5.07.035 Penalty.
A. Any person who violates BC 5.07.030 commits a non criminal offense punishable by a fine of not less than $250 and not more than $1250. Every combination of nuisance activities constituting a chronic nuisance is a separately punishable offense.
B. An action to impose a penalty for violation of BC 5.07.030 may be brought on behalf of the City by the city attorney. The action shall be brought in any court of competent jurisdiction, including the Beaverton Municipal Court. The trial of any alleged violation under this section shall be provided by Oregon Laws 1993, Chapter 379, sections 1 to 5. However, no action to impose a penalty under this ordinance may be commenced against a government or governmental subdivision or agency, including a county, city or special district.
C. In determining the appropriate amount of any fine under this section, and in addition to any other factor the court deems relevant to consider, the court shall consider the following:
1. The nature and location of the chronic nuisance;
2. The frequency of the conduct constituting or principally contributing to the chronic nuisance;
3. The effect of the chronic nuisance upon the enjoyment of life, health and property on members of the community;
4. The efforts of any person in charge of premises to prevent, mitigate or eliminate the chronic nuisance;
5. The actual results of any actions taken by any person in charge of premises to prevent, mitigate or eliminate the chronic nuisance; and
6. The cost to the City of investigating and correcting or attempting to correct the chronic nuisance, including bringing an enforcement proceeding. [BC 5.07.035, added by Ordinance No. 4020, 7/20/98]