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Home My WebLink AboutOrdinance 5987 07/16/2001 . . . ORDINANCE NUMBER 5987 AN ORDINANCE AMENDING CODE SECTIONS 5.606, 5.608, 5.612, 5.614, 5.616, and 5.622(3), ADDING SECTION 5.624, AND REPEALING SECTION 5.610 OF THE SPRINGFIELD MUNICIPAL CODE, AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: Section 5.606 of the Springfield Municipal Code is amended to read as follows: "5.606 Infraction Procedure. All reports of infractions covered by this ordinance shall be made to the city Manager or his/her designee." Section 2: section 5.608 of the Springfield Municipal Code is amended to read as follows: "5.608 Prior written Notice. When the infraction of a City ordinance or code section covered by this procedure is brought to the attention of the city manager or hiS/her designee, he/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 notice signed by the City Manager shall contain the following information: (1) sufficient description of the activity in violation to identify the recipient of the notice as being a person responsible for the alleged infraction. (2) 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. (3) A statement of the action required to remedy the infraction and a date by which the remedy must be completed. (4) A statement advising that 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 municipal court, and that a forfeiture in the maximum amount scheduled could be imposed. (5) If successive or ongoing violations occur at the ORDINANCE Page -1- . same site, or the same party is responsible for more than one violation even if at different sites, or if it is determined that public health or safety concerns require immediate citation, the City Manager or code enforcement officer may dispense with the requirement of any notice or warning prior to citation." Section 3. section 5.610 of the Springfield Municipal Code is repealed. Section 4. section 5.612 of the Springfield Municipal Code is amended to read as follows: . "5.612 Warning citation. In addition to, or as an alternative to the prior written notice allowed by section 5.608, the city may issue a warning uniform infraction citation. The warning citation may be issued together with, or separate from, the notice contemplated by section 5.608. Failure to provide a prior written notice or a warning citation will not invalidate the Uniform Infraction Citation and Complaint. The warning citation shall include the information set forth in section 5.608 and must impose a deadline for compliance or abatement of the violation." Section 5. section 5.614 of the Springfield Municipal Code is amended to read as follows: "5.614 Uniform Infraction Citation and Complaint. (1) If the recipient of a prior written notice described in section 5.608 or the recipient of a warning citation described in section 5.612 fails to comply with the provisions set out therein, or if the city manager or his/her designee deems the provisions of section 5.608 or section 5.612 to be inapplicable because successive or ongoing violations occur at the same site, or the same party is responsible for more than one violation even if at different sites, or if it is determined that public health or safety concerns require immediate citation, then a uniform civil infraction citation signed by the city manager or his/her designee shall be filed with the municipal court, charging the recipient with a civil infraction and setting a date for the person to appear before the municipal court to . ORDINANCE Page -2- . answer the charge. (2) The uniform civil infraction citation, together with a uniform civil complaint shall be filed with the municipal court. (3) The city manager or his/her designee shall prescribe the form of the uniform infraction citation and complaint. Additional parts may be inserted for administrative purposes' by those charged with the enforcement of the ordinances and code. (4) The citation may also contain notice to the person cited that a civil complaint may be filed in the municipal court. (5) The complaint shall contain a form of verification that the person signing the complaint swears or affirms that he or she has reasonable grounds to believe, and does so believe, that the person cited committed the infraction. [Section 5.614 amended by Ordinance No. 5938, enacted October 4, 1999.]" Section 6. Section 5.616 of the Springfield Municipal Code is amended to read as follows: . "5.616 Service. Service of the warning citation or of the uniform civil infraction citation may be made on the responsible person in person or by certified mail return receipt requested and simultaneously by regular mail. Where service by certified mail is not accepted by the responsible party, notice shall be deemed received on the date of attempted delivery. In addition, service in any manner provided for service of summons in Rule 7 of the Oregon Rules of civil Procedure shall be deemed adequate." Section 7. section 5.622(3) of the Springfield Municipal Code is amended to read as follows: "(3) Delinquent forfeitures, whether resulting from a default judgment or otherwise, which were assessed for infractions which occurred on real property or for improper use of real property shall constitute a lien against the real property that shall be imposed on the real property pursuant to ~5.624 [Imposition of Nuisance Liens]. When posted in the city lien docket, nuisance liens may be . ORDINANCE Page -3- . collected in the same manner as other docketed lien debts owing to the city." Section 8. The Springfield Municipal Code is hereby amended by the addition of the following section: . Section 5.624. Imposition of Nuisance Liens. "(1) The finance officer or his/her designee shall provide a notice of the imposition of a nuisance lien to the property owner, by certified mail, return receipt requested, and by regular mail. Where service by certified mail is not accepted by the property owner, notice shall be deemed received on the date of attempted delivery. In addition, service in the same manner as provided for service of summons in Rule 7 of the Oregon Rules of civil Procedure shall be deemed adequate. The notice shall state: (a) The facts supporting the delinquent forfeiture; (b) The total cost of the delinquent forfeiture, including any assessment for administrative overhead; (c) That the cost as indicated will become a lien against the property unless paid within 30 days from the date of the notice; (d) The date and time of the City Council hearing to impose the lien; (e) That the property owner may submit written objections to the Finance Director by 5:00 p.m. the day of the hearing or by oral or written objections at the City Council hearing. (2) The property owner may be heard at the city Council hearing. The City Council shall not consider protests that no nuisance or delinquent forfeiture exists. The City Council shall enact a Resolution that the delinquent forfeiture shall be imposed as a lien on the real property where the violation occurred. (3) The finance officer or his/her designee shall communicate the City Council's Resolution in writing to the property owner in the same manner as set forth in subsection (1) . (4) The lien shall become effective immediately." Section 9. Emergency Clause. This ordinance being enacted by . ORDINANCE Page -4- . the Council in the exercise of its police power and the Council having specifically found that the civil Enforcement of Code Infractions Act must be revised, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its adoption by the Council and on approval by the mayor. Adopted by the Common Council of the City of Springfield this 16th day of July , 2001 by a vote of 6 in favor ~ against. Approved by the Mayor of the city of Springfield this 16th day of , 2001. ~ ATT~~ City Recorder . 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