In their interpretation and application, the provisions of this code shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. Wherever 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 standards shall govern. (Ord. 1370, 1995)

No person shall:

A.    Erect, construct, establish, occupy, alter, maintain, enlarge, use or cause to be used, any building, structure, improvement, or premises, in violation of this code; or

B.    Transfer any land in violation of this code. (Ord. 1635 § 45, 2014)

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 basis thereof, shall be filed with the Planning Director or their designee. They shall record properly such complaints, investigate and take action thereon as provided by this code.

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.

A.    If the Director determines that a violation of this code has been committed, the Director may negotiate a consent order with the alleged violator. Any consent order issued under this section must result in abatement of the violation. The consent order shall contain conditions to ensure full abatement of the violation and full compliance with all provisions of this code. The consent order may provide for the payment of civil penalties and payment for the City’s enforcement, inspection, oversight, and administrative costs, including attorney fees. Any consent order under this section must result in an abatement of the violation according to a specified timetable, not to exceed one year.

B.    All consent orders must be signed by the Director and by the alleged violator. No consent order may be issued without the written permission of all owners of property where work required by the consent order will be conducted.

C.    No permit or approval otherwise required by this code shall be required of any action required by a consent order. The consent order shall act as the necessary land use approval for the action required by the consent order.

D.    Notice of the consent order shall be provided to all owners of property within 500 feet of the place where the violation occurred and to all owners of property within 500 feet of the location of any remedial work to be taken under the consent order. Notice of the consent order shall also be published in a newspaper of general circulation in the City. Any person who is not a party to the consent order may appeal the order to the City Council under the provisions of Chapter 99 CDC.

E.    If a consent order is issued and fully complied with, the City shall not take any abatement action under CDC 106.050.

F.    The Director shall have discretion to determine whether to attempt to negotiate a consent order. The Director may choose to proceed with abatement under CDC 106.050 without attempting to negotiate a consent order or at any time prior to issuance of a consent order. The City may proceed with abatement under CDC 106.050 if a violator does not comply with a consent order. No City land use application or permit shall be required for any work by the City to abate in response to a violation pursuant to CDC 106.050 or West Linn Municipal Code 5.510. (Ord. 1484, 2002)

A.    All violations of this code, any development contrary to a permit approval, and any failure to comply with approval conditions arising out of this code are Class A violations and shall be enforced pursuant to Sections 1.205 through 1.260 of the West Linn Municipal Code:

1.    Knowing or intentional violation. The maximum forfeiture for a knowing or intentional violation shall be $1,000.

2.    Other violations. The maximum forfeiture for all violations other than knowing or intentional violations shall be the standard forfeiture for Class A violations set out in West Linn Municipal Code Section 1.255.

3.    Increased maximum penalty for subsequent violations. The maximum forfeiture otherwise applicable shall be increased by 50 percent over the previous violation if a judgment of violation of this code has been issued against the violator within five years prior to the violation.

B.    The commission, continuance, or maintenance of a violation on more than one day shall constitute a separate violation for each and every day during any portion of which the violation is committed, continued, or maintained.

C.    All violations of this code, any development contrary to a permit approval, and any failure to comply with approval conditions imposed under this code are public nuisances and may be abated pursuant to Sections 5.400 through 5.530 of the West Linn Municipal Code.

D.    The City’s remedies are cumulative. The City may enforce any violations under the violation procedure, under the nuisance procedure, or under both procedures, either simultaneously or concurrently. The City’s remedies listed in this section are in addition to any other remedy or claim the City may have against the violator. (Ord. 1604 § 74, 2011; Ord. 1621 § 25, 2014)