time after service of the order but not less than 30 days, as the city council may deem to be reasonably necessary to accomplish the requirements of the order. The notice of hearing and the abatement order shall contain a notice to the property owner, or other person served, that the city of Eagle Point shall not be responsible for the condition or storage of the component parts of, or personal property situated within, the structure following abatement by the city. The remedy of abatement shall be in addition to, and not in lieu of, the other remedies prescribed in this section.
F. Enforcement by Chief of Police. The chief of police and his authorized representatives shall have the power, upon the request of the city administrator, to assist in the enforcement of the provisions of this title. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.020), 1980].
17.104.030 Interpretation of title.
It shall be the duty of the city planning director to interpret the provisions and meanings of this title.
The provisions of this title shall be held as the minimum requirements fulfilling its objectives. Where the conditions imposed by a provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other ordinance, resolution, or regulation of the city, the provisions which are more restrictive shall govern.
Should any person concerned with some part of this title not agree with the interpretation of the city planning director, they shall have the right of appeal as provided in Chapter 17.100 EPMC, Appeal and Review of Decisions. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.030), 1980].
17.104.040 Authorization for similar uses.
The planning commission may rule that a use not specifically named in the examples of permitted or conditional uses of a district shall be included among the allowed uses, if the use is of the same general type and is similar to the listed uses. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.040), 1980].
17.104.050 Maintenance of minimum title requirements.
No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of the ordinance codified in this title shall be reduced in area, dimension, or size below the minimum required by this title, nor shall any lot area, yard, or other open space or off-street parking or loading area which is required by this title for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use, except as specifically provided for in a district of this title and as provided for in Chapter 17.88 EPMC. [Ord. 9-62A § 1, 1982; Ord. 9-55 § 1 (Exh. A § 25), 1981; Ord. 9-52 § 1 (13.050), 1980].
17.104.060 Penalties.
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $200.00 or by imprisonment for a term not exceeding 30 days, or both such fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm or corporation, and shall be punishable as herein provided for each such offense. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.060), 1980].
17.104.070 Injunctive relief.
The foregoing sanctions shall not be exclusive, and where the public health, safety, morals or general welfare will be better served thereby, the city administrator may institute such proceedings for injunctive relief against a continuing violation as may be authorized by the statutes of the state of Oregon. In the enforcement of provisions prohibiting nuisances caused by odor, sound, vibration and the like, the city administrator may seek injunction against the specific device, activity or practice causing the nuisance. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.070), 1980].
17.104.080 Severability and validity.
If any section, subsection, sentence, clause, or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The city council of the city of Eagle Point hereby declares that it would have passed this title and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.080), 1980].
17.104.090 Repealing conflicting ordinances.
Ordinance No. 9-4 and all other ordinances, parts of ordinances and all amendments inconsistent herewith are hereby repealed. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (13.090), 1980].