Chapter 8.14
COMPLIANCE WITH U.S. CONTROLLED SUBSTANCES ACT
Sections:
8.14.020 Facilities not in compliance with U.S. Controlled Substances Act prohibited.
8.14.030 Violation and enforcement.
8.14.010 Purpose.
A. It is the purpose of this Chapter to preclude and prohibit the opening, establishment, maintenance or operation of facilities in the city that do not comply with the U.S. Controlled Substances Act, 21 U.S.C. § 801 et seq. (the “Act”).
B. The limitations imposed by this Chapter shall apply notwithstanding any other provision of this Code, including but not limited to sections 1.3 and 2.3.140 of Chapter 16 as well as Table 2.3.110 of Chapter 16.
C. This Chapter will be broadly construed to require strict compliance with the Act and broadly construed to permit the city to prohibit any facility from violating it. (Ord. 1043 § 1 (part), 2015)
8.14.020 Facilities not in compliance with U.S. Controlled Substances Act prohibited.
The establishment, maintenance, or operation of a facility by a person, business or any other entity within the city that is not in compliance with the Act is prohibited and is declared to be a public nuisance. (Ord. 1043 § 1 (part), 2015)
8.14.030 Violation and enforcement.
A. The establishment, maintenance or operation of a facility by a person, business or any other entity within the city in violation of the requirements of this chapter or any other applicable provisions of the Sutherlin Municipal Code will be subject to any and all enforcement remedies available to the city under law and/or the Sutherlin Municipal Code including but not limited to enforcement pursuant to Chapter 8.16 of the Sutherlin Municipal Code and/or the filing of an appropriate action and pursuit of an appropriate remedy in a court of competent jurisdiction.
B. The city may abate any nuisance under this chapter either pursuant to Chapter 8.16 of the Sutherlin Municipal Code or it may pursue any other remedies available to it, including but not limited to an action seeking declaratory relief and/or injunctive relief.
C. In the event the city brings an action in either law or equity in any of the courts of this state (including the U.S. District Court for the District of Oregon) other than its municipal court for the enforcement of this Chapter, the city shall be entitled to the award of its reasonable attorney fees in the event it is the prevailing party. (Ord. 1043 § 1 (part), 2015)