Chapter 1.15
GENERAL INFRACTION PROVISIONS
Sections:
1.15.010 General civil penalty.
1.15.025 Other legal remedies.
1.15.030 Failure to respond to a civil infraction.
1.15.040 Enforcement officers.
1.15.010 General civil penalty.
Unless specific penalties other than as set forth in this section are established for a violation of the municipal code, a violation of the municipal code is punishable by a fine of up to $500.00 for each day that a violation occurs. In addition to the imposition of a civil penalty, a court may order a person found to have committed a civil infraction to make restitution, including any costs or expenses incurred by the City in abating or eliminating a public nuisance. In any court or administrative hearing to determine whether a violation has occurred the City shall have the burden of proving by a preponderance of the evidence that a violation occurred.
This section does not preempt the specific penalties set forth in ordinances of the City setting forth other penalties for violations of the municipal code.
(Ord. 723 § 1 (Exh. A), 2020; Ord. 688 § 1 (Exh. E), 2017; Ord. 44 § 1, 1995).
1.15.020 General criminal penalty.
Repealed by Ord. 723.
(Ord. 688 § 1 (Exh. E), 2017; Ord. 44 § 2, 1995).
1.15.025 Other legal remedies.
Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of the code.
(Ord. 723 § 1 (Exh. A), 2020; Ord. 688 § 1 (Exh. E), 2017).
1.15.030 Failure to respond to a civil infraction.
It shall be a misdemeanor to fail to respond to a notice of civil infraction issued by a police officer or such other officers of the City as may be authorized to issue civil infractions.
In any court proceeding to enforce this section, the City shall have the burden of proving beyond a reasonable doubt both that the violator was personally served with the notice of civil infraction and that the violator willfully failed to respond to the infraction by either appearing in court as directed or by paying the fine for the infraction.
(Ord. 723 § 1 (Exh. A), 2020; Ord. 688 § 1 (Exh. E), 2017; Ord. 44 § 3, 1995).
1.15.040 Enforcement officers.
Department heads or supervisors and City employees as designated by the department head or supervisor, or employees of other governments performing enforcement services for the City pursuant to an interlocal agreement, shall be and are designated and appointed as “enforcement officers” and are authorized to initiate, issue and serve notices of civil infraction for violations of the University Place Municipal Code for regulation provisions or sections that are subject to their supervision, interpretation or enforcement. Such individuals are “citing officers,” as defined by Rule 1.2(j) of the Infraction Rules for Courts of Limited Jurisdiction.
(Ord. 723 § 1 (Exh. A), 2020).