Marion County Code Enforcement
The Enforcement Process
The following is a general guideline. Enforcement cases vary greatly, necessitating some flexibility in how Code Enforcement processes complaints. A different sequence of steps may be followed, for example, for cases involving a significant threat to public health and safety, if the property has been the subject of recent enforcement, the violation is severe, etc. Feel free to contact Code Enforcement if you have questions regarding the process and/or a specific complaint.
Please note Marion County Code Enforcement does not handle complaints regarding property or situations inside any city. You will need to contact the city where the property is located to file a complaint. STEP 1: Receiving the ComplaintComplaints received by Code Enforcement are given a case number and assigned to one of the Enforcement Officers or other County personnel for investigation.
STEP 2: Assessing the SituationEnforcement staff will determine the appropriate timeline for investigating the complaint based on several criteria:
The type of alleged violation;
Priority ranking of the violation(s);
Current enforcement caseload.
STEP 3: Research At the beginning of each investigation, the following is established:
STEP 4: Field InvestigationEnforcement staff will conduct a field investigation to:
STEP 5: Filing a ReportUpon completion of the field investigation, enforcement staff will prepare an investigation report which will include:
Follow-up with Complainants. At this point, enforcement staff will contact the complainant, if requested, and inform him/her of the results of the investigation and timeline for correcting the violation(s).
STEP 6: Notice of Violation LetterWhen enforcement staff determines there are reasonable grounds to believe a violation did or does occur, a Notice of Violation (NOV) letter is sent to the property owner(s) and each person who is or may be responsible for the alleged violation.
STEP 7: Follow-Up for ComplianceNon-compliance. After the compliance date, if it is determined that the required corrections have not been made, and a Voluntary Compliance Agreement has not been signed, staff will begin the process to issue a citation.
Compliance. If it is determined that the required corrections have been made, the date and method of compliance are noted in the enforcement file and the case is considered closed.
Compliance Requiring Permits or Other Approvals. In cases where code compliance requires both applying for and receiving a permit or approval, enforcement shall continue until all necessary permits or approvals are granted or until they are denied and code compliance is obtained through other means.
Time Extensions. If the alleged violator admits the violation(s) and requests extended time for compliance, the Enforcement Officer may allow a time extension if circumstances warrant and/or if a "good faith" effort has been made to correct the violation(s).
Stop Work Orders. To increase code compliance, stop work orders may be used whenever follow-up of permits and approvals reveals, or a complaint is received regarding, construction, installation and/or land use activity not permitted. If construction, installation or land use activity continues after the issuance of a stop work order, enforcement staff will cite the alleged violator.
Restricting Issuance of Development Permits. In some cases, persons applying for land use, construction and/or engineering permits to develop property that has uncorrected county code violations may be denied until violations are corrected.
Permit Revocation. Certain county codes authorize the revocation of permits or approvals for failure to comply with their requirements or conditions. In particular, it is the County’s policy to use permit revocation in cases in which corrective action may not be effective in bringing the subject property into code compliance due to the nature of the violation and the deliberateness of the code violator’s actions to avoid compliance.
STEP 8: Issuing CitationsIt is the County’s policy to encourage voluntary code compliance by providing violators and other responsible persons the opportunity to comply with little or no penalty. The County believes that voluntary compliance generally is less expensive for all parties and of a more satisfactory and lasting nature than involuntary compliance. However, when voluntary compliance is not obtained within the stated time frame, the case will proceed to issuance of a citation.
Fines - The schedule of maximum fines for county code infractions is set forth in ORS 153.310 and ORS 203.065. If the defendant is convicted, enforcement staff shall request that Justice Court impose the maximum fine.
STEP 9: File ClosureAn enforcement case will be closed: