The Development Code shall be administered and enforced by the Director.

No building permit shall be issued by the Building Official for any authorized development unless the Director has determined that the proposed development complies with the provisions of this Code and the required development review has been completed.

No final certificate of occupancy shall be issued by the Building Official for any development unless all requirements of this Code have been met or until the applicant has provided some written form of assurance acceptable to the Director guaranteeing the completion of all requirements.

Whenever any work is being done contrary to the provisions of this Code, the Director may order the work stopped by notice in writing served on any persons engaged in the work, and any such persons shall immediately stop such work until authorized by the Director to proceed.

Use of land in the City of Sandy not in accordance with the provisions of this Code constitutes a violation. Upon receiving information concerning a violation of this Code, the Director may conduct, or cause to be conducted, an investigation determining whether a violation exists. The Director may request the assistance of other City agencies and officers in the conduct of such investigations.

The Director may prepare and deliver to the City Attorney a request for prosecution indicating the location and nature of the suspected violation, applicable code sections, and other information staff may have.

After receiving a report of an alleged violation, the Director shall, if he/she determines that probable cause exists, promptly give notice of the alleged violation by certified first class mail, return receipt requested, or personal service to the owner of record for tax purposes and to the person in charge of the property. Such a notice shall indicate the following:

A.

Location and nature of the violation; and provision or provisions of this Code which allegedly have been violated; and

B.

Whether immediate enforcement will be sought or if 15 days will be allowed to correct or remove the violation. Immediate enforcement will be sought in a situation involving a health hazard or other nuisance that unmistakably exists and from which there is imminent danger to human life or property; and

C.

The date of the notice shall be the date of personal service of the notice, or, if notice is accomplished by first class mail, three days after mailing if the address to which it was mailed is within this State and seven days after mailing if the address to which it was mailed is outside the State. However, a defect in the notice of violation with respect to such matter shall not prevent enforcement of this Code.

As soon as the compliance deadline has expired the City Attorney shall proceed with any legal or equitable action deemed appropriate unless:

A.

It has been demonstrated to the City Attorney that the violation has been corrected, removed, or will not be committed; or

B.

A court of competent jurisdiction has halted enforcement pending the outcome of a proceeding before it concerning the violation.

A violation of this Code may be the subject of criminal, civil, or other sanctions authorized under ordinance of the City:

A.

Criminal Penalties. Unless otherwise specified, every violation of the terms of the Code is a Class A infraction, punishable by a fine of up to $500.00. Each day such violation continues shall be considered a separate offense.

B.

Civil Penalties and Remedies. In addition to, or in lieu of, criminal actions, a violation of this Code or a permit issued hereunder may be the subject of a civil action in the nature of a debt or of any appropriate remedy issuing from a court of competent jurisdiction, including mandatory and prohibitory injunctions and orders of abatement.

1.

The Director is authorized to impose a civil penalty of up to $1,000.00 for any violation of this Code.

2.

In imposing a penalty amount pursuant to the schedule authorized by this section the Director shall consider the following factors:

a.

The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;

b.

Any prior violations of statutes, rules, orders or permits pertaining to development regulations;

c.

The gravity and magnitude of the violation;

d.

Whether the violation was repeated or continuous; and

e.

Whether the cause of the violation was an avoidable accident, negligence or an intentional act.

3.

Imposition and enforcement of civil penalties is not an exclusive remedy, but shall be in addition to any other procedures or remedies provided by law. Imposition or payment of a civil penalty under this section shall not be a bar to any criminal proceeding authorized under this chapter.

4.

A civil penalty shall be imposed under this section by issuance of a notice of penalty. A civil penalty may be imposed for the first 30 days and each additional 30-day period the condition continues. The notice of penalty shall be provided in the manner as described under Subsection 5., below.

5.

Any civil penalty imposed under this section shall become due and payable when the notice of penalty is served upon the person incurring the penalty. Service shall be by personal service or by mailing the notice by certified mail, return receipt requested, to the last known address of the person incurring the penalty. The notice of penalty shall include:

a.

A reference to the particular provision or law violated;

b.

A statement of the matters asserted or charged;

c.

A statement of the amount of the penalty or penalties imposed;

d.

A statement of the owner's right to appeal the penalty; and

e.

A statement that if the penalty is not paid within the time required under Subsection 10., below, the penalty and any costs of service and recording fees will be recorded by the City Recorder in the City Lien Docket and shall become a lien on the property of the person incurring the penalty.

6.

If the notice of penalty is returned to the City without service upon the named person, the Director shall post a notice of penalty on the premises where the violation has occurred. The notice shall be posted so as to be visible from the public right-of-way and shall be delivered to a person, if any, occupying the premises. The posted notice shall be affixed to the premises and shall also indicate that tampering or removal of the notice shall constitute a misdemeanor.

7.

The person to whom the notice of penalty is issued shall have 20 days from the date of service of the notice in which to appeal the penalty before the municipal judge, after which time the notice of penalty becomes a final order. The appeal shall be as provided in Subsections 8. and 9., below.

8.

Any appeal shall be in writing and signed by the person against whom the penalty has been assessed or the attorney for that person. The appeal shall state the grounds of the appeal. A deposit in the amount of the civil penalty assessed and an appeal fee shall accompany the appeal. The appeal shall be filed with the municipal court and served upon the City Attorney. Failure to comply with these provisions shall result in the dismissal of the appeal.

9.

The municipal judge shall develop any rules or regulations that may be necessary for the proper conduct of the appeal. The only issues to be decided by the municipal judge are determinations of whether or not the condition of the property was as alleged in the notice of penalty and if so, whether that condition violated this Code. If the judge finds that the alleged condition existed at the time and date specified on the notice of penalty, the municipal judge shall issue an order affirming the penalty. The order shall contain a provision for court costs to be paid by the violator. If the judge finds that the condition alleged in the notice of penalty did not exist at the time and date specified on the notice, the municipal judge shall void the notice of penalty. The order voiding the notice of penalty shall provide for return of the deposit, including the appeal fee. The judge's order is final and not subject to appeal unless challenged in a court of competent jurisdiction.

10.

Unless the amount of penalty imposed is paid within ten days after the notice of penalty or the order becomes final by operation of law or after appeal, the order shall constitute a lien on the owner's subject property and shall be recorded in the City Lien Docket. Where the service has been made by certified mail or other means providing a receipt, the returned receipt shall be attached to and made a part of the order recorded. The penalty provided in the order and added costs so recorded become a lien upon the real property. That lien shall have priority over all other liens and encumbrances of any character. The lien shall accrue interest at the rate applicable for municipal assessment liens from the date of docketing until clearance. The lien may be foreclosed on and the property sold as may be necessary to discharge the lien in the manner specified in ORS 223.505 through 223.595.

11.

Any lien for a civil penalty shall be released when the full amount determined to be due has been paid to the City; and the owner or person making such payment shall receive a receipt therefor, stating that the full amount of penalties, interest, recording fees, and service costs have been paid and that the lien is thereby released and the record of the lien satisfied.

No person shall remove or tamper with a notice posted on property pursuant to the provisions of this chapter unless authorized by the Director. A violation of this provision shall be a Class "C" misdemeanor.