HomeMy WebLinkAboutCouncil Resolution 644RESOLUTION N0. 644
A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR
ENFORCEMENT OF THE CENTRAL POINT MUNICIPAL CODE
WHEREAS, in order to provide guidance to City employees
responsible for enforcing the provisions of the Central Point
Municipal Code, the City Council deems it necessary and
appropriate to set forth certain policies and procedures that
City employees should follow during enforcement actions.
Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL
POINT, OREGON, that the following "Code Enforcement Policies and
Procedures" shall henceforth be in effect in the City of Central
Point..
CODE ENFORCEMENT POLICIES AND PROCEDURES
PURPOSE:
The purpose of the following policies and procedures is to
define code enforcement practices within the City of Central
Point to be followed within the limits of available resources of
City personnel, with the intention of gaining substantial
compliance with, and consistent enforcement of, all municipal
ordinances, codes and other laws applicable in the City of
Central Point.
POLICIES:
1. City employees should report potential violations coming
to their attention to appropriate City personnel, who may cause
an investigation to proceed pursuant to these policies and
procedures within the limits of available resources.
2. City employees shall place the highest enforcement
priority on those situations which create, or potentially could
create, an imminent danger involving the health, safety or
welfare of a citizen or imminent danger to property. As to such
situations involving imminent danger, City employees shall
respond as promptly as possible given available resources.
3. City employees should respond to information concerning
CPMC violations when the information is received:
a. By citizen complaint made wherein the citizen signs
a Code Violation Investigation Report form (See Attached); or
1 - RESOLUTION N0. 644 (101992)
b. By observation of a City employee during the normal
course of the employee's work activities.
4. City employees may, in their discretion, respond to
information received from a citizen who does not want to sign a
Code Violation Investigation Report form, whether the information
is received over the phone, from an identified or anonymous
person, or whether the citizen is a city resident or a non-city
resident.
5. City employees are not required to conduct an
investigation, file a report, commence a Municipal Court
Complaint, or take any other action in cases wherein the employee
determines that considering the merits and seriousness of the
complaint and the effect of the potential violation on the public
health, safety and welfare, committing the City's limited
resources to the case is not justified.
6. Employees are not required to report potential
violations they may observe or be informed of during non-work
scheduled hours. During work hours, employees are not required
or expected to "patrol" the City for the sole purpose of
observing potential violations, with the exception of CPMC
Chapter 8.01 (woodburning violations) and Police Department
activities.
7. If City employees, while investigating a potential
violation, receive allegations from the person under
investigation about other potential violations, the employee
should inform the person under investigation that if they wish to
file a Code Violation Investigation Report concerning the other
violations., the City will attend to such complaint in due course,
but that the investigation at hand will be completed first,
before consideration of any other complaints.
8. The fact that other people may be violating a regulation
does not give rise to a valid defense on the part of the person
being investigated; nor does that fact constitute a reason to
drop or delay the investigation of the complaint at hand.
Complaints will be handled one at a time as they come to the
attention of the City.
9. City employees are not required or expected, as a result
of receiving a complaint or observing a complaint, to then begin
an investigation of, or observation of, a larger area of the City
to determine if other similar violations may exist..
10. Upon receiving a signed Code Violation Investigation
Report frcm a citizen, City staff may, if deemed appropriate,
utilize undercover personnel to determine relevant facts in the
investigation.
2 - RESOLUTION NO. 644 (101992)
COMPLAINT PROCEDURES:
Whenever a City employee receives information causing the
employee to reasonably believe that a violation has occurred,
City staff will complete and utilize the Code Violation
Investigation Report attached hereto, marked Exhibit "1", and. by
this reference incorporated herein. The following procedures
should then be followed:
1. Staff should investigate the alleged/potential
violation, including the following as necessary:
a. Research applicable City codes, and other laws and
regulations;
documents;
b. Investigate City records or other relevant
c. Interview persons with relevant information.
2. If the employee is able to determine through
investigation that a violation indeed exists, the employee should
proceed as set forth in subsection 3 below; provided that, if in
the judgment of the employee the violation creates an imminent
danger to person or property, the employee should take immediate
action to reduce or eliminate such dangerous. condition.
3. The facts of the situation as gathered by City staff
and/or provided by the complainant will be reviewed by the City
to determine appropriate action, which may be any one of the
following:
a. No violation exists, and no further action is
necessary;
b. A violation may exist, but the City is unable to
produce enough evidence to proceed with enforcement action;
c. A violation may exist, but the City is unwilling to
proceed with enforcement action based upon the considerations set
forth in paragraph 4 of the "Policies" section above;
d. A violation may exist, but the City is unwilling to
proceed with enforcement action unless the complainant signs a
Municipal Court Complaint; or
e. After reviewing the information with the City
Administrator and City Attorney, a determination is made that a
violation exists and City staff initiates enforcement
proceedings.
3 - RESOLUTION NO. 6..44 (101992)
4. If appropriate, City staff will report back to the
complaining party with the results of the investigation.
Passed by the Council and signed by me in authentication of
its passage this ~ day of ~.~.~..~/ae4 ~ 1992.
Mayor~Roger Westensee
ATTEST:
,~2~/ ~M/ ./ O
City Re resentative
Approved by me this ~ d/a/y"~~of_-~-~~ ~~c.•e-,,,,~~~.e~i ) 1992..
Mayo---Westensee
4 - RESOLUTION N0. 644 (101992)
EXHIBIT "1"
Date:
COMPLAINANT
Full Name:
Address:
Nome Phone:
CODE VIOLATION INVESTIGATION REPORT
ALLEGED VIOLATION.
Address of Alleged Violation:
Work Phone:
Nature of Alleged Violation (describe):
Diagram of Area in Question:
How long have you been aware of this situation?
How was the matter brought to your attention?
I understand that by accepting this form, the City is not
necessarily agreeing to investigate this complaint or take any
other action, and that whether to do so is discretionary with the
City. In the event the City chooses to commence an enforcement
action, I am willing to assist in that process by signing a
complaint and, if necessary, appearing in court as a witness far
the City.
Signature
STAFF USE ONLY
Investigation conducted by
Complainant contacted on
Report Attached
Complaint Withdrawn Enforcement Action Initiated