Where the conditions imposed by a provision of this ordinance are less restrictive than comparable conditions imposed by any other provisions of this ordinance or any other ordinance, the provisions which are more restrictive shall govern.

A.

A violation of this chapter may be enforced through the imposition of a civil penalty, pursuant to subsection C and chapter 2.36 of the Enterprise Municipal Code, through a violation and/or misdemeanor proceeding, or through any other legal remedy provided in city ordinances or by law.

B.

A violation of this chapter constitutes a separate violation for each day the violation occurs. A separate civil penalty may be imposed for each day this chapter is violated and a separate offense shall be deemed to occur for each day this chapter is violated.

C.

A civil penalty in the maximum amount of three thousand dollars ($3,000.00) may be imposed for each day a violation of this chapter occurs, under the procedures set forth in chapter 2.36 of the Enterprise Municipal Code. The hearings officer may suspend any portion of the civil penalty imposed upon condition that the violations cease within the time period specified by the hearings officer and may impose the suspended portion of the civil penalty if the violation is not corrected within the time specified by the hearings officer.

D.

Violation of this chapter shall constitute a Class A misdemeanor and upon conviction thereof may be punishable by imposition of a fine not to exceed three thousand dollars ($3,000.00) and imprisonment for a maximum period of one (1) year. The court with jurisdiction may order that the sentence be suspended upon condition that the conditions which constitute the violation be corrected within a time period to be specified by the court. After hearing the court may order the imposition and payment of the suspended sentence if the court finds that the conditions were not corrected within the time ordered.

E.

The abatement of a violation of this chapter by the city, if such abatement occurs, or the abatement of a nuisance by the city, if such abatement occurs, is not a penalty for violating this chapter, but is an additional remedy. If a civil penalty or fine is imposed it shall not relieve the responsible party from the duty of correcting the violation or from liability for additional penalties or fines for additional or other days that the violation occurred.

(Ord. No. 577, § 16, 2014)

The provisions of this ordinance are severable. If any section, sentence, clause, or phrase of this ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision or ruling shall not affect the validity of the remaining portions of this ordinance.

This ordinance shall be applicable to all lands within the corporate limits of the City of Enterprise, Wallowa County, Oregon.

Ordinance numbers 396, 432, 440, 468, 472, 495, and 498 are hereby repealed, said repealer to be effective thirty (30) days after the enactment of this ordinance by the Council of the city of Enterprise.

This ordinance shall be in full force and effect thirty (30) days after adoption by the Council.