In the interpretation and application, the provisions of this code shall be held to be the minimum requirements, adopted for the protection of the public health, safety, and general welfare. Whenever the requirements of this code are at variance with other provisions of this code, or with the requirements of any other adopted city rules, regulations, or ordinances, the most restrictive, or that imposing the higher standard, shall govern. (Ord. 2875 § 1.030.010, 2003)
No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this code or any amendment thereto. No public right-of-way shall be used for any use without the consent or approval of the city council. (Ord. 2875 § 1.030.020, 2003)
A violation of this code or development contrary to any permit approval, or approval conditions arising out of this code, shall carry penalties as follows:
(1) Class I violation: any person intentionally or knowingly violating any provision of this code shall be guilty of a Class C misdemeanor which carries a maximum fine of $1,250 and/or 30 days in jail, or the maximum per state law, whichever is greater.
(2) Class II violation: any person violating any provision of this code shall be guilty of a Class A violation which carries a maximum fine of $720.00, or the maximum per state law, whichever is greater.
(3) A violation of any provision of this code shall be considered a separate offense for each day the violation continues.
(4) A finding of a violation of this code shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city.
(5) The above are not intended to violate state and federal laws. (Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.030.030, 2003)
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a signed, written complaint. Such complaints, stating fully the causes and bases thereof, shall be filed with the planning director or designee. The planning director shall record properly such complaints, investigate and take action thereon as provided by this code. (Ord. 2875 § 1.030.040, 2003)
Whenever the planning director has reasonable cause to suspect a violation of any provision of this chapter exists; or when necessary to investigate an application for, or revocation of, any approval under any of the procedures described in this code, the planning director may enter on any site or into any structure for the purposes of investigation; provided, that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises, if other than the owner. If consent cannot be obtained, the planning director shall secure a search warrant from the city’s municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. (Ord. 2875 § 1.030.050, 2003)
(1) Any development or use which occurs contrary to the provisions of this code, or contrary to any permit or approval issued or granted under this code, is unlawful and may be abated by appropriate proceedings.
(2) Violations of this Community Development Code may be prosecuted pursuant to general code enforcement procedures for ordinance violations as provided in the general ordinances of the city of St. Helens, Oregon (St. Helens Municipal Code). (Ord. 2875 § 1.030.060, 2003)
In the interpretation and application, the provisions of this code shall be held to be the minimum requirements, adopted for the protection of the public health, safety, and general welfare. Whenever the requirements of this code are at variance with other provisions of this code, or with the requirements of any other adopted city rules, regulations, or ordinances, the most restrictive, or that imposing the higher standard, shall govern. (Ord. 2875 § 1.030.010, 2003)
No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this code or any amendment thereto. No public right-of-way shall be used for any use without the consent or approval of the city council. (Ord. 2875 § 1.030.020, 2003)
A violation of this code or development contrary to any permit approval, or approval conditions arising out of this code, shall carry penalties as follows:
(1) Class I violation: any person intentionally or knowingly violating any provision of this code shall be guilty of a Class C misdemeanor which carries a maximum fine of $1,250 and/or 30 days in jail, or the maximum per state law, whichever is greater.
(2) Class II violation: any person violating any provision of this code shall be guilty of a Class A violation which carries a maximum fine of $720.00, or the maximum per state law, whichever is greater.
(3) A violation of any provision of this code shall be considered a separate offense for each day the violation continues.
(4) A finding of a violation of this code shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city.
(5) The above are not intended to violate state and federal laws. (Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.030.030, 2003)
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a signed, written complaint. Such complaints, stating fully the causes and bases thereof, shall be filed with the planning director or designee. The planning director shall record properly such complaints, investigate and take action thereon as provided by this code. (Ord. 2875 § 1.030.040, 2003)
Whenever the planning director has reasonable cause to suspect a violation of any provision of this chapter exists; or when necessary to investigate an application for, or revocation of, any approval under any of the procedures described in this code, the planning director may enter on any site or into any structure for the purposes of investigation; provided, that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises, if other than the owner. If consent cannot be obtained, the planning director shall secure a search warrant from the city’s municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. (Ord. 2875 § 1.030.050, 2003)
(1) Any development or use which occurs contrary to the provisions of this code, or contrary to any permit or approval issued or granted under this code, is unlawful and may be abated by appropriate proceedings.
(2) Violations of this Community Development Code may be prosecuted pursuant to general code enforcement procedures for ordinance violations as provided in the general ordinances of the city of St. Helens, Oregon (St. Helens Municipal Code). (Ord. 2875 § 1.030.060, 2003)