Municipal Code Title 1

1.01.010            Adoption.
1.01.020            Title-Citation-Reference.
1.01.030            Reference applies to all amendments.
1.01.040            Title, chapter and section headings.
1.01.050            Reference to specific ordinances.
1.01.060            Ordinances passed prior to adoption of the code.
1.01.070            Effect of code on past actions and obligations.
1.01.080            Constitutionality.

1.01.010 Adoption.
There is hereby adopted the "Waldport Municipal Code", as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 664 § 1, 2000)

1.01.020 Title-Citation-Reference.
This Code shall be known as the "Waldport Municipal Code" and it shall be sufficient to refer to said Code as the "Municipal Code" or "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 "Municipal Code" or "Code". References may be made to the titles, chapters, sections and subsections of the "Municipal Code" or "Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. (Ord. 664 § 2, 2000)

1.01.030 Reference applies to all amendments.
Whenever a reference is made to this Code as the "Waldport Municipal Code", "Municipal Code", or "Code" or to any portion thereof, or to any ordinance of the City of Waldport, Oregon, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 664 § 3, 2000)

1.01.040 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. 664 § 4, 2000)

1.01.050 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 otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (Ord. 664 § 5, 2000)

1.01.060 Ordinances passed prior to adoption of the code.
The last ordinance included in this code was Ordinance No. 661, passed on August 5, 1999. The following ordinances, passed subsequent to Ordinance No. 661, but prior to the adoption of this Code, are hereby referred to and made part of the Ordinance List and Disposition Table of this Code: Ordinance 662 which grants a franchise to Falcon Cable TV (Special); and Ordinance 663, an annexation by consent (Special). (Ord. 664 § 6, 2000)

1.01.070 Effect of code on past actions and obligations.
The adoption of this Code does not affect prosecutions for ordinance violations committed prior to the effective date of this Code, does not waive any fee or penalty due and unpaid on the effective date of this Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 664 § 7, 2000)

1.01.080 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. (Ord. 664 § 8, 2000)

1.04.010 Official city newspaper.
The South Lincoln County News is designated as the official city newspaper of the city of Waldport. (Ord. 643 § 1, 1997)

1.08.010            Applicability.
1.08.020            Purpose.
1.08.030            Definitions.
1.08.040            Enforcement authority - Issuance of citations.
1.08.050            Arrest or detention prohibited.
1.08.060            Citation and complaint.
1.08.070            Forfeiture amounts.
1.08.080            Response by defendant.
1.08.090            Discretionary powers of court.
1.08.100            Hearings.
1.08.110            City attorney involvement.
1.08.120            Exclusive procedure for imposing forfeiture.
1.08.130            Additional remedies.
1.08.140            Delinquent forfeitures - Lien.
1.08.150            Continuing violations.
1.08.160            Escalating Fines for Chronic Civil Infractions

1.08.010 Applicability.
The procedures set forth in this chapter shall be applicable to all civil infractions so designated by existing ordinances of the city and all future ordinances designating a violation as a civil infraction. (Ord. 655 § 1, 1999)

1.08.020 Purpose.
The purpose of this chapter is to provide a convenient and practical forum for a civil hearing and determination of cases arising out of violations of city ordinances denominated as civil infractions. (Ord. 655 § 2, 1999)

1.08.030            Definitions.
            As used in this chapter, unless context requires otherwise:
            "Civil infraction" means a violation of a city ordinance designated as civil infraction.
            "Forfeiture" means the penalty imposed for a civil infraction if a violation is found to have been committed.
            "Person" means any person, firm, partnership, corporation or association of persons. (Ord. 655 § 3, 1999)

1.08.040            Enforcement authority - Issuance of citations.
            A.            The city attorney, city clerk, code/law enforcement officer, city planner, or public works director are authorized to enforce violations of city ordinances designated as infractions.
            B.            The city clerk, code/law enforcement officer, city planner, or public works director, in enforcing ordinances designated as infractions pursuant to this ordinance, may issue citations to any violator. If the person to be issued a citation is a firm, corporation or any other organization, issuance of a citation to any employee, agent or representative thereof shall be sufficient to confer jurisdiction upon the municipal court. (Ord. 655 § 4, 1999)

1.08.050 Arrest or detention prohibited.
No person may be arrested or detained for violation of a city ordinance denominated as a civil infraction. (Ord. 655 § 5, 1999)

1.08.060            Citation and complaint.
            A.            The citation and complaint issued for civil infractions should be in a form as approved by the city attorney and should contain:
            1.            The name of the city municipal court, the name of the city or city department in whose name the action is brought and the name of the defendant;
            2.            A statement or designation of the offense in such manner as can be understood by a person making a reasonable effort to do so and the date, time and place of which the offense is alleged to have occurred;
            3.            The signature of the complainant and a statement that the complainant has reasonable grounds to believe that the person cited committed the offense contrary to law.
            B.            The citation and complaint shall be signed by the city clerk, code/law enforcement officer, city planner or public works director.
            C.            Nothing prohibits the municipal court from amending the citation in its discretion, at any time. (Ord. 655 § 6, 1999)

1.08.070            Forfeiture amounts.
            Civil infractions designated by ordinances of the city are classified and the maximum forfeitures for commission of a civil infraction are as follows:
            A.            Class A infraction, one thousand dollars ($1000.00);
            B.            Class B infraction, five hundred dollars ($500.00);
            C.            Class C infraction, two hundred fifty dollars ($250.00);
            D.            Class D infraction, one hundred dollars ($100.00). (Ord. 655 § 7, 1999)

1.08.080            Response by defendant.
            A.            When a defendant is served with a civil infraction citation the defendant shall either appear in court at the time indicated in the summons or, prior to such time, deliver to the court the summons, together with a check or money order in the amount of the forfeiture set forth in the summons, and enclose therewith:
            1.            A request for hearing;
            2.            A statement of matters in explanation or mitigation oft he events resulting in the charge of a violation; or
            3.            The executed appearance, waiver of hearing, and admission appearing on the summons. A statement in explanation or mitigation may also be enclosed with the admission of a civil infraction.
            B.            In any case in which the defendant personally appears in court at the time indicated in the summons, if the defendant desires to admit the civil infraction and the judge desires to accept the plea, the judge shall hear nay statement in explanation or mitigation that the defendant desires to make.
            C.            If the defendant has submitted to the court any written statement in explanation or mitigation, the statement constitutes a waiver of hearing and consent to judgment . The court may declare a forfeiture on the basis of the statement and any testimony or written statement of an authorized city enforcement officer or any other person which may be presented to the court. (Ord. 655 § 8, 1999)

1.08.090 Discretionary powers of court.
The court, on its own motion, may direct that a hearing be held for any civil infraction and may enter the appropriate judgment, declare a forfeiture, and remit to the defendant any amount by which the forfeiture assessed is less than the amount posted by the defendant pursuant to Section 1.08.080 of this chapter. (Ord. 655 § 9, 1999)

1.08.100            Hearings.
            A.            Hearing Notice. If the defendant requests a hearing under Section 1.08.080 of this chapter, or the court directs that t hearing be held, the court shall fix a date and time for the hearing and, unless notice is waived, shall, at least five days in advance of the hearing, mail to the defendant a notice of the date and time so fixed.
            B.            Requirements and Procedures.
            1.            Trial of a civil infraction shall be by the court without a jury.
            2.            Trial of a civil infraction shall not commence until the expiration of not less than seven days from the date of the citation or the infraction unless the defendant waives the seven-day period.
            3.            The city shall have the burden of proving the alleged civil infraction by a preponderance of the evidence.
            4.            The pretrial discovery rules of ORS Chapter 135 shall apply to civil infractions prescribed pursuant to this chapter.
            5.            The defendant may not be required to be a witness at a hearing of any infraction pursuant to this chapter.
            6.            Proof of a culpable mental state is not an element of a civil infraction. (Ord. 655 § 10, 1999)

1.08.110            City attorney involvement.
            A.            The city attorney shall have the authority to prosecute any violation of a city ordinance denominated as a civil infraction.
            B.            At any hearing involving a city infraction, the city attorney may aid in preparing evidence and obtaining witnesses but shall not appear unless counsel for the defendant appears. (Ord. 655 § 11, 1999)

1.08.120 Exclusive procedure for imposing forfeiture.
The procedure prescribed by this chapter shall be the exclusive procedure for imposing forfeiture; however, this chapter shall not prohibit any other alternative remedies set forth in this code or the laws of the state, including but not limited to the abatement of nuisances. (Ord. 655 § 12, 1999)

1.08.130 Additional remedies.
In addition to any other remedy provided in this chapter, the city clerk may deny or revoke any city license or permit held or applied for by a person owing a forfeiture to the city assessed pursuant to this chapter. (Ord. 655 § 13, 1999)

1.08.140 Delinquent forfeitures - Lien.
In any case where a forfeiture assessed by the court is not paid, or where there is a default judgment, the city clerk shall enter into the lien docket of the city and may enter it into the lien docket of Lincoln County, Oregon, the amount of the forfeiture against any real or personal property of the defendant within the city, and the forfeiture, after being filed as a lien, shall be collected in the same manner as other liens owing to the city or in any other manner allowed by law for the collection of a debt. (Ord. 655 § 14, 1999)

1.08.150 Continuing violations.
When a civil infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day that the civil infraction continues, and a separate citation may be issued for each such civil infraction. (Ord. 655 § 15, 1999)

1.08.160 Escalating Fine for Chronic Infractions.
When a civil infraction is deemed to be chronic (occurring more than once in a ninety (90) day period or other reasonable timeframe as determined by the Council), the fine shall be doubled for each recurring violation. Mitigation of the infraction may not necessarily result in a reduction of fines. (Ord. 686 § 1, 2002)

Chapter 1.16

PROVISIONS FOR MEASURE 37 CLAIMS

Sections:
1.16.010         Purpose
1.16.020         Definitions
1.16.030         Claim Filing Procedures
1.16.040         City Administrator’s Investigation and Recommendation
1.16.050         City Council Public Hearing
1.16.060         City Council Action on Claim
1.16.070         Processing Fee
1.16.080         Private Cause of Action

1.16.010 Purpose.
These Real Property Compensation Code Sections are intended to implement the provisions added to Chapter 197 of Oregon Revise Statutes by Statewide Ballot Measure 37 (November 2, 2004). These provisions establish a prompt, open, thorough and consistent process that enables property owners an adequate and fair opportunity to present their claims to the city; preserves and protects limited public funds; and establishes a record of the city’s decision capable of circuit court review. (Ord. 698 § 2, 2004)

1.16.020         Definitions.
            As used in Sections 1.16.010 to 1.16.080 of this Code the following words and phrases mean:
            “City Administrator” means the Chief Administrative Officer of the City of Waldport, or his or her designee.
            “City Clerk” means the City Clerk of the City of Waldport, or his or her designee.
            “Claim” means a claim filed under Ballot Measure 37.
            “Exempt Land Use Regulation” means a land use regulation that:
            1.         Restricts or prohibits activities commonly and historically recognized as public nuisances under common law;
            2.         Restricts or prohibits activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
            3.         Is required in order to comply with federal law;
            4.         Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing; or
            5.         Was enacted prior to the date of acquisition of the property by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first.
            “Family Member” means and includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, an estate of any of the foregoing family members, or a legal entity owned by any one or combination of these family members or the owner of the property.
            “Land Use Regulation” means and includes:
            1.         Any statute regulating the use of land or any interest therein;
            2.         Administrative rules and goals of the Land Conservation and Development Commission;
           3.        Local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances;
            4.         Metropolitan service district regional framework plans, functional plans, planning goals and objectives; and
            5.         Statutes and administrative rules regulating farming and forest practices.
            “Owner” means the present owner of the property, or any interest therein.
            “Valid Claim” means a claim submitted by the owner of real property that is subject to a land use regulation adopted or enforced by the city that restricts the use of the private real property in a manner that reduces the fair market value of the real property. (Ord. 698, § 3, 2004)

1.16.030         Claim Filing Procedure.
            A.        A person seeking to file a claim under Sections 1.16.010 to 1.16.080 of this Code must be the present owner of the property that is the subject of the claim at the time the claim is submitted. The claim shall be filed with the City Clerk’s office.
            B.        A claim shall include:
            1.         The name(s), address(es) and telephone number(s) of all owners, and anyone with any interest in the property, including lien holders, trustees, renters, lessees, and a description of the ownership interest of each;
            2.         The address, tax lot, and legal description of the real property that is the subject of the claim, together with a title report issued no more than 30 days prior to the submission of the claim that reflects the ownership interest in the property, or other documentation reflecting sole ownership of the property by the claimant, and the date the property was acquired;
            3.         The current land use regulation(s) that allegedly restricts the use of the real property and allegedly causes a reduction in the fair market value of the subject property;
            4.         The amount of the claim, based on the alleged reduction in value of the real property supported by an appraisal by an appraiser licensed by the Appraiser Certification and Licensure Board of the State of Oregon; and
            5.         Copies of any leases or Covenants, Conditions and Restrictions (“CCR’s”) applicable to the real property, if any, that impose restrictions on the use of the property.
            6.         Each claim application shall be accompanies by an application fee of $800, or as hereafter amended by resolution of the Council from time to time. This fee shall be paid in advance of acceptance of the claim application for the costs of processing and review of each claim. The first $400 of this application fee will be non-refundable. The remaining $400 will be a deposit for any additional costs of processing and review of the claim. Any unused portion will be refunded to the applicant. Additional costs beyond this fee shall be imposed as stated in Section 1.16.070 following this section.
            C.        No claim application shall be deemed filed with the City unless all information required in Section 1.16.030(B), together with any application fees set by the Council are provided to the City. Within seven working days of receipt of a claim application, the City shall review the submitted materials and either:
            1.         Deem the claim application complete and filed; or
            2.         Inform the applicant by certified letter of additional information needed to complete the filing.
If the applicant files the additional necessary information within ten working days of the date the certified letter is mailed, the application shall be deemed filed on the original date of filing. In all other cases, the application shall not be considered filed until the City receives all the information. (Ord. 698 § 4, 2004)

1.16.040         City Administrator’s Investigation and Recommendation.
            Following an investigation of a claim, the City Administrator shall forward a recommendation to the City Council that the claim be:
            1.         Denied;
            2.         Investigated further;
            3.         Declared valid, and waive or modify the land use regulation, or compensate the claimant upon completion of an appraisal; or
            4.         Evaluated with the expectation of the city acquiring the property by eminent domain. (Ord. 698 § 5, 2004)

1.16.050 City Council Public Hearing.

The City Council shall conduct a public hearing before taking final action on a recommendation from the City Administrator. Written notice of the public hearing shall be provided to the claimant and to owners and occupants of property within 300 feet of the perimeter of the subject property at least ten days prior to the date of the hearing. (Ord. 698 § 6, 2004)

1.16.060         City Council Action on Claim.
            A.        Upon conclusion of the public hearing, and prior to the expiration of 180 days from the date the claim was filed, the City Council shall:
            1.         Determine that the claim does not meet the requirements of Measure 37 and this Code and deny the claim; or
            2.         Adopt a Resolution with findings therein that supports a determination that the claim is valid and either direct that the claimant be compensated in an amount set forth in the Resolution for the reduction in value of the property, or direct that the challenged land use regulation be removed, modified or not be applied to the property; or
            3.         Initiate the eminent domain process pursuant to Oregon State Statute.
            B.        The City Council’s decision to remove, modify or not apply a land use regulation, or to compensate the owner, or to initiate the eminent domain process, shall be based on whether the public interest would be better served by compensating the owner, by removing, modifying or not applying the challenged land use regulation, or by acquiring the property through condemnation.
            C.        If the City Council removes, modifies or chooses not to apply the challenged land use regulation, it may, at its discretion, put back into effect with respect to the subject property, all of the land use regulations in effect at the time the claimant acquired the property.
            D.        A decision by the City Council to remove, modify, or not apply a land use regulation shall be personal to the claimant(s) and shall automatically become invalid and void upon the transfer of any ownership interest in the subject property by the claimant to anyone. (Ord. 698 § 7, 2004)

1.16.070         Processing Fee.
            A.        The City Clerk shall maintain a record of the city’s costs in processing a claim. As set forth in Section 1.16.030(B)(6) above, each claim application shall be accompanied by a fee of $800, $400 of which is non-refundable.
            B.        Following final action by the city on the claim at the local level, the City Clerk shall send to the property owner an itemization, including staff, legal and appraisal costs that the city incurred in reviewing and acting on the claim. If these costs exceed the total fee, a bill shall be sent to the applicant for the additional costs. If these costs are less than the total fee, a refund shall be made from the deposit portion of the fee.   There shall be no refund from the non-refundable portion of the fee.
            C.        If the property owner does not pay the amount due within 30 days, then the city shall pursue collection, including filing and creating a lien on the property. (Ord. 698 § 8, 2004)

1.16.080 Private Cause of Action.
If the City Council’s approval of a claim by removing, modifying or not applying a land use regulation causes a reduction in value of other property located in the vicinity of the claimant, the affected property owner(s) shall have a cause of action in state circuit court to recover from the claimant the amount of the reduction, and shall also be entitled to attorney’s fees. (Ord. 698 § 9, 2004)