TITLE 1 - Index

CHAPTER 1.01 - CODE ADOPTION
1.01.010   Adoption
1.01.020   Title – Citation - Reference
1.01.030   Contents
1.01.040   Ordinances Passed Prior to Adoption of the Code
1.01.050   Reference Applies to All Amendments
1.01.060   Title, Chapter, and Section Headings
1.01.070   Reference to Specific Ordinances
1.01.080   Effect of Code on Past Actions and Obligations
1.01.090   Effective Date
1.01.100   Constitutionality

CHAPTER 1.03 - NOMINATION PROCESS FOR CITY COUNCIL AND MAYOR
1.03.010  Petitions for Nomination
1.03.020 Candidate to Deliver Copy of Petition to City Recorder
1.03.030 City Recorder to Retain Copy of Petition
1.03.040 Petition - Submittal to City Recorder - Inspection - Return to Candidate
1.03.050 Deficient Petitions
1.03.060 Submittal and Return of Petitions - Restrictions

CHAPTER 1.04 - GENERAL PROVISIONS
1.04.010 Definitions
1.04.020 Title of Office
1.04.030 Interpretation of Language
1.04.040 Grammatical Interpretation
1.04.050 Acts by Agents
1.04.060 Prohibited Acts Include Causing and Permitting
1.04.070 Computation of Time
1.04.080 Construction
1.04.090 Repeal Shall Not Revive any Ordinances
1.04.100 Effective Date of Resolutions and Franchises

CHAPTER 1.10 - CIVIL ENFORCEMENT

1.10.010 Purpose and Applicability
1.10.020 Definitions
1.10.030 Compliance Required and Civil Infractions
1.10.040 Citation for Civil Infractions
1.10.050 Contents of the Civil Infraction Citation
1.10.060 Judicial Proceeding and Procedures
1.10.070 Nuisance Abatement by the City and Cost Recovery
1.10.080 Civil Penalties
1.10.090 Recordation of Assessment Lien and Foreclosure

CHAPTER 1.12 - GENERAL PENALTY (Repealed by Ord. 1998) 

TITLE 1 - GENERAL PROVISIONS

CHAPTER 1.01 – CODE ADOPTION

Sections:
1.01.010   Adoption
1.01.020   Title – Citation - Reference
1.01.030   Contents
1.01.040   Ordinances Passed Prior to Adoption of the Code
1.01.050   Reference Applies to All Amendments
1.01.060   Title, Chapter, and Section Headings
1.01.070   Reference to Specific Ordinances
1.01.080   Effect of Code on Past Actions and Obligations
1.01.090   Effective Date
1.01.100   Constitutionality

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1.01.010 Adoption.  There is adopted the “Hood River Municipal Code” as initially published by Book Publishing Company, Seattle, Washington.  (Ord 1728, part 1996 Ord. 1477 §1, 1980)

1.01.020 Title – Citation - Reference.  This code shall be known as the “Hood River Municipal Code” and it shall be sufficient to refer to said code as the “Hood River Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity.  It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Hood River Municipal Code”.  Further reference may be had to the titles, chapters, sections, and subsections of the “Hood River Municipal Code,” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.  (Ord. 1477 §2, 1980)

1.01.030 Contents.  This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Hood River, Oregon. (Ord. 1477 §3, 1980)

1.01.040 Ordinances Passed Prior to Adoption of the Code.  The last ordinance included in the original code is Ordinance 1455, passed May 29, 1979.  The following ordinances, passed subsequent to Ordinance 1455, but prior to adoption of this code, are hereby adopted and made a part of this code:  Ordinances 1456 passed June 26, 1979; 1457 passed June 26, 1979; 1458 passed June 26, 1979; 1459 passed August 14, 1979; 1460 passed August 28, 1979; 1461 passed October 11, 1979; 1462 passed October 11, 1979; 1463 passed November 13, 1979; 1464 passed November 27, 1979; 1465 passed December 11, 1979; 1466 passed December 26, 1979; 1467 passed December 26, 1979; 1468 passed December 26, 1979; 1469 passed December 26, 1979; 1470 passed December 26, 1979; 1471 passed January 5, 1980; 1472 passed February 13, 1980; 1473 passed June 10, 1980; 1474 passed June 24, 1980; and 1475 passed June 24, 1980. (Ord. 1477 §4, 1980)

1.01.050 Reference Applies to All Amendments.  Whenever a reference is made to this code as the "Hood River Municipal Code" or to any portion thereof, or to any ordinance of the city of Hood River, Oregon, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.  (Ord. 1477 §5, 1980)

1.01.060 Title, Chapter and Section Headings.  Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, or section hereof.   (Ord. 1477 §6, 1980)

1.01.070 Reference to Specific Ordinances.  The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or other wise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.  (Ord. 1477 §7, 1980)

1.01.080 Effect of Code on Past Actions and Obligations.  Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.  (Ord. 1477 §8, 1980)

1.01.090 Effective Date.  This code shall become effective on the date the ordinance adopting this code as the “Hood River Municipal Code” becomes effective.  (Ord. 1477 §9, 1980)

1.01.100 Constitutionality.  If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.  The council declares that it would have passed this code, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.  (Ord. 1477 §10, 1980)

CHAPTER 1.03 - NOMINATION PROCESS FOR CITY COUNCIL AND MAYOR

Sections:
1.03.010  Petitions for Nomination
1.03.020 Candidate to Deliver Copy of Petition to City Recorder
1.03.030 City Recorder to Retain Copy of Petition
1.03.040 Petition - Submittal to City Recorder - Inspection - Return to Candidate
1.03.050 Deficient Petitions
1.03.060 Submittal and Return of Petitions - Restrictions

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1.03.010 Petitions for Nomination.  Petitions for nomination for a Council member or mayor shall be in the form designated pursuant to ORS 249.009 and shall be submitted to the City Recorder not later than seventy-two hours prior to the deadline provided in ORS 249.037. 

1.03.020 Candidate to Deliver Copy of Petition to City Recorder.  Before circulating a nominating petition, the candidate shall deliver to the city recorder, a copy of the prospective petition for nomination designating the position sought, signed by the candidate. 

1.03.030 City Recorder to Retain Copy of Petition.  The City Recorder shall retain a copy of the nominating petition submitted pursuant to Section 1.03.020. 

1.03.040  Petition - Submittal to City Recorder - Inspection - Return to Candidate. Upon receipt of the nominating petition containing the signatures of at least twenty electors residing in the city as set forth in Section 28 of the Hood River City Charter of 1991, the City Recorder shall compare the completed nominating petition with the nominating petition previously submitted pursuant to Section 1.03.020.  The nominating petition shall be returned to the prospective candidate unless it is exactly the same as the nominating petition previously submitted. 

1.03.050 Deficient Petitions.  If a nomination petition is deficient, the City Recorder shall return it to the prospective nominee and should advise in writing of the deficiency within three working days of the date the nomination petition is filed.  The deficient petition may be amended and refiled or a new petition for the same candidate may be filed provided that the amended or new petition is submitted to the City Recorder prior to the deadline provided in ORS 249.037. 

1.03.060 Submittal and Return of Petitions - Restrictions.  Each prospective candidate may circulate nominating petitions for the offices of both Council member and Mayor, provided that the requirements of this chapter are met. However, a completed nominating petition may be submitted for only one office.  If a candidate wishes to retrieve his or her completed nominating petition after it has been submitted to the City Recorder, the prospective candidate must submit his or her request in writing to the City Recorder, prior to the deadline for nominating petitions set forth in Section 1.03.010. 

 

CHAPTER 1.04 - GENERAL PROVISIONS

Legislative History: Ord 1801 (2000); Ord 1438 (1978)

Sections:
1.04.010 Definitions
1.04.020 Title of Office
1.04.030 Interpretation of Language
1.04.040 Grammatical Interpretation
1.04.050 Acts by Agents
1.04.060 Prohibited Acts Include Causing and Permitting
1.04.070 Computation of Time
1.04.080 Construction
1.04.090 Repeal Shall Not Revive any Ordinances
1.04.100 Effective Date of Resolutions and Franchises

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1.04.010 Definitions.  The following words and phrases, whenever used in the ordinances of the City of Hood River, Oregon, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A. "City" and "town" each mean the city of Hood River, Oregon, or the area within the territorial limits of the City of Hood River, Oregon, and such territory outside of the city of Hood River over which the City of Hood River has jurisdiction or control by virtue of any constitutional or statutory provision.

B. "Council" means the six elected council members and the mayor of the City of Hood River.  "All its members" or "all councilmen" means the total number of councilmen holding office, including the mayor.

C. "County" means the County of Hood River.

D. "Law" denotes applicable federal law, the Constitution and statutes of the state of Oregon, the ordinances of the city of Hood River, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

E. "May" is permissive.

F. "Month" means a calendar month

G. "Must" and "shall" are each mandatory.

H. "Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

I. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

J. "Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

K. "Personal property" means and includes money, goods, chattels, things in action and evidences of debt.

L. "Preceding" and "following" mean next before and next after, respectively.

M. "Property" means and includes real and personal property.

N. "Real property" means and includes lands, tenements and hereditaments.

O. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

P. "State" means the state of Oregon.

Q. "Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the City of Hood River which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

R. "Tenant" and "occupant," applied to a building or land, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.

S. "Written" means and includes printed, typewritten, mimeographed, multi-graphed or otherwise reproduced in permanent visible form.

T. "Year" means a calendar year.

1.04.020 Title of office.  Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Hood River.

1.04.030 Interpretation of Language.  All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

1.04.040 Grammatical Interpretation.  The following grammatical rules shall apply in the ordinances of the City of Hood River, unless it is apparent from the context that a different construction is intended:

A. Gender.  Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural.  The singular number includes the plural and the plural includes the singular.

C. Tenses.  Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

1.04.050 Acts by Agents.  When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

1.04.060 Prohibited Acts Include Causing and Permitting.  Whenever in the ordinances of the city of Hood River, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

1.04.070 Computation of Time.  Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

1.04.080 Construction.  The provisions of the ordinances of the City of Hood River, and all proceedings under them are to be construed with a view to affect their objects and to promote justice.

1.04.090 Repeal Shall Not Revive Any Ordinances.  The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

1.04.100 Effective Date of Resolutions and Franchises.  Resolutions and franchises shall take effect as of the date of adoption, unless another date is specified in the resolution or franchise.

 CHAPTER 1.10 - CIVIL ENFORCEMENT

Legislative History: Ord: 1998 (2011)

Sections:
1.10.010 Purpose and Applicability
1.10.020 Definitions
1.10.030 Compliance Required and Civil Infractions
1.10.040 Citation for Civil Infractions
1.10.050 Contents of the Civil Infraction Citation
1.10.060 Judicial Proceeding and Procedures
1.10.070 Nuisance Abatement by the City and Cost Recovery
1.10.080 Civil Penalties
1.10.090 Recordation of Assessment Lien and Foreclosure

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1.10.010     Purpose and Applicability.    This Ordinance provides a process for enforcing all non-criminal requirements of the Hood River Municipal Code, including the City’s land use regulations in HRMC Titles 16 and 17, nuisance requirements in HRMC Titles 8 and 9 and all other ordinances, regulations, permits, licenses or approvals issued by the city pursuant to the city’s permitting or regulatory authority.  Where any city ordinance provides its own or a different enforcement procedure, those procedures shall be in addition to those provided in this chapter.  The civil process set forth in this chapter is designed to provide prompt notice to property owners and other interested parties that appear to be in violation of the city’s requirements and to guarantee those accused of an infraction the right to an evidentiary hearing on the alleged infraction.  The process is designed to provide a measure of certainty to the citizens of Hood River that violations will be addressed promptly and decisively and to ensure that the due process rights of those accused of infractions are protected.  This chapter shall apply to all infractions of any provision of the Hood River Municipal Code and any other regulatory ordinance adopted by the City and also provides a mechanism for enforcing the requirements of any permit, license or other approval granted by the city.  This chapter shall not apply to criminal matters and does not provide for criminal sanctions. 


1.10.020     Definitions.  For the purposes of this chapter the following definitions shall apply:

A.“Civil infraction” means the violation or failure to comply with any provision of the Hood River Municipal Code and any other city ordinance that imposes legal obligations or regulations on people, corporate entities, property or activities.  Civil infraction also includes any violation or failure to comply with any provision or requirement of a permit, order, license or approval granted by an authorized city official, the city council or other decision maker.

B.“Code” means, collectively, the Hood River Municipal Code and any other uncodified city ordinance or resolution that imposes legal obligations, regulations or prohibitions on people, property or activities plus any other regulation adopted or administered by the City of Hood River.
  
C.“Officer” means a sworn peace officer or any person appointed by the City Manager and authorized to administer and enforce the city’s code, including, but not limited to, the city planner and the director of public works.

D. “Permit” means permit, order, license or conditional approval granted by an authorized city official, the city council or other governmental decision maker plus any other permit or approval administered or enforced by the City of Hood River.

E. “Person” means any individual, corporation, limited liability corporation, partnership, unincorporated association, government, agency or other legal entity.

F. “Respondent” means any person alleged to have committed a civil infraction and any owner of the property on which a civil infraction is alleged to have occurred.  Reference in this chapter to a singular respondent shall include the plural and vice versa. 


1.10.030     Compliance Required and Civil Infractions. 

A. No person or other entity shall engage in, or cause to occur, any use, development, construction, reconstruction, alteration, or maintenance of any property, building, structure or vehicle, or alter or use any land in violation of the Code or in violation of any permit or city approval.  No person or other entity shall engage in any use of property, or allow a use of property under their ownership or control, that is prohibited by the Code.  No person shall fail to pay any charge or fee due the city when such failure to pay is made a civil infraction. 

B. No permit for the construction, occupation or use of a property, building, structure or business shall issue when that property, building, structure or business is in violation of any requirement of the code or state law.  No permit for the construction, occupation or use of a property, building, structure or business shall issue when the subject property is the product of a subdivision or partition that failed to comply with the applicable subdivision or partition requirements.

C. Failure to obtain a permit or other approval when required to do so by the Code shall constitute a nuisance and a civil infraction.  Violation of any provision of the Code enforced under this chapter may constitute grounds for revocation, nonrenewal or denial of a permit issued by the city.

D. Violation of any requirement of this section is a civil infraction and a nuisance.  Each day a violation exists or is allowed to exist shall constitute a separate civil infraction that can give rise to a separate citation, conviction and fine.


1.10.040     Citation for Civil Infractions.

A. Basis for the Citation:  Upon a determination by an Officer that one or more civil infractions have occurred, the Officer shall issue a citation to the person or other entity whom the Officer has probable cause to believe is responsible for the activity or failure to act that is deemed to be the civil infraction.  The person or entity that committed the alleged violation shall be responsible for the civil infraction.  In addition, if the person who committed the alleged violation is on property owned by another, with the property owner’s permission, the property owner shall be jointly and severally responsible for the alleged violation. 

B. Service of the Citation:  The Officer shall serve the citation on the respondent(s) by personal service; certified first class mail, return receipt requested; or by any alternative means provided in Rule 7(D) of the Oregon Rules of Civil Procedure reasonably calculated to apprise the respondent of the existence and pendency of the case.


1.10.050     Contents of the Civil Infraction Citation.

A.  The citation for a civil infraction shall include at least the following information:

1.  Location (address and/or map and tax lot) of infraction.

2. The name and address of all respondents;

3.  The time, date and place the civil infraction was alleged to have occurred;

4.  A statement describing the civil infraction(s) alleged to have occurred with a reference to the pertinent Code references or other commonly understood reference to the law, ordinance or permit alleged to have been violated.

5. A summons indicating the time, date and place for arraignment in municipal court, at which time the respondents shall appear and enter a plea responding to the charge(s) alleged in the citation.

6.  A certification that the Officer issuing the citation has reasonable grounds to believe, and does believe, that the respondents committed the civil infraction contrary to law.  This certificate shall be deemed equivalent to a sworn complaint.

B.  A uniform traffic citation and complaint shall be an acceptable form for any civil infraction citation issued under this chapter.


1.10.060   Judicial Proceeding and Procedures.

A. Jurisdiction for civil infractions filed and processed under this chapter shall be in any of the following venues:  Hood River Municipal Court, Hood River County Circuit Court, or the City Council sitting in a judicial capacity.  The municipal court and city council may adopt, and amend from time to time, procedural rules governing their proceedings.   The city recorder shall serve as the Clerk to Municipal Court or the City Council in proceedings under this chapter.

B. Unless an applicable provision of Oregon Rules of Civil Procedure provides otherwise, the following procedures shall be followed in proceedings initiated under this chapter:

1. The respondent(s) shall appear in Court at the time and date indicated in the citation for entering a plea, at which time the respondent(s) shall state whether the respondent(s) committed or did not commit the infraction(s) alleged.  The respondent(s) may enter a plea by mail prior to the arraignment date indicated in the citation so long as the written plea is actually received by the court before the stated time of the arraignment.

2. If a respondent enters a plea of having committed the infraction, no contest, fails to appear or otherwise timely enter a plea, the court shall find that the respondent committed the infraction as alleged and shall enter an order directing the respondent to abate, correct or otherwise remedy the violation, and the court shall impose a civil penalty in accordance with this chapter.
  
3. If a respondent timely enters a plea of having not committed the infraction, the court shall schedule the matter for hearing.

4. At the hearing, the citing Officer shall present the case and evidence in support of the citation.  The respondent shall be afforded an opportunity to review and rebut the Officer’s evidence, cross-examine the Officer’s witnesses, and present testimony, evidence and witnesses in support of respondent’s case.  Any party may be represented by an attorney, but the city shall not be responsible for providing any respondent with legal representation.

5. If the City proves by a preponderance of the evidence that the respondent committed the infraction, the Court shall enter an order in favor of the city. The Court may enter an order directing the respondent to abate, correct or otherwise remedy the violation by a time certain, and the court may impose a civil penalty in accordance with this Chapter.

6. The Court shall retain jurisdiction over the matter until the violation is fully remedied, abated or otherwise corrected in compliance with the Court’s order and the applicable requirements of the Code, state law or city-issued permit.

7. Civil Inspection Warrants.  At any time the City may seek, and the Court shall grant, a civil inspection warrant allowing entry onto private property for purposes of inspecting the property to determine compliance with the Code, state law or a city-issued permit.  The warrant shall be issued upon oath or affirmation of a responsible city Officer seeking access to private property, including the interior of enclosed spaces and buildings, and shall allow inspection of the private property between 8:00 a.m. and 7:00 p.m., with reasonable advance notice to the owner or occupant.  Any such warrant shall allow access and the ability to inspect by any responsible and suitably qualified officer, inspector, state or local official.  The results of any such inspection shall be submitted as a written report to the Court.
  
8.   Civil Contempt Proceedings.  In the event that a respondent fails or refuses to comply with any order issued by the Court in a civil enforcement proceeding under this chapter, the City may seek a contempt citation  that the respondent be held in contempt of court and shall be subject to any sanction imposed by the Court including monetary fine and/or incarceration.


1.10.070   Nuisance Abatement by the City and Cost Recovery.

A.  Nuisance and abatement order.  Upon a finding that a respondent committed a civil infraction, the Court shall declare the civil infraction to be a nuisance, and if the violation still exists, the court shall order the respondent to abate, correct or otherwise remedy the nuisance.  In the event the respondent fails to so abate or remedy the nuisance within the time provided for in the Court’s order, the Officer, without further proceedings, may take any action the Officer deems to be reasonably necessary to abate or remedy the nuisance in compliance with the Court’s order, or the Officer may seek a contempt order from Court against respondent for failing to comply with the Court’s order.

B.  Summary abatement by the City in emergency situations.  With or without the respondent first having appeared, the Officer may seek, and the court may order, the summary abatement of the activity alleged in the civil infraction citation upon a finding that:

1.  An imminent and substantial threat to the public health, safety or welfare exists by virtue of the alleged action or inaction; and
  
2.  Immediate abatement of the activity or nuisance is necessary to prevent a threatened harm to the public health, safety or welfare.

C. Upon the issuance of a summary abatement order under this section, the Officer may, without further notice or proceedings, take whatever steps are necessary to abate, correct or remedy the nuisance that is the basis for the citation.  The City may seek cost recovery against the respondent(s) for all of the Officer’s expenses incurred in undertaking a summary abatement action.

D. Recovery of the City’s Enforcement Prosecution and Abatement Costs:  Following entry of an order against a respondent under this chapter, the City may petition the Court to recover from respondent(s) all of its reasonable costs associated with bringing and prosecuting a civil enforcement action under this chapter and for any abatement action that may be necessary if the respondent(s) fail to abate the violation.  Reasonable costs include the City’s attorney, administrative and staff time, inspection costs, contractor costs, materials and equipment, service and administrative expenses, the cost of work to demolish, remove, correct or otherwise abate the nuisance, and any associated disposal costs.  The City shall file with the court and serve on respondent(s) a sworn statement of its costs incurred in the action.  The Court shall review the sworn statement and any objections thereto, and shall issue an order awarding the City its reasonable costs incurred in the enforcement and abatement action, payable by the respondent(s).  Any such award of costs pursuant to this chapter shall accrue interest at the rate of 9% per year until paid and may be recorded as a municipal assessment lien and foreclosed as provided in Section 1.10.090


1.10.080   Civil Penalties.

A.  Upon determination by the Court that one or more respondents committed a civil infraction under this chapter, the Court shall impose a civil penalty up to $500 per violation.

B.  Each day that a violation is found to exist shall constitute a separate citable and sanctionable civil infraction.

C. Any civil penalties awarded by the Court pursuant to this chapter shall accrue interest at the rate of 9% per year until paid and may be recorded as a municipal assessment lien and foreclosed as provided in Section 1.10.090.

D.  The remedies and penalties provided in this chapter are in addition to, and not in lieu of, any other remedy or penalties provided by law, including, but not limited to revocation or nonrenewal of a permit or license, injunction, a city-initiated land use proceeding, abatement or civil damages as provided by the Code or state law in any court or agency of competent jurisdiction.


1.10.090   Recordation of Assessment Lien and Foreclosure.  Any judgment awarding the city its abatement costs, fines and/or penalties against a respondent pursuant this chapter may be recorded at any time after issuance without further notice or proceedings, in the city’s lien docket and/or the Hood River County real property deed records as a municipal assessment lien against the respondent(s) real property.  The City’s lien shall have priority ahead of all other liens except as prohibited by any applicable law.  The City’s lien may be foreclosed as a municipal assessment lien pursuant to ORS 223.505 to 223.595 or through any other legal process.  This section shall apply to any judgment, award of costs, fines or penalties or associated lien that exists on the day of adoption of this 2011 ordinance. 


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