Skip to main content
Loading…
This section is included in your selections.

A. Failure of any person to comply with the requirements of the Wood Village Municipal Code ("Code"), of any state statute, county or municipal ordinance incorporated by reference in this Code, or of any of the terms and conditions of any permit or approval issued by the City pursuant to this Code, is hereby deemed a civil infraction, or, in the case of such failure to comply with the Building Code, a civil violation, punishable as provided herein. Every day during which such civil infraction or civil violation is committed, continued or permitted to continue, shall be a separate offense. Any such civil infraction or civil violation includes causing, allowing, permitting, aiding, abetting, or concealing such offense.

B. A civil infraction is declared to be an offense, but not a crime, and is enforced pursuant to Sections 1.06.020 and 1.06.030. It is intended to be an offense which can be disposed of in all respects as a civil proceeding and not governed by procedural, evidentiary, substantive and constitutional rules applicable to criminal charges and proceedings. A person adjudged responsible for an infraction shall not be deemed “guilty” of the infraction and a judgment of responsibility shall not be deemed a “conviction” for any purpose.

C. A civil violation is not a crime or an offense, but is an administrative penalty imposed pursuant to Section 1.06.035.

D. Maximum penalties for civil infractions or civil violations shall be as follows:

1. A civil penalty of not more than $1000.00 per offense, or such lesser sum as may be provided in the ordinance defining the offense.

2. Notwithstanding subsection (D)(1) of this section or any other provision in this Code to the contrary, no greater penalty shall be imposed for any civil infraction or civil violation under this Code than the maximum penalty prescribed under Oregon Statute for the same offense.

E. In establishing the amount of any civil penalty under subsection (D) of this section, a court, or, in the case of a civil violation, the Building Official or City Manager, should consider any of the following factors deemed relevant:

1. The actions taken by the person or entity to mitigate or correct the violation;

2. The financial condition of the person or entity charged with the violation;

3. Whether the violation or the failure to comply is repeated or continuous in nature;

4. The magnitude or gravity of the violation or failure to comply;

5. The cooperativeness of the person or entity with the city;

6. The cost to the city of investigating, correcting, attempting to correct and/or prosecuting the violation or failure; and

7. Any other factor deemed by the court, the Building Official, or the City Manager to be relevant.

F. For the purpose of facilitating disposition of infractions, the court may promulgate a schedule of forfeitures for particular infractions, and the person charged with such an infraction may deposit with the court the amount so scheduled, waive further appearance, and have the sum so deposited forfeited as a plea of “no contest.” The court shall not, however, be bound by the schedule on appearance and admission by the person charged, or on trial and judgment against the person charged; the court in such a case may impose any forfeiture allowed by this section.