§ 1.07.040. Commencement of action for violations.

(A)

A designated and appointed code enforcement officer or a peace officer may issue a citation for a violation of a City ordinance or Code provision committed in his or her presence, when committed at any location within the incorporated area of the City, or, in the case of a Unified Development Code violation, within the Urban Growth Boundary of the City, or at any other location allowed under Oregon or Federal law. For purposes of this section, the term "committed in his or her presence" may consist of a personal observation of a condition resulting from such a violation.

(B)

A private person may only commence an action for an ordinance violation as provided in section 1.07.030(E) and under the same conditions as provided in subsection (A) of this section. The commencement of an action by a private person for a violation committed in his or her presence shall be at the discretion of and in the judgment of the City Attorney in his or her capacity as a special prosecutor and shall conform to the approved citation form in section 1.07.030 and the procedures for certification and service as required in section 1.07.030 and 1.07.050, respectively.

(Code 1981, § 1.07.040; Ord. No. 433, 10-17-1995; Ord. No. 588, 11-4-2008)