2.10.021 Pre-trial procedures

2.10.021 Pre-trial procedures.

A. Issuance of Complaint. A code enforcement officer may sign a complaint against a responsible party once the code enforcement officer determines that the responsible party committed a civil infraction. The code enforcement officer shall prescribe the form of the complaint.

1. Filing. A code enforcement officer or any individual, with the consent of the code enforcement officer, may file a signed complaint with the Municipal Court charging the responsible party with a civil infraction. The complaint shall set a date for the responsible party to appear before the municipal court to answer the complaint.

2. Contents of Complaint – Requirements. The complaint shall contain at least the following information:

a. The name of the court; the City’s name; and the name of the person cited;

b. The civil infraction with which the person is charged; and the date, time and place the infraction occurred, or if the infraction is of a continuing nature, the date, time and place the infraction was observed by the code enforcement officer, or observed by the individual signing the complaint;

c. A certificate in which the person signing the complaint certifies that the person has sufficient grounds to believe, and does believe, that the person cited in the complaint committed the civil infraction specified in the complaint.

3. Summons – Requirements. The summons in the complaint is sufficient if it contains the following:

a. The name of the court; the name of the person cited; the date on which the complaint was issued; the name of the code enforcement officer issuing the citation, and the time and place the person cited is to appear in court.

b. The infraction with which the person is charged; and the date, time and place the infraction occurred, or if the infraction is of a continuing nature, the date, time and place the infraction was observed by the code enforcement officer, or observed by the individual signing the complaint.

c. A notice to the person cited that a complaint will be filed with the court based on the infraction.

d. The amount of the scheduled forfeiture for the alleged infraction.

e. A statement notifying the person that a monetary judgment may be entered against the person for up to the maximum amount of fines, restitution and other costs allowed by law for the infraction if the person fails to make all required appearances at the proceedings.

f. A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the scheduled forfeiture indicated on the complaint, and the court accepts the plea, the amount of the fine imposed against the defendant may not exceed the amount of the scheduled forfeiture indicated on the complaint.

g. A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the scheduled forfeiture indicated on the complaint:

i. The person may submit an explanation of the circumstances of the infraction; and

ii. The court may consider the explanation in establishing the amount of the forfeiture.

B. Service. Service to the responsible party may occur as follows:

1. The code enforcement officer or any authorized agent of the City may serve a responsible party, who is an individual, by any of the following means:

a. Mailing the summons and complaint by restricted or unrestricted certified or registered mail, return receipt requested.

i. For purposes of computing any time period prescribed by this chapter, 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.

ii. No default shall be entered against any responsible party served by mail under this subsection 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.

b. Delivering the summons and complaint directly to the person to be served.

c. 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. If this substituted service option is used, the code enforcement 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 chapter, substituted service shall be complete upon mailing.

d. 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 enforcement 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 pendency 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 chapter, 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.

1. Except as provided in subsection (C)(2) or (3) of this section, a person who receives a summons and complaint alleging an infraction shall answer such complaint by personally appearing to answer at the time and place specified therein.

2. If the person alleged to have committed a civil infraction admits the infraction, the person may complete the appropriate answer on the back of each summons and forward the summons to the municipal court. The person shall send it by mail or personal delivery and the municipal court shall receive it within 10 days of the date of the receipt of the summons. Cash, check or money order in the amount of the forfeiture for the infraction alleged as shown on the face of the summons shall be submitted with the answer. Upon receipt of the forfeiture, the municipal court shall enter an appropriate order in its records.

3. If the person alleged to have committed the civil infraction denies part or all of the infraction, the person may request a trial by completing the appropriate answer on the back of the summons and forwarding the summons, together with security for court fees. The person shall send it by mail or personal delivery and the municipal court shall receive it within 10 days of the date of the receipt of the summons. Upon receipt, the municipal court shall enter the answer and establish a trial date. The municipal court shall notify the person by return mail of the date of the trial. The security received shall be returned once the person appears for the trial, except as otherwise provided by this chapter. The municipal court may waive the security deposit, in whole or in part, if the person shows good cause and provides a written reason explaining the person’s reason for requesting the waiver and certifying that the person alleged to have committed the civil infraction will attend the trial when scheduled. [BC 2.10.021, added by Ordinance No. 4688, 6/21/16]