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City of Columbia City 1840 Second Street, PO Box 189, Columbia City, OR 97018 (503) 397-4010 |
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Chapter 7.20
7.20.010
Enforcement. It shall be the duty of the City Administrator, or
other designee of the City Council, to enforce this Ordinance. All City and County staff vested with the
duty or authority to issue permits shall conform to the provisions of this
Ordinance 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 Ordinance or conditions of approval adopted in
compliance with this Ordinance. Any
permit, certificate or license issued in conflict with the provisions of this
Ordinance, intentionally or otherwise, shall be void.
7.20.020
Penalties for Violations. Upon failure to comply with any provisions
of this Ordinance, or with any restrictions or conditions imposed hereunder,
any further permits may be withheld or the Council may withdraw City utility
services until correction is made. Not
withstanding any such action taken by the Council, any person, firm or
corporation who violates, disobeys, omits, neglects, or refuses to comply with
any of the provisions of this Ordinance, or who resists the enforcement of such
provisions shall be subject to civil penalties of no more than $500.00 for each
offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
7.20.030
Injunctive Relief. The foregoing sanctions shall not be exclusive, and
where the public health, safety, or general welfare will be better served
thereby, the City Administrator or other Council designee may institute such
proceedings for injunctive relief against a continuing violation as may be
authorized by the statutes of the State of Oregon. Failure to satisfy or conform to the requirements of this Chapter
is declared a public nuisance, and such conditions or objects may be abated by
any of the procedures set forth in the Columbia City Public Nuisance
Ordinance. In the enforcement of
provisions prohibiting nuisances caused by odor, sound, vibration, glare, and
the like, the City Administrator may seek injunction against the specific
devise, activity or practice causing the nuisance.
7.20.040
Evidence. In any prosecution for causing or
maintaining any use of, activity on, or construction, moving or maintaining any
structure on, any premises in violation of this Ordinance, 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. This presumption shall be
rebuttable by production of evidence to the contrary 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(s) 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
prosecution imposed upon him in this Ordinance. That a person is taxed according to the records of the Columbia
County Assessor shall be prima facie proof that the person is in possession or
control of the premises. Where the
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, the sign shall constitute prima facie proof that
the person or entity identified is in possession or control of the premises as
owner or lessee, any agent, manager, employee or other person who actually
committed the violation.
7.20.050
Abatement. Written notice of an abatement hearing shall
be given ten (10) days prior to the hearing and mailed to the last known
address of the owner of the property as shown by the County Assessor’s
records. Following a determination by
the Council of the action to be taken, an abatement order shall be served upon
the owner or responsible person by registered mail to the last known address of
the owner of the property as shown by the County Assessor’s records. The owner or responsible person shall have
such period of time after service of the order but no less than thirty (30) days,
as the governing body may deem to be reasonably necessary to accomplish the
requirements of the order. The
abatement order shall contain a notice to the property owner or other person
served, that Columbia City or Columbia County shall not be responsible for the
condition or storage of the component parts of, or personal property situated
with, the structure following abatement by Columbia City or the County.
Where the courts of Columbia City, Columbia County
or the State of Oregon cannot secure effective jurisdiction over the person or
persons responsible for the violation of the ordinance because of their absence
of the responsible person or persons from the County or the State, or where the
governing body deems it important to the public interest that the unlawful
structure or condition be removed and such removal or correction is not
completed within the time prescribed in the abatement order, the City
Administrator or other Council designee shall cause such abatement, going upon
the premises with such persons or equipment as may be necessary. The governing body shall thereafter, by
ordinance, assess the cost of abatement and shall include administrative
overhead, legal fees, court costs, direct costs of physically abating the
nuisance, and any additional costs required to protect and preserve private or
public property and health, safety and general welfare of the community. The lien or assessment shall be enforced in
the same manner as other municipal liens.
The remedy of abatement shall be in addition to and
not in lieu of the other remedies prescribed in other statutes, ordinances or
regulations.