A. Designation. The City Council hereby delegates to the City Administrator the authority to designate by written order any City officer, employee, or contractor as City of Ashland “Code Compliance Officer(s)” with authority to enforce the City Code. The following positions are designated Code Compliance Officers without further order: all City police officers, Special Campus Security Officers employed by Southern Oregon University, the City Fire Chief or designees, City Public Works Director or designees, City Finance Director or designees, City Community Development Director or designees, City Parks Director or designees, City Electric Utility Director or designees, City Recorder or designees, code compliance officers, code enforcement employees with an approved job description which includes code compliance or enforcement, including but not limited to, the Building Official and designees, Fire Marshal and designees, and community service officers.
B. General Powers and Duties of Code Compliance Officers. Code Compliance Officers are authorized to enforce any and all the provisions of the Ashland Municipal Code and for such purposes shall have all such law enforcement authority as may be granted to such enforcement officers by charter, ordinance and general law.
C. Right of Entry/ Warrant. When it may be necessary to inspect to enforce the provisions of this code, or the Code Compliance Officer has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, in violation of this code or which otherwise makes the building or premises unsafe, dangerous or hazardous, the Code Compliance Officer, in accordance with administrative policy, may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the Code Compliance Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Code Compliance Officer shall have recourse to the remedies provided by law to secure entry, including but not limited to Administrative Search Warrant.
D. Citation. City Police Officers and Code Compliance Officers are empowered to investigate and enforce all violations of City ordinances. For criminal offenses created by City ordinance, any City police officer may make an arrest consistent with the criminal laws of the State of Oregon or may issue and serve a citation in lieu of arrest as authorized by ORS 133.070. For the violation offenses created by City Ordinance or Charter, any City police officer and any City Code Compliance Officer may issue and serve a citation which shall be in the nature of a notice to appear citation and complaint, at a time and place certain, in the form and manner specified in ORS Chapter 153 and this Code. A Police Officer or Code Compliance Officer is expressly authorized by law to issue a citation to a person for a violation created by City ordinance if the officer personally witnessed the violation or the officer has probable cause to believe that the person has committed a city ordinance offense. As authorized in ORS 153.058(7), the City hereby elects not to allow privately initiated violations for city charter and city ordinance offenses. Notwithstanding the above, parking citations may be issued by authorized City parking enforcement contractors. No person shall cancel or solicit the cancellation of a citation without the approval of the municipal judge.
E. Service; Service by Mail and Failure to Receive Notice; Default.
1. Service on individuals may be made by Code Compliance Officers or any authorized agent of the City by any of the following means:
a. Service may be made by mailing the summons and complaint by restricted or unrestricted certified or registered mail, return receipt requested. For purposes of computing any time period prescribed by this ordinance, service by mail shall be complete three days after such mailing if the address to which it was mailed is within the State, and seven days after mailing if the address to which it is mailed is outside the State.
b. No default shall be entered against any responsible party served by mail under this section who has not either received or rejected the registered or certified letter containing a copy of the summons and complaint, unless otherwise authorized by the municipal judge based upon service procedures of the Oregon Rules of Civil Procedure.
c. Service may be made by delivering the summons and complaint directly to the person to be served.
d. Substituted service may be made by delivering a copy of the summons and complaint at the dwelling house or usual place of abode of the person to be served, to any person over 14 years of age residing in the dwelling house or usual place of abode of the person to be served. Where substituted service is used, the code compliance officer, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party’s dwelling house or usual place of abode, together with a statement of the date, time, and place at which substituted service was made. For the purpose of computing any period of time prescribed or allowed by this ordinance, substituted service shall be complete upon mailing.
e. If the person to be served maintains an office for the conduct of business, office service may be made by leaving a true copy of the summons and complaint at such office during normal working hours with the person who is apparently in charge. Where office service is used, the code compliance officer, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party’s dwelling house or usual place of abode or the responsible party’s place of business or such other place under the circumstances that is most reasonably calculated to apprise the responsible party of the existence and dependency of the action, together with a statement of the date, time, and place at which office service was made. For the purpose of computing any period of time prescribed or allowed by this ordinance, office service shall be complete upon such mailing.
2. Service on particular responsible parties; minors, incapacitated persons, corporations, limited partnerships, the State, other public bodies, general partnerships and other entities, shall be on the persons named in the Oregon Rules of Civil Procedure.
F. Default/Criminal Charges/Warrant/Presumptive Arrest.
1. Failure to appear on a violation citation may result in a default judgment, criminal prosecution for failure to appear [See ORS 153.992, ORS 133.076], a Court order to show cause for Contempt, as well as issuance of an arrest warrant.
a. AMC 9.08.110 – Scattering Rubbish;
b. AMC 9.08.170 – Unnecessary noise;
c. AMC 9.16.010 – Dogs-Control Required;
d. AMC 10.40.030 – Consumption of Alcohol in Public;
e. AMC 10.40.040 – Open Container of Alcohol in Public;
f. AMC 9.16.015 – Dog License Required; or
g. ORS 475B.381 – Use of marijuana in public place prohibited.
G. Warnings. City Police Officers and Code Compliance Officers may issue a warning notice for any noncriminal violation of the Ashland Municipal Code, provided the Code does not prohibit a warning. Warning notices generally provide a brief description of the violation, the name of the City department to contact regarding the abatement of the violation, the name of the person issuing the warning notice, the date the warning was issued, and a statement that failure to correct the alleged violation or to contact the named department contact within ten (10) days may result in issuance of a citation to the municipal court as well as other enforcement proceedings. The warning notice shall be served upon the person or entity accused of the violation and a copy placed in the enforcement file. Nothing in this section shall be construed to require a warning notice be given to any defendant prior to issuing a citation or taking any other enforcement or abatement action.
H. Personal appearance when abatement of violation required. Notwithstanding the appearance options of ORS 153.061, when the City ordinance offense alleged involves a continuing violation, a personal appearance on the citation shall be required. The violation citation itself, this Chapter, the bail schedule, or Court order may specify offenses or classes of offenses which require a personal appearance. (Ord. 3143 § 1, amended, 05/16/2017; Ord. 3067, amended, 06/19/2012; Ord. 2985, added, 06/16/2009)