Is this legal?

[soundspawn]

What is the name of your state (only U.S. law)? Dallas, Oregon

http://www.ci.dallas.or.us/archives/30/2009-12-21%20Agenda%20Packet.pdf - Page 6
State's Summary of Senate Bill 915
Key points:

• Must notify of a suspected violation and proposed penalty before issuing
• Said notification must include the ORS/ORD number
• Must have an administrative method to appeal

Now same packet - Page 34
City's Code to apply said Bill
Key points:

• Must issue an order to correct before issuing penalty
• When issuing administrative penalty the official must cite the ORS/ORD number
• The appeal hearing will result in a decision; that decision is final

I received an Order to Correct with no code cited and no proposed penalty. I also received an Administrative Penalty approximately 15 days later that has no code cited. Is this legal? I still do not know what I am appealing specifically. The plain English is "Construction occurred that required a permit" but that does not tell me what required permitting (this was supposed to be exempt, so the "what" is pretty important). In my letter of appeal I stated I did not know what exactly I was appealing but based on the verbiage and the citation I received around the same time I would guess (and guessed a city ORD code). Now looking back it has to have been a State Building Code...

Also, is the appeal process legal in that it's a one-and-done with an appointed official and does not use a court of law anywhere in the process?

 

[soundspawn]

Sorry for double post but I received more info today and I see the thread has been viewed (perhaps being followed by some).

Today I received a "Withdrawal of Notice of Civil Violation Imposing Administrative Penalty and Notice of Civil Violation Imposing Administrative Penalty" letter. It states that the original Notice is being withdrawn and a new one issued in its place. It now includes cited codes. There is no new Order to Correct (the Senate Bill requires the codes to have been on the Order to Correct as well as a proposed penalty on the Order to Correct). It also states that with the withdrawal of the July 30th Notice, the appeal to that notice is "moot". If I wish to appeal this Notice I must file a new appeal.

Sounds fishy in that I still don't think the law is being followed. If this is fine, couldn't they do this forever, fine me, wait for me to appeal, retract, resend... for no reason other than boredom/spite?

 

[Hot Topic]

Sorry for double post but I received more info today and I see the thread has been viewed (perhaps being followed by some).

Today I received a "Withdrawal of Notice of Civil Violation Imposing Administrative Penalty and Notice of Civil Violation Imposing Administrative Penalty" letter. It states that the original Notice is being withdrawn and a new one issued in its place. It now includes cited codes. There is no new Order to Correct (the Senate Bill requires the codes to have been on the Order to Correct as well as a proposed penalty on the Order to Correct). It also states that with the withdrawal of the July 30th Notice, the appeal to that notice is "moot". If I wish to appeal this Notice I must file a new appeal.

Sounds fishy in that I still don't think the law is being followed. If this is fine, couldn't they do this forever, fine me, wait for me to appeal, retract, resend... for no reason other than boredom/spite?

They obviously have nothing better to do than harass you. And you are important because?

 

[soundspawn]

They obviously have nothing better to do than harass you. And you are important because?

Because I've given them a hard time? Because the City Manager was just arrested and charged with 17 crimes (mostly embezzling and wasteful/unlawful spending) last week and they need the revenue? Because I've recently threatened legal action against the city for a related matter? Because it only takes thirty seconds every three weeks to copy the last notice, change the date, and send it out, but if I fail to appeal they will fine $1000/day? Maybe just because they're not very bright, as evidenced by them screwing up the first notice, then fixing 1/3rd of the problems when they reissued.

I think I've pissed them off, so I think they'll make time to harass me.