Chapter 7.20

ENFORCEMENT 

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.

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