HomeMy WebLinkAboutOrdinance 5745 06/20/1994
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ORDINANCE 5745 (GENERAL)
AN ORDINANCE AMENDING CHAPTER 5-15-3 AND 5-15-4, CIVIL ENFORCEMENT OF
CODE INFRACTIONS, OF THE SPRINGFIELD CITY CODE.
THE CITY OF SPRINGFIELD, OREGON, DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 5, Article 15, Subsection 3 of the Springfield
City Code is hereby amended as follows: .
5-15-3 Application and amendment. The civil infraction procedure prescribed
by this ordinance applies to and hereby amends the following
ordinances of the City of Springfield:
Springfield Code 1965
Chapter IV
Article 2, Sections 4-2-6 and 4-2-9
Chapter V
Article 1, Nuisances in General, Section 5-1-1
Article 2, Miscellaneous Particular Nuisances, Sections 5-2-2, 5-2-3
Article 4, Control of Dogs and Other Animals, Section 5-4-13(3)
Article 11, Miscellaneous Offenses concerning Public Safety, Sections
5-11-4, 5-11-5, 5-11-6
Article 14, Miscellaneous Offenses Concerning the General Welfare,
Sections 5-14~12(2), 5-14-13, 5-14-14, 5-14-15
Chapter VIII, Business
Chapter IX
Article 7, Signs
Springfield Development Code 1986.
Springfield Building Safety Codes, Administrative Code, 1983.
The Uniform Fire Code as adopted by the City of Springfield.
Violation by any person of any said ordinances, or any provision(s) thereof,
Constitutes a civil infraction.
Section 2: Chapter 5, Article 15, Subsection 4 of the Springfield
City Code is hereby amended as follows:
5-15-4 Infraction Procedure.
(1) Reporting. All reports of infractions covered by this ordinance
shall be made to the City Manager or to his or her designated representative.
(2) Prior Written Notice. When the infraction of a City ordinance
covered by this procedure is brought to the attention of the City Manager, or
his or her designated representative, he or she may determine that the
responsible party be given written notice of the infraction and allow a specific
length of time in which the infraction may be remedied before further action is
taken. The City Manager, or his or her designated representative, after a
review of the facts and circumstances surrounding the alleged infraction,
including as may be necessary an inspection of the property, may make a
determination that sufficient evidence does not exist to support the allegation
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that an infraction has occurred, or if he or she deems it in the best interests
of the City, may refuse to give the notice and refuse to proceed further with
the matter. The notice signed by the City Manager or his or her designated
representative, shall contain the following information:
(a) Sufficient description of the activity in violation to
identify the recipient of the notice as being a person responsible for the
alleged infraction.
(b) A statement that the activity in question has been found to
be an infraction with a brief and concise description of the nature of the
infraction.
(c) A statement of the action required to remedy the infraction
and a date by which remedy must be completed.
(d) A statement that if the perpetrator believes that no
infraction has occurred or that the action required to remedy the infraction is
incorrect, there will be the opportunity for the perpetrator of the violation to
participate in an informal conference concerning the alleged violation and the
date and place that conference is scheduled.
(e) A statement advising that if the alleged perpetrator of the
infraction does not attend the informal conference or if the required abatement
of the infraction is not completed within the time specified, a civil citation
may be issued for the person to appear in court, that a complaint may be issued
and filed with the Springfield Municipal Court, and that a forfeiture in the
maximum amount scheduled could be imposed.
(f) In the event of successive violations occurring at the same
site, the Code Enforcement Officer may in his/her discretion dispense with
requirement of notice prior to citation.
ADOPTED by the Common Council of the City of Springfield this 20th
day of June , 1994, by a vote of 6 for and 0 against.
APPROVED by the Mayor this 20th
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OFFiCl:: OF CITY ATTORNEY
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