A. Failure to secure and maintain a valid residential rental property license and/or any other violation of any section of Chapter 8.22 is a civil infraction pursuant to Chapter 1.06, Code Enforcement. A violation applies to each residential rental property, residential rental unit or rooming unit in violation of Chapter 8.22. Each day a violation continues to exist shall constitute a separate violation for which a separate fine or penalty may be assessed.

B. Any property in violation of Chapter 8.22 is declared to be a public nuisance, for which abatement action under Chapter 8.16 may be taken and costs assessed, whether or not an owner has been convicted in court or otherwise of a violation of Chapter 8.22.

C. If a residential rental property license is denied, suspended or revoked, it shall be unlawful for the owner or property management company to permit new occupancy of any vacant unit(s) within the property until a valid residential rental property license has been issued. If a unit with violations, as determined by inspection, is or becomes vacant it shall be unlawful for the owner or property management company to permit re-occupancy of the unit(s) until all violations have been repaired and the unit is reinspected and found to be in compliance with the PMC, Chapter 8.18, or other applicable laws.

D. If, upon inspection, a condition or defect is found to exist that constitutes an imminent threat to public health and/or safety, City water and wastewater services may be discontinued; provided, however, that prior to the disconnection or discontinuance of any City utility service the City must (A) give notice to the owner or property management company and the tenant of the affected unit(s) of the proposed utility service discontinuance, the reasons for such action; and (B) make a specific finding after review of the inspection checklist and report that disconnection or discontinuance of City water and/or wastewater services is necessary to deter occupancy or habitation in the affected unit(s) in which the public health and/or safety is harmed or endangered by the continued occupancy of habitation of the unit(s).

E. All costs, charges, administrative enforcement fees, including all costs of abatement, reinspection fees, late payment charges, title search fees, lien recording fees, and related charges, may be assessed against the owner and property and shall constitute a lien against the property as provided in Sections 5.20.060, 8.16.290, 8.16.300, 8.18.220, and 8.22.075. Additional administrative enforcement fees will be added to the lien as they accrue, regardless of whether or not they are delinquent. The lien may be foreclosed in any manner provided by ORS 223.505 to 223.650 or as otherwise provided by law.

F. Nothing herein shall prevent the Manager from seeking any other means available at law or in equity in order to enforce the provisions of Chapter 8.22.